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ART.

266-A: RAPE felony is not produced due to causes independent of the perpetrator's
will.
People v. Orita (April 3 1990 Medialdea, J.) o Clearly, in the crime of rape, from the moment the offender has
FACTS: carnal knowledge of his victim he actually attains his purpose
 Ceilito Orita allegedly raped 19-year old college freshman Cristina and, from that moment also all the essential elements of the
Abayan. Orita was a PH Constabulary soldier at the time. offense have been accomplished. Nothing more is left to be done
 Upon arriving at her boarding house after a party, Cristina was poked by the offender, because he has performed the last act
with a knife to her neck. She recognized Orita who was a frequent visitor necessary to produce the crime. Thus, the felony is
of the boarding house. consummated.
o He ordered her to go upstairs with him. When they reached the o In rape, perfect penetration is not essential. Any penetration
2nd floor, they entered her room. of the vagina by a penis is sufficient.
o Orita pushed Cristina and she hit her head on the wall. Orita o *Entry of the labia or lips of the female organ, without rupture of
undressed himself and ordered Cristina to take off her clothes. the hymen or laceration of the vagina is sufficient to warrant
Scared, she took off her shirt and he pulled off her underwear. conviction. Necessarily, rape is attempted if there is no
o He ordered her to lie down on the floor then he mounted her. He penetration of the female organ because not all acts of execution
made her hold his penis and insert it in her vagina. However, he was performed. The offender merely commenced the
cannot fully penetrate her and only a portion of his penis entered commission of a felony directly by overt acts.
because she kept moving.  The med examiner did not rule out penetration of the vaguna. He merely
o He commanded her to mount him. Again, only a small part of his testified that there was uncertainty whether or not there was penetration.
penis entered her. However, Cristina positively testified that there was penetration albeit
o Cristina was able to dash out to the next room and locked herself partial.
inside. She was pursued by Orita but she jumped out thru a
window. People v. Campuhan (Mar 3 2000 Bellisillo, J.)
o She ran to the municipal building and policemen found her sitting FACTS:
outside crying. One of them took off his jacket and wrapped it  Primo Campuhan was found guilty of statutory rape.
around her. The policemen rushed to the boarding house and  Ma. Corazon Pamintuan, mother of 4-year old Crysthel Pamintuan
saw somebody running away but was unable to apprehend him was preparing some Milo drinks for her 2 children. Primo was the helper
due to darkness. of Corazon’s brother Conrado.
 According to the medical exam, Cristina had no abrasions or marks on o As Corazon was preparing the drinks, she heard one of her
her vulva. Her hymen was also intact. daughters cry “Ayoko, ayoko!”
 The trial court convicted Orita of frustrated rape. o She rushed upstairs and saw Primo inside her children’s room
ISSUE: W/N Orita is guilty of consummated rape. kneeling before Crysthel. Chrysthel’s pajamas and panty were
HELD: YES. removed, and Primo’s shorts were down to his knees.
 NO CRIME OF FRUSTRATED RAPE. o According to Corazon, Primo was forcing his penis into
 The alleged inconsistencies of the prosecution’s testimony were trivial Crysthel’s vagina.
ones. They confirm that the witnesses’ testimonies were not rehearsed o Corazon cursed at Primo and boxed him several times. He
and added credence and veracity to their spontaneous testimony. evaded her, pulled up his pants, and ran. Corazon shouted for
 The SC upheld the factual findings of the TC. help and her brother, a cousin, and an uncle chased Primo, took
 The SC held that according to the med exam, the abrasions in the left him to the back of their compound and called the barangay
and right knees, linear abrasions below the left breast, multiple pinpoint officials.
marks, circumscribed hematoma at the anterior neck, erythematous area  According to the physical exam, Crysthel had no signs of extra-genital
surrounding the vaginal orifice and tender vulva, are conclusive proof of injury.
struggle against force and violence exerted on the victim.  Primo asserts that the rape was impossible because Crysthel’s younger
 Requisites of a Frustrated Felony: (1) that the offender has performed sister was in the room with them and their mother was only downstairs.
all the acts of execution which would produce the felony and (2) that the The door of the room was also open.
o He also avers that it was almost inconceivable that Corazon  Ma. Victoria’s mother Elvira Chan noticed that she was missing.
could give such a vivid description of the alleged sexual contact  Isip noticed that Mahinay failed to show up for dinner. The following day,
when from where she stood she could not have possibly seen Mahinay boarded a jeepney at the talipapa, alighted on the bridge of the
the alleged touching of the sexual organs of the accused and his North Expressway and disappeared.
victim.  A boy found Ma. Victoria’s lifeless body inside the septic tank.
