PP vs Orita Facts: Coming from a party, Cristina Abayan arrived at her boarding in the early morning of March 20,

1983. When she was about to enter her boarding house, Cielito Orita suddenly held her and poked a balising to her neck. She was dragged to her room where Orita ordered her to undress. Out of fear she followed his order., while the accused starts undressing as well. Thereafter, Orita mounted on her while she laid on the floor. The accused ordered her to hold his penis and insert it in her vagina. At said position, Oriat cannot fully penetrate her. The accused then lay down on his back and commanded her to mount on him. Again, in this position, only a small portion of his penis was inserted in her vagina. At this stage, Abaya was able to dash out to next room./ Orita ran after her but she was able to jump out the window and fled to the municipal building. After learning about the incident the policemen who attended her rushed to the boarding house, however, they failed to apprehend the accused. Abayan was brought to a hospital where she was examined. Upon examination, it was found that the hymen is still intact and no laceration was noted. Issue: Whether or not Orita was properly convicted of the crime of frustrated rape given the fact that there is no complete penetration? Held: No, the conviction on the crime of frustrated rape is erroneous. Article 355 of the Revised Penal Code provides that rape is committed by having carnal knowledge of a woman by using force or intimidation, when the woman is deprived of reason or when the woman is under twelve years of age. Article 6, on the other hand, provides that a felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts necessary for its execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. Clearly, in the crime of rape, from the moment the offender has carnal knowledge of the victim, 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. The court has decide on numerous cases presented before it that perfect penetration is not essential for the consummation of the crime of rape. Any penetration of the female organ by the male organ is sufficient. Thus, Oriat should have been convicted of consummated rape.