People vs.

Famularcano

Facts:
Famularcano, a driver at the Camp John Hay, followedDionisia after she alighted film the truck. She
took her bythe waist, held her to his breast and private parts. Sheresisted and was able to extricate
herself. She themvalked towards the house of her friend, instead of goinghome.When a complaint
for acts of lasciviousness was filedagainst him, Famularcano claimed that he had no intentionof
having sexual intercourse with her He did the acts a s arevenge for what Dionisia's father did to his
wife.

Issue: Whether or not actsoflasciviousness has a frustrated stage.

HELD:
The accused cannot be convicted of frustrated actsof lasciviousness for under the very terms of the
law suchfrustration can never take place. In cases of acts oflasciviousness, as in all cases of crimes
against chastity likeadultery and rape, from the moment the offender performsall the elements
necessary for the existence of the felony,he actually attains his purpose, and from that moment, all
the essential elements of the offense have also beenaccomplished. Motive of revenge is of no
consequencesince the essence of lewdness is in the very act itself. Hewas convicted of
consummated acts of lasciviousness.