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 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 merchandise are recovered, and the accused were held at
the PNP Office at Quezon City.

CONTENTION OF THE STATE: Both Valenzuela and Calderon are convicted of the crime of 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 theft. 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 with 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 the trial court to convict him of frustrated murder.

RESOLUTION: The decision is modified from complex crime of murder and frustrated 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 accused 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 genital 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. She 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 the 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 essential 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.