People vs. Orande GR no. 141724-27 Facts: Jan 14 1996- City of Manila Philippines willfully, unlawfylly and feloniously (by means of force and intimidation) threatening to kill had carnal knowledge of the latter against her will April 15 1994 willfully, unlawfully, feloniously threatened Jessica Castro Del La Cruz of death should she resist or report the matter to anybody, had carnal knowledge of said Jessica Castro, a minor (under 12 years) March 12 1995 same November 17 1996 carnal knowledge with the latter against her will Arraigned on September 5, 1997, appellant pleaded not guilty.Thereafter, trial on the merits ensued. However, the trial was subsequently postponed for eight months as Jessica was suffering from psychological and emotional trauma from her horrifying ordeal. -Jessica filed criminal case against mother Girlie dela Cruz appellant was the common law husand (pedicab driver) -Started living with Girlie in Paco, Manila with her and her 3 children -Ground floor: bedroom, kitchen and living room/adjacent room-Girlies brother and his family/second floor-Girlies sister and family Incidents of rape: 1st: April 1994: Girlie was in fish market, appellant ordered her to undress, he removed his pants, placed himself on top of her and partially penetrated her. She felt pain and saw her vagina smeared with blood and semen.

She was only 9 years and 4 months 2nd: March 14, 1995 : Girlie in market, Jessica was left wth siblings. Apellant sent children out except for her. Apellant removed clothes, pulled out balisong and order Jessica to undress. Made her lie down, mounted her. He reached orgasm with slight penetration. Knelt down, kissed, and fingered Jessicas vagina, mashed her breasts. Stopped when someone knocked.

11 years old and 3 months 3rd: January 14, 1996: Jessica arrived from school. While changing clothes, appellant ordered other siblings to visit their mom in Paco Market. Alone removed his pants, got his knife, and ordered her to undress. Did the same thing as before. Stopped when siblings arrived.

12 years and 6 months 4th: November 1996 (last rape): Girlie in market (WTF.. she should really be watching her children but cant blame her for making money). Apellant said they would do the same thing but Jessica refused, scared to get pregnant. Apellant showed his balisong and threatened to kill her. Put a blanket on top of them, and slightly penetrated her. Mashed her breasts, fingers and kissed her vagina. He told her she would not get pregnant because she has not menstruated yet. March 1997 Mrs. Adoracion Mojica (teacher) asked Jessica her unusual treatment with appellant. She said she was raped several times.

Mrs. Mojica called Mrs. Antonina de La Cruz (her aunt) and she accompanied Jessica to the police station. Dr. Bernadette J. Madrid examined Jessica and Apellant denied, Girlie supported him and gave alibis saying that Jessica did not approve which would be a motive for her to say she was raped. Apellant said if it was true, she shouldve cried out for help. Court convicted appellant. simple rape, simple rape, statutory rape, frustrated rape.

Conviction of frustrated rape should pertain to Criminal Case NOo. 97-159185 and NOT Criminal case No. 97-159187

Issue: Did the court err in the ruling of frustrated rape in one of the instances? HELD: Yes because:

There is NO crime such as frustrated rape o From People vs. Orita Clearly, in the crime of rape, from the moment the

offender has carnal knowledge of his victim, he actually attains his purpose and, from that moment also all the essential elements of the offense have been accomplished. Nothing more is left to be done by the offender, because he has performed the last act necessary to produce the crime. Thus, the felony is consummated.

Thus, it was error for the trial court to convict appellant of frustrated rape. Besides, after a careful review of the records, we find that the rape was in fact consummated. Jessica initially testified that, although appellant did not succeed in inserting his penis in her vagina, she felt his sex organ touch hers and she saw and felt semen come out of his penis and smear her vagina.[25] In response to the clarificatoryquestions asked by the prosecutor, Jessica testified that the appellant was able to slightly penetrate her because she felt pain and her vagina bled.

Thus, appellant can only be convicted of simple rape punishable byreclusion perpetua under Article 335 of the Revised Penal Code. However, in Criminal Case Nos. 97-159185 and 97-159186, the appellant can be convicted of statutory rape also punishable by reclusion perpetua under Article 335 of the Revised Penal Code inasmuch as the age of Jessica was alleged in the information and duly proven during the trial by the presentation of her birth certificate.