Académique Documents
Professionnel Documents
Culture Documents
vs.
Erina
Facts:
The
victim
was
a
3
years
and
11
months
old
child
and
there
was
conclusive
evidence
that
the
accused
wanted
to
have
carnal
knowledge
with
her.
The
Court
of
First
Instance
of
Manila
has
found
the
accused
guilty
of
consummated
rape.
Issue:
Whether
or
not
accused
is
guilty
of
consummated
rape.
Held:
NO.
There
was
no
question
of
the
intention
of
the
accused;
the
only
contention
is
whether
he
penetrated
the
victims
organ.
The
physician
who
examined
the
child
found
a
slight
inflammation
of
the
organ,
indicating
that
an
effort
was
made
to
penetrate
the
organ
but,
expressed
his
doubts
as
to
the
commencement
of
the
penetration.
There
being
no
conclusive
evidence
of
penetration
of
the
genital
organ
of
the
offended
party,
the
defendant
is
entitled
to
the
benefit
of
the
doubt
and
can
only
be
found
guilty
of
frustrated
rape
but,
seeing
as
the
accused
was
a
guest
in
the
house
of
the
parents
of
the
offended
party,
the
aggravating
circumstance
of
abuse
of
confidence
existed,
therefore,
penalty
must
be
imposed
in
its
maximum
degree.
Judgment
appealed
from
is
MODIFIED
and
the
defendant-appelant
is
hereby
found
guilty
of
frustrated
rape
and
is
sentenced
to
suffer
12
years
of
prision
mayor.
SO
ORDERED.