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The intent of the offender to lie with the female defines the
distinction between attempted rape and acts of lasciviousness. The
felony of attempted rape requires such intent; the felony of acts of
lasciviousness does not. Only the direct overt acts of the offender
establish the intent to lie with the female. However, merely
climbing on top of a naked female does not constitute attempted
rape without proof of his erectile penis being in a position to
penetrate the female's vagina.
therefore, rape in its frustrated stage is a physical impossibility,
considering that the requisites of a frustrated felony under Article 6
of the Revised Penal Codeare that:
(1) the offender has performed all the acts of execution which would
produce the felony; and
(2) that the felony is not produced due to causes independent of the
perpetrators will. Obviously, the offender attains his purpose from
the moment he has carnal knowledge of his victim, because from
that moment all the essential elements of the offense have been
accomplished, leaving nothing more to be done by him. 21
In attempted rape, therefore, the concrete felony is rape, but the
offender does not perform all the acts of execution of having carnal
knowledge. If the slightest penetration of the female genitalia
consummates rape, and rape in its attempted stage requires the
commencement of the commission of the felony directly by overt
actswithout the offender performing all the acts of execution that
should produce the felony, the only means by which the overt acts
performed by the accused can be shown to have a causal relation to
rape as the intended crime is to make a clear showing of his intent
to lie with the female. Accepting that intent, being a mental act, is
beyond the sphere of criminal law,23 that showing must be through
his overt acts directly connected with rape. He cannot be held liable
for attempted rape without such overt acts demonstrating the intent
to lie with the female. In short, the State, to establish attempted
rape, must show that his overt acts, should his criminalintent be
carried to its complete termination without being thwarted by
extraneous matters, would ripen into rape,24 for, as succinctly put in
People v. Dominguez, Jr.:25 "The gauge in determining whether the
crime of attempted rape had been committed is the commencement
of the act of sexual intercourse, i.e., penetration of the penis into the
vagina, before the interruption."
It is obvious that the fundamental difference between attempted
rape and acts of lasciviousness is the offendersintent to lie with the
female. In rape, intent to lie with the female is indispensable, but
this element is not required in acts of lasciviousness. 29 Attempted
rape is committed, therefore, when the "touching" of the vagina by
the penis is coupled with the intent to penetrate. The intent to
penetrate is manifest only through the showing of the penis capable
of consummating the sexual act touching the external genitalia of
the female.30 Without such showing, only the felony of acts of
lasciviousness is committed.31
Settled are the rule that "findings of the trial courts which are
factual in nature and which involve credibility are accorded respect
when no glaring errors; gross misapprehension of facts; or
speculative, arbitrary, and unsupported conclusions can be
gathered from such findings,"16 and that "the determination by the
trial court of the credibility of witnesses, when affirmed by the
appellate court, is accorded full weight and credit as well as great
respect, if not conclusive effect."17
The records do not show any allegation of improper motive on the
part of the buy-bust team. Thus, the presumption of regularity in
the performance of duties of the police officers must be upheld
Under Section 5, Article II of Republic Act No. 9165, the quantity of
shabu is not material in the determination of the corresponding
penalty therefor. A person found guilty thereof shall suffer the
penalty of life imprisonment and a fine ranging from Five Hundred
Thousand (P500,000.00) pesos to Ten Million Pesos
(P10,000,000.00).
People v Abetong (acquitted)
Since the "perfect chain" is almost always impossible to obtain, noncompliance with Sec. 21 of RA 9165, as stated in the Implementing
Rules and Regulations, does not, without more, automatically
render the seizure of the dangerous drug void, and evidence is
admissible as long as the integrity and evidentiary value of the
seized items are properly preserved by the apprehending
officer/team.
De La Cruz v People
This was a mechanical act the accused was made to undergo which
was not meant to unearth undisclosedfacts but to ascertain physical
attributes determinable by simple observation. In fact, the record
shows that petitioner and his co-accused were not compelled to give
samples of their urine but they in fact voluntarily gave the same
when they were requested to undergo a drug test.
Since the penal code and implicitly, the cybercrime law, mainly
target libel against private persons, the Court recognizes that these
laws imply a stricter standard of "malice" to convict the author of a