ISSUE: W/N Campuhan is guilty of consummated rape.  According to the autopsy, the victim had contusions on her supra pubic
HELD: NO. area and died of asphyxiation. Her hymen had lacerations.
 The SC clarified that even of the mere touching of the external genitalia  The police found the victim’s clothes in the 2nd floor of the unfinished
by the penis constitutes consummated rape, the act of touching should house. They also found underwear by the septic tank, and a wallet and
be understood as part of the entry of the penis into the labias of the pants identified by Isip as Mahinay’s belongings.
female organ and not mere touching alone of the mons pubis or the  Mahinay was finally arrested in Batangas. He executed an extrajudicial
pudendum. confession wherein he narrated how he raped and killed the victim. He
o Touching when applied to rape cases does not simply mean also pointed to Zaldy and Boyet as his co-conspirators.
mere epidermal contact, stroking or grazing of organs, a slight  Mahinay insists that the circumstantial evidence presented by the
brush or a scrape of the penis on the external layer of the prosecution against him is insufficient to prove his guilt beyond
victim’s vagina, or the mons pubis. reasonable doubt.
o The touching must be beneath the mons pubis or the vaginal ISSUE: W/N Mahinay is guilty of rape.
surface to be considered consummated. HELD: YES.
o The grazing or touching of the mons pubis of the pudendum is  Absence of direct proof does not necessarily absolve the accused from
merely attempted rape or acts of lasciviousness. any liability because conviction may be had on circumstantial evidence
 The SC held that the prosecution failed to prove that Primo’s penis was provided that the following requisites concur:
able to penetrate Crysthel’s vagina, even slightly. 1. there is more than one circumstance;
o Primo’s kneeling position rendered it impossible for him to pin 2. the facts from which the inferences are derived are proven; and
down Crysthel, spread her legs, and hold his penis as Corazon 3. the combination of all the circumstances is such as to produce a
testified. conviction beyond reasonable doubt.
 Rape is attempted when the offender commences the commission of  For circumstantial evidence to be sufficient to support a conviction, all
rape directly by overt acts, and does not perform all the acts of execution circumstances must be consistent with each other, consistent with the
which should produce the crime of rape by reason of some cause or hypothesis that the accused is guilty, and at the same time inconsistent
accident other than his own spontaneous desistance. with the hypothesis that he is innocent and with every other rational
o All elements of attempted rape are present in the case. hypothesis except that of guilt.
 There is no showing that the testimonies of the prosecution witnesses
People v. Mahinay (Feb 1 1999 Per Curiam) were fabricated or there was any reason for them to testify falsely against
FACTS: the accused.
 Larry Mahinay worked as a houseboy of Maria Isip. He was tasked with  From the victim’s wounds, force was indeed employed upon her to
taking care of her unfinished house. satisfy carnal lust.
 Victim Ma. Victoria Chan (12) was Isip’s neighbor who always passed o Furthermore, Mahinay admitted that he pushed her causing her
the latter’s house on her way to school and played inside the compound to hit her head on the table and lose consciousness. Considering
yard. Mahinay was always around. Inside the compound yard was a that the victim was unconscious, it could safely be concluded
septic tank. that she did not give free consent to her defilement.
 On the morning of the crime, Mahinay and one Gregorio Rivera were on
a drinking spree. Drunk, Mahinay left and asked permission from Isip to People v. Fabro (Dec 13 1994 Puno, J.)
go out with his friends. FACTS:
 That night, Mahinay went to Norgina Rivera’s store to buy lugaw. She  Victim Rebecca Seguancia was working for Reyval Lopez as one of his
told him there was none left. She noticed that he was uneasy, his hair maids. Among her co-workers was Janet Fabro, accused Mario Fabro’s
was disarrayed, and he was drunk and walking in a dazed manner. He wife.
went back to the compound.
 The incident began when Lopez asked Rebeccato buy band-aids. She David’s shoulders with her feet but he held her legs and placed
passed an ihaw-ihaw restaurant where she saw Fabro. He began to trail them between his arms.
her. She asked him to stop but he did not. o Sheryl felt a sticky liquid from David’s privates. He got a tissue
o Finding the store already closed, Rebecca headed back home. and wiped it.
