People v Pareja

Sept 5 2012
GR No 188979
Ponente: Brion, J.
Court Deciding: Second Division
Relief: An appeal from Court of Appeals (CA)s decision affirming the decision of Regional Trial Court
(RTC) Branch 209, Mandaluyong City (Christopher Pareja guilty of the crime of rape)
Doctrine: Attempt - In Rape, touching the mons pubis of the pudendum
- Carnal Knowledge Not Proven with Moral Certainty
o Rape is committed by having carnal knowledge of a woman with the use of force,
threat, intimidation, or when she is deprived of reason or otherwise unconscious, or
when she is under 12 years of age or is demented.
o Carnal Knowledge is defined as the act of man having sexual intercourse or sexual bodily
connections with a woman.
Summary:
At around 3:30 am of June 16, 2003, AAA was sleeping beside her two-year old nephew on the
floor of her sisters room when the accused, Christopher Pareja, attempt to rape her. However, due to
the resistance of the victim there was no penetration done by the accused.

Facts:
- At around 3:30am of June 16, 2003, AAA was sleeping beside her two-year old nephew BBB, on
the floor of her sisters room, who the appellant hugged her and kissed her nape and neck. AAA
cried but the appellant covered her and BBB with a blanket. The appellant removed AAAs
clothes, short pants, and underwear; he then took off his shorts and pants using her own legs,
and then tried to insert his penis into her vagina. The appellant stopped when AAAs cry get
louder; AAA kicked the appellants upper thigh as the latter was about to stand up. The
appellant left the room. AAA covered herself with a blanket and cried.
- The RTC convicted the appellant of rape.
- The CA affirmed the RTC decision. It explained that a slight penetration of the labia by the male
organ is sufficient to constitute rape.
Issue: Whether or not the rape is consummated
Held: No. The crime committed is attempted rape
Ratio:
- Rape is consummated by the slightest penile penetration of the labia majora or pudendum of
the female organ. Without any showing of such penetration, there can be no consummated
rape; at most it can only be attempted rape or acts of lasciviousness.
- In the present case, the prosecution failed to show sufficient and convincing evidence to
establish the required penile penetration. In the absence of such, the Court cannot convict the
appellant guilty of consummated rape.
- Art 6 of the RPC states that there is an attempt when the offender commenced the commission
of crime directly by overt acts but does not perform all the acts of execution by reason of some
cause or accident other than his own spontaneous desistance.
- In People v Publico, we ruled that when the touching of the vagina by the penis is coupled
with the intent to penetrate, attempted rape is committed, otherwise it is merely acts of
lasciviousness.
- The Court find appellant Christopher Pareja guilty of the crime of attempted rape.