People 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.