Crim 5digests

Valenzuela vs People GR No. 160188, June 21, 2007 (Frustrated Felonies) FACTS: On May 19, 1994 at around 4:30pm, petitioner Aristotel Valenzuela and Calderon were sighted outside the Super Sale Club C lub by Lorenzo Lago, a security guard. He saw the petitioner hauling a push cart loaded with cases of cartons of Tide Ultramatic, and later on, put the said cartons in a taxi. They boarded the taxi cab carrying the cartons of Tide, but were apprehended by Lago for they cannot present a receipt of the said merchandise. The stolen mer chandise are recovered, and the acc used were held at the PNP Office at Quezon City. CONTENTION OF THE STATE: Both Valenzuela and Calderon are convicted of the crime o f consummated theft. CONTENTION OF THE ACCUSED: Valenzuela seeks for a petition for review and for the modification of the conviction to only frustrated theft (instead of consummated theft) as rendered in People v. Dio, and People v. Flores RESOLUTION: There is no crime of frustrated t heft. The unlawful taking is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose the same. Under Article 308 of RPC, theft can only be attempted or consummated.

People vs Luis Mision GR No. L-63480, February 26, 1991 FACTS: In the evening of October 24, 1978, as Merceda (Mercy) Dagohoy, the niece of Luciana Dagohoy, was about to close their store, the accused Luis Mision pushed open the door and immediately stabbed Merceda on the shoulder. The latter fell down. Thereafter, Mision approached Lusiana and stabbed her on her right breast w ith a knife eight inches long. On October 26, 1978, Luciana died of blood poisoning , and haemorrhage due to stab wounds. CRIME: The accused is convicted with the complex crime of murder with frustrated murder. CONTENTION OF THE STATE: The two offenses imputed to the appellant cannot be treated as a single offense. It is established that the appellant stabbed two victims, one after another, by two distinct knife thrusts. CONTENTION OF THE ACCUSED: Mision plead not guilty of the crime committed. The injury of Merceda was merely superficial and it is improper for t he trial court to convict him of frustrated murder. RESOLUTION: The decision is modified from complex crime of murder and frustr ated murder to separate crimes of murder and frustrated murder. The assault to Merceda constitutes a frustrated murder . In

fact, she suffered from secondary infection and was hospitalized for 5 days, her relatively quick recovery is the result of prompt medical attention.

People vs Julian Erinia GR No. L-26298, January 20, 1927 FACTS: Julian Erinia, the accused, raped the victim of the crime who is a child of 3 years and 11 months old. The evidence is conclusive that the ac cused endeavoured to have carnal intercourse with the child, but there is doubt if he succeeded in penetrating the vagina before being disturbed by the intervention of the victim’s mother and sister. CONTENTION OF THE STATE: The accused is guilty of the crime of consummated rape. CONTENTION OF THE ACCUSED: Mision appealed that it is not consummated rape, but only frustrated rape for there is no conclusive evidence of penetration. RESOLUTION: The accused is found guilty of the crime of frustrated rape. There being no conclusive evidence of penetration of the ge nital organ of the offended party. The child was of such a tender age that penetration was impossible; that the crime of rape, in this case, was impossible of consummation.

People vs Cerlito Orita GR No. 88724, April 3, 1990 FACTS: Cerlito Orita poked a “balisong” to college freshman Cristina Abayan as soon as she got into her boarding house early morning after arriving from a party. S he was dragged inside the house up the stairs. Upon entering her room, he pushed her in and got her head hit on the wall. He immediately undressed while still holding the knife with one hand, and ordered her to do the same. He ordered her to lie down on the floor and then mounted her. He asked her to hold his penis and insert it in her vagina, while still poking the knife to her. When Orita’s hands were both flat on the floor, complainant escaped naked. She ran from room to room as appellant pursued her, and finally jumped out through a window. She went to the municipal building nearby. The policemen inside the building saw her crying and naked. The policemen dashed to her boarding house but failed to apprehend the accused. She was brought to a hospital for physical examination. CONTENTION OF THE STATE: Ceilito Orita was accused of frustrated rape by the RTC. He appealed to the Court of Appeals for review. CONTENTION OF THE ACCUSED: The accused plead not guilty for there is no conclusive evidence of penetration of the genital organ.

RESOLUTION: The accused is found guilty of consummated rape. The court contends that there is no frustrated rape. Rape can only be attempted or consummated. *Clearly, the moment the offender has carnal knowledge of the victim, he now has intent, and from that moment all t he elements are accomplished, and the crime has already been produced, thus the felony is consummated.

People vs Ponciano Sanchez GR Nos.68402-04; November 16, 1995 FACTS: While Gladys Magpayo, 9-year old girl, was left alone in their apartment, the accused entered in her room and raped her. He unzipped his pants, shorts, and underwear, covered her mouth, and succeeded in inserting his penis into Gladys’ private part. Gladys did not tell anyone because she is afraid that her mother will get angry at her. The accused did this for three times. CONTENTION OF THE STATE: The accused is guilty of three counts of statutory rape which he committed in the dates December 14, 1989, December 21, 1989, and January 2, 1990. CONTENTION OF THE ACCUSED: The accused denies the allegation and contends that the three incidents of rape are not true. He capitalizes on the fact that the medico -legal report of Dr. Cenido showed no laceration of hymen. RESOLUTION: The rape is consummated. A broken hymen is not an e ssential element of rape. *The mere penetration of the penis by the entry thereof into the female organ, even without rupture of hymen, suffices to warrant a conviction for rape.