Fabro suggested they go to his cousin to buy the band-aids but  Sheryl could not longer bear the sexual abuse and left their house. She
she ignored him. stayed at her maternal grandmother’s house and confided to her
o Suddenly, Fabro grabbed Rebbeca’s left hand and dragged her grandmother and her mother why she did not want to go back to her
to a deserted area. He kissed her, but she bit his had. She tried house.
to escape but he grabbed her. He wrapped his hands around her ISSUE: W/N David is guilty of rape.
neck and she lost consciousness. HELD: YES.
o Rebecca heard a gunshot and she rose to consciousness. She  3 Principles in the Review of Rape Cases:
found herself lying on the ground with appellant beside her, a.) An accusation for rape can be made with facility; it is difficult to prove
zipping up his pants. Her back and vagina hurt, and she had a but more difficult for the person accused, though innocent, to disprove;
sticky matter on her vagina. She also had no pants. Fabro fled b.) In view of the intrinsic nature of the crime of rape, where only two
when a good Samaritan arrived. persons are usually involved, the testimony of the complainant is
 According to the medical certificate, Rebecca had no vaginal or hymenal scrutinized with extreme caution; and
lacerations. The sticky matter also tested negative for spermatozoa. c.) The evidence of the prosecution stands or falls on its own merits and
ISSUE: W/N Fabro is guilty of rape. cannot be allowed to draw strength from the weakness of the defense.
HELD: YES.  Sheryl’s claim was corroborated by the medical findings of the physician
 Requisites of Rape: (1) that the accused had carnal knowledge of the who examined her.
offended party, (2) that coitus was done through the use of force or o Her hymen had deep healed lacerations.
intimidation. o She was not a virgin.
 The SC has held in previous cases that when sexual assault is  The absence of fresh lacerations does not disprove rape.
committed against an unconscious victim, she would not be able to  Appellant claims that the victim only offered a token of resistance.
testify on the actual act of sexual intercourse. It is precisely when the o The law does not impose upon a rape victim the burden of
sexual intercourse is performed when the victim is unconscious that the proving resistance. Moreover, physical resistance need not be
act constitutes the offense of rape. established in rape when intimidation is exercised upon the
 Even if the victim had no vaginal or hymenal lacerations or spermatozoa, victim and she submits herself against her will to the rapist's lust
neither complete penetration nor ejaculation is necessary to constitute because of fear for her life or personal safety.
rape. What is essential is that there be penetration of the female o David’s moral ascendancy over Sheryl substitutes for violence or
organ, no matter how slight. intimidation.
o Rape is nothing more or less than a conscious process of
People v. Echegaray intimidation by which a man keeps a woman in a state of fear
and humiliation.
People v. Silvano (Jun 29 1999 Per Curiam)  The failure of the victim to immediately reveal her father’s incestuous
FACTS: acts is not indicative of fabricated charges. It should be noted that many
 David Silvano allegedly raped his 16-year old daughter Sheryl Silvano. victims of rape never complain or file criminal charges against their
 Sheryl was sleeping in her room and was awakened by David. He started rapists. They prefer to bear the ignominy and pain rather than reveal their
scolding her for coming in later. He appeared tipsy, and started shame to the world or risk rapists making good their threats to kill or hurt
undressing Sheryl as a form of punishment that she had been their victims.
experiencing since she was 13. o It is not uncommon for a young girl at such age to be intimidated
o He started to hold and kiss her breasts. He dragged her at the into silence and conceal for sometime the violation of her honor,
edge of the bed, knelt down on the from and held her privates. even by the mildest threat against her life.
o Sheryl pleaded him to stop but he removed her shorts and
panties, and raped her. Sheryl tried to free herself by pushing People v. Bonaagua (Jun 6 2011 Peralta, J.)
FACTS:
 Ireno Bonaagua was charged with 4 counts of Rape for inserting his
tongue and his finger into the genital of his minor daughter AAA. People v. Jumawan (Apr 21 2014 Reyes, J.)
 It was established that AAA and her parents were staying in the house of FACTS:
a Lola Jean for Christmas.  Edgar Jumawan and his wife KKK were married, had 4 children, and
o AAA was inside a room lying in bed while her younger brothers put up several businesses.
were playing outside. Ireno approached her, rolled her shirt  KKK filed a complaint alleging Edgar raped her and boxed her shoulder
upward, and removed her shorts and panty. for refusing to have sex with him.
o She tried to resist by putting her clothes back on but her father’s  According to the prosecution, KKK met Edgar on her parents’ farm where
strength prevailed. He touched her breasts and licked her Edgar’s father was one of the laborers. They got married a year after.
genitalia and then inserted his finger into it. o After the birth of their 1st child, they put up a sari-sari store and
o In the evening of the same day, Ireno again raped AAA in the later on engaged in several other businesses.
same manner. AAA did not tell her mother because Ireno o KKK managed the businesses while Edgard supervised the rice
threatened to kill her mother. mill but in reality he only occasionally drove one of the trucks.
o AAA was raped for a 3rd time in Dec 1999. o KKK and Edgard started quarrelling usually upon his complaint
o In Dec 2000, AAA and her mother spent Christmas with Ireno in that she failed to attend to him. She was preoccupied with
Las Pinas, where AAA was again raped for the 4th and 5th time. financial problems and he says that "a woman must stay in the
o On Jan 2001, AAA complained of severe abdominal pain and her house and only good in bed.”
mother took her to the hospital. The physical exam revealed that  On the day of the crime, the family went about their nightly routine.
