PEOPLE VS PANCHO

Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is attempted when the offender
commences the commission of rape directly by overt acts, but 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. There is no attempted rape in this case because the accused just dragged the
victim and held her feet, which are not indicative of an intent or attempt to rape the victim.

PEOPLE VS LAMAHANG
Aurelio Lamahang was caught in the act of using an iron bar to open the wall of a store of cheap
goods, while the owner was sleeping. After breaking one board and unfastening the other he
was caught by a policeman. He was charged with attempted robbery and an additional
penalty of ten years and one day for being a habitual delinquent. Lamahang now appeals.

Issue W/N

accused is guilty of attempted robbery

NO.* The accused did not clearly intend to take possession for the purpose of gain, of
some personal property belonging to another. In the instant case, there is nothing in the record
from which such purpose of the accused may reasonably be inferred. It could only be inferred
that he did intend to enter through force into the store, but not to take possession of personal
property.
Held

Decision:
Modified to attempted trespass.
* Crime was indeterminate. But what if he said he really intended to rob the store? Or his wife
testifies that he intended to rob the store?
Preparatory act v. act of execution
Immediacy: the capability of observing the act and determining from the act alone what the
intention is.
Before the act of the person in and of themselves establish the intent, you cant appreciate the
intent; you cant anchor intention on anything else other than the act itself. Act should
unequivocally establish the intent to commit the
crime. Intent is deduced from the actions, not the statements.

VALENZUELA VS PEOPLE
Lessons Applicable: frustrated or consummated theft
Laws Applicable: Art. 6
FACTS:
May 19, 1994 4:30 pm: Aristotel Valenzuela and Jovy Calderon were sighted outside the Super
Sale Club, a supermarket within the ShoeMart (SM) complex along North EDSA, by Lorenzo Lago, a
security guard who was then manning his post at the open parking area of the supermarket. Lago
saw Valenzuela, who was wearing an ID with the mark Receiving Dispatching Unit (RDU) who
hauled a push cart with cases of detergent of Tide brand and unloaded them in an open parking
space, where Calderon was waiting. He then returned inside the supermarket and emerged 5
minutes after with more cartons of Tide Ultramatic and again unloaded these boxes to the same area
in the open parking space. Thereafter, he left the parking area and haled a taxi. He boarded the cab
and directed it towards the parking space where Calderon was waiting. Calderon loaded the cartons
of Tide Ultramatic inside the taxi, then boarded the vehicle. As Lago watched, he proceeded to stop
the taxi as it was leaving the open parking area and asked Valenzuela for a receipt of the
merchandise but Valenzuela and Calderon reacted by fleeing on foot. Lago fired a warning shot to
alert his fellow security guards. Valenzuela and Calderon were apprehended at the scene and the
stolen merchandise recovered worth P12,090.
Valenzuela, Calderon and 4 other persons were first brought to the SM security office before they
were transferred to the Baler Station II of the Philippine National Police but only Valenzuela and
Calderon were charged with theft by the Assistant City Prosecutor.
They pleaded not guilty.
Calderons Alibi: On the afternoon of the incident, he was at the Super Sale Club to withdraw
from his ATM account, accompanied by his neighbor, Leoncio Rosulada. As the queue for the ATM
was long, he and Rosulada decided to buy snacks inside the supermarket. While they were eating,
they heard the gunshot fired by Lago, so they went out to check what was transpiring and when
they did, they were suddenly grabbed by a security guard
Valenzuelas Alibi: He is employed as a bundler of GMS Marketing and assigned at the
supermarket. He and his cousin, a Gregorio Valenzuela, had been at the parking lot, walking beside
the nearby BLISS complex and headed to ride a tricycle going to Pag-asa, when they saw the
security guard Lago fire a shot causing evryon to start running. Then they were apprehended by
Lago.
RTC: guilty of consummated theft
CA: Confirmed RTC and rejected his contention that it should only be frustrated theft since at the
time he was apprehended, he was never placed in a position to freely dispose of the articles stolen.
ISSUE: W/N Valenzuela should be guilty of consummated theft.
HELD: YES. petition is DENIED
Article 6 defines those three stages, namely the consummated, frustrated and attempted
felonies.
o A felony is consummated when all the elements necessary for its execution and
accomplishment are present.
o It is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

