Criminal Law I

First Semester, First Year AY 2009-2010

ARTICLE 6 and 7 Consummated, Frustrated and Attempted Felonies

BALEROS, JR. VS. PEOPLE 483 SCRA 10
Parties Involved
Renato Chito Baleros, Jr. as petitioner
People as respondent

Held
1. No. The courts decision was merely based on speculations.
2. Yes. SC reversed and modifies the decision of the CA, acquitting Chito of
attempted rape. He is adjudged guilty of light coercion and is ordered to
serve 30 days of arresto mayor and pay PHP 200.

Facts
Early morning of Dec. 13, 1991, Malou was awakened by a smell of chemical on a
piece of cloth pressed on her face. She struggled to break free but his attacker was
pinning her down, holding her tightly. When her right hand finally got free, she
grabbed and squeezed the sex organ of his attacker. The man let her go, enabling
Marilou to seek help from her maid and classmates living nearby.

Doctrine/Ratio
Art. 335 of the RPC, rape is committed by a man who has carnal knowledge or
intercourse with a woman under any of the following circumstances:
1. By using force or intimidation
2. When woman is deprived of reason or otherwise unconscious
3. When woman is under 12 years of age or demented

An investigation was conducted in which the evidences pointed to Chito as the

attacker. The RTC thus found Chito guilty for attempted rape and ordered him to
suffer an indeterminate sentence (from prision correccional as minimum to prision
mayor as maximum) and to pay Malou PHP 50,000.

Art. 6 of the RPC defines attempted rape when offender commences the
commission of rape directly by overt acts and does not perform all the acts of
execution which should produce the crime of rape by reason of some cause or
accident other than his own spontaneous desistance.

Chito made an appeal to the CA only to be denied. He moved for a reconsideration

but to no avail. He thus made an appeal to the SC arguing that:
1. There was not enough evidence to find him guilty of the crime
2. Prosecution failed to satisfy all requisites for conviction
3. Circumstances relied on to convict him were unreliable, inconclusive and
contradictory.
4. There was no motive.
5. The awarding of damages to complainant was improper and unjustified.
6. In failing to appreciate in his favour the constitutional presumption of
innocence and that moral certainty has not been met, he should be
acquitted on the basis that the offense charged has not been proved
beyond reasonable doubt.

The attempt which RPC punishes is the act that has logical connection to the crime
that should it have been successful, the attempt would lead to the consummation
of rape. However, there was no carnal knowledge in the case. The pressing of a
chemical-soaked cloth while on top of Malou did not necessarily constitute an overt
act of rape. Moreover, the petitioner did not commence any act that was indicative
of an intent to rape Malou. The petitioner was fully clothed; there was no attempt
to neither undress her nor touch her private part.

Issues
1. Whether the evidence adduced by prosecution has established beyond
reasonable doubt the guilt of the petitioner for the crime of attempted rape
2. Whether or not the CA erred in affirming the ruling of the RTC finding
petitioner guilty beyond reasonable doubt of the crime of attempted rape

In the crime of rape, penetration is an essential requisite. Therefore for an

attempted rape, accused must have commenced the act of penetrating but for
some cause or accident other than his own spontaneous desistance, the
penetration was not completed. Thus petitioners act of lying on top of her,
embracing and kissing her or touching her private part do not constitute rape or
attempted rape.

Criminal Law I Case Digest| Outline 2