AAA had healed superficial lacerations on her hymen. AAA then o KKK rested separately in a cot in their conjugal bedroom. Edgar
revealed to her mother what happened. asked her why she was lying there and she said that she had a
ISSUE: W/N Ireno is guilty of rape. headache and abdominal pain because of her upcoming
HELD: YES. menstruation.
 3 Principles in the Review of Rape Cases: o Edgar got angry and threw the cot against the wall causing KKK
a.) An accusation for rape can be made with facility; it is difficult to prove to fall. KKK transferred to the bed.
but more difficult for the person accused, though innocent, to disprove; o Edgar then expressed his desire for sex by tapping his fingers on
b.) In view of the intrinsic nature of the crime of rape, where only two her lap. She politely declined but Edgar tried to pull down her
persons are usually involved, the testimony of the complainant is panties. She resisted and refused to bend her legs. Edgar
scrutinized with extreme caution; and stretched her legs apart and succeeded in penetrating her.
c.) The evidence of the prosecution stands or falls on its own merits and o Their daughter MMM heard KKK’s pleas and woke up. MMM
cannot be allowed to draw strength from the weakness of the defense. knocked on the bedroom then eventually kicked it open. Upon
 when the offended parties are young and immature girls, as in this case, seeing her mother crying she helped her get up and brought her
courts are inclined to lend credence to their version of what transpired, to the girls’ bedroom. However, Edgar blocked the door. MMM
considering not only their relative vulnerability, but also the shame and leaned against the door and embraced KKK as they pushed their
embarrassment to which they would be exposed if the matter about way out.
which they testified were not true. o Edgar’s aggression recurred the following night. KKK decided to
 The lone testimony of the victim in a rape case, if credible, is enough to sleep in her daughters’ room but Edgar lifted her from the bed
sustain a conviction. and attempted to carry her to their room.
 Rape is no longer a crime against chastity but a crime against o Edgar was not pacified even in the presence of his children and
persons. ordered them to leave. Their daughters obliged and heard the
o Appellant’s Affidavit of Desistance will not prosper. pleas of their mother resonate with the creaking bed.
o It is no longer a private crime which cannot be prosecuted, ISSUE: W/N Edgar is guilty of rape.
except upon a complaint filed by the aggrieved party. Hence, HELD: YES.
pardon by the offended party of the offender in the crime of rape  The court found that there is no rational basis for distinguishing between
will not extinguish the offender’s criminal liability. marital rape and nonmarital rape.
o To justify the dismissal of the complaints, the pardon should
have been made prior to the institution of the criminal actions.
 The Supreme Court held that husbands do not have property rights over
their wives’ bodies. Sexual intercourse, albeit within the realm of
marriage, if not consensual, is rape.
 Violation of equal protection clause
o The Court ruled that to treat marital rape cases differently from
non-marital rape cases in terms of the elements that constitute
the crime and in the rules for their proof, infringes on the equal
protection clause.
o The Court found that there is no rational basis for distinguishing
between marital rape and non-marital rape. The various
rationales which have been asserted in defense of the exemption
are either based upon archaic notions about the consent and
property rights incident to marriage or are simply unable to
withstand even the slightest scrutiny.
o The Court declared the marital exemption for rape in the New
York statute to be unconstitutional.
o Said exemption states that a husband was endowed with
absolute immunity from prosecution for the rape of his wife. The
privilege was personal and pertained to him alone. He had the
marital right to rape his wife but he will be liable when he aids or
abets another person in raping her.
o Moreover, Section 1 of RA 8353 penalizes the crime without
regard to the rapist’s legal relationship with his victim.
 Implied consent theory untenable
o The Court also ruled against the application of implied consent
theory which was raised by the accused. The accused argued
that consent to copulation is presumed between cohabiting
husband and wife unless the contrary is proved.
o According to the Court, it is now acknowledged that rape, as a
form of sexual violence, exists within marriage. A man who
penetrates her wife without her consent or against her will
commits sexual violence upon her, and the Philippines, as a
State Party to the CEDAW and its accompanying Declaration,
defines and penalizes the act as rape under R.A. No. 8353.