o It is attempted when the offender commences the commission of a felony directly by overt acts,
and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.
Each felony under the Revised Penal Code has a:
o subjective phase - portion of the acts constituting the crime included between the act which
begins the commission of the crime and the last act performed by the offender which, with prior acts,
should result in the consummated crime
if the offender never passes the subjective phase of the offense, the crime is merely attempted
o objective phase - After that point of subjective phase has been breached
subjective phase is completely passed in case of frustrated crimes
the determination of whether a crime is frustrated or consummated necessitates an initial
concession that all of the acts of execution have been performed by the offender
The determination of whether the felony was produced after all the acts of execution had been
performed hinges on the particular statutory definition of the felony.
actus non facit reum, nisi mens sit rea - ordinarily, evil intent must unite with an unlawful act for
there to be a crime or there can be no crime when the criminal mind is wanting
In crimes mala in se, mens rea has been defined before as a guilty mind, a guilty or wrongful
purpose or criminal intent and essential for criminal liability.
Statutory definition of our mala in se crimes must be able to supply what the mens rea of the
crime is and overt acts that constitute the crime
Article 308 of the Revised Penal Code (Elements of Theft):
1. that there be taking of personal property - only one operative act of execution by the actor
involved in theft
2. property belongs to another
3. taking be done with intent to gain - descriptive circumstances
4. taking be done without the consent of the owner - descriptive circumstances
5. taking be accomplished without the use of violence against or intimidation of persons or force
upon things - descriptive circumstances
Abandoned cases:
o U.S. v. Adiao: failed to get the merchandise out of the Custom House - consummated theft
o Dio: Military Police inspected the truck at the check point and found 3 boxes of army rifles frustrated theft
o Flores: guards discovered that the empty sea van had actually contained other merchandise as
well - consummated theft
o Empelis v. IAC: Fled the scene, dropping the coconuts they had seized - frustrated qualified theft
because petitioners were not able to perform all the acts of execution which should have produced
the felony as a consequence
cannot attribute weight because definition is attempted
The ability of the actor to freely dispose of the articles stolen, even if it were only momentary.
o We are satisfied beyond reasonable doubt that the taking by the petitioner was completed in this
case. With intent to gain, he acquired physical possession of the stolen cases of detergent for a
considerable period of time that he was able to drop these off at a spot in the parking lot, and long
enough to load these onto a taxicab.
Article 308 of the Revised Penal Code, theft cannot have a frustrated stage. Theft can only be
attempted (no unlawful taking) or consummated (there is unlawful taking).

PEOPLE VS ERIA
Facts: Julian Eria charged of raping 3 yrs & 11 mo. old child. Doubt on whether
actual penetration occurred. Physical exam showed slight inflammation of exterior
parts of organ indicating effort to enter vagina. Mom found childs organ covered
with sticky substance
Issue: WON crime is consummated?
Held: No. Frustrated only
1.Possible for mans organ to enter labia of a 3 years and 8 months old child
(Kennedy v. State)
2. No conclusive evidence of penetration so give accused benefit of the doubt.
2.Frustrated. In rape, when all the acts necessary for the penetration have
been performed but penetration failed because of the disparity of the organs of
parties. (People v. Erina, 50 Phil. 998)

PEOPLE VS ORITA
March 20, 1983 Early Morning: Cristina S. Abayan, 19-year old freshman student at the St. Joseph's
College, arrived at her boarding house after her classmates brought her home from a party. She
knocked at the door of her boarding house when a frequent visitor of another boarder held her and
poked a knife to her neck. Despite pleading for her release, he ordered her to go upstairs with him.
Since the door which led to the 1st floor was locked from the inside, they used the back door to the
second floor. With his left arm wrapped around her neck and his right hand poking a "balisong" to
her neck, he dragged her up the stairs. When they reached the second floor, he commanded herwith
the knife poked at her neck, to look for a room. They entered Abayan's room. He then pushed her
hitting her head on the wall. With one hand holding the knife, he undressed himself. He then
ordered her to take off her clothes. Scared, she took off her T-shirt, bra, pants and panty. He
ordered her to lie down on the floor and then mounted her. He made her hold his penis and insert it
in her vagina. Still poked with a knife, she did as told but since she kept moving, only a portion of his
penis entered her. He then laid down on his back and commanded her to mount him. Still only a
small part of his penis was inserted into her vagina. When he had both his hands flat on the floor.
She dashed out to the next room and locked herself in. When he pursued her and climbed the
partition, she ran to another room then another then she jumped out through a window.
Still naked, she darted to the municipal building, 18 meters in front of the boarding house and
knocked on the door. When there was no answer, she ran around the building and knocked on the
back door. When the policemen who were inside the building opened the door, they found her
naked sitting on the stairs crying. Pat. Donceras, took off his jacket and wrapped it around her. Pat.
Donceras and two other policemen rushed to the boarding house where they heard and saw
somebody running away but failed to apprehend him due to darkness. She was taken to Eastern
Samar Provincial Hospital where she was physically examined.
Her vulva had no abrasions or discharges.
RTC: frustrated rape
ISSUE: W/N there is frustrated rape.
HELD: NO. RTC MODIFIED. guilty beyond reasonable doubt of the crime of rape and sentenced to
reclusion perpetua as well as to indemnify the victim in the amount of P30,000
Correlating Art. 335 and Art. 6, there is no debate that the attempted and consummated stages
apply to the crime of rape.
Requisites of a frustrated felony are:
o (1) that the offender has performed all the acts of execution which would produce the felony
o (2) that the felony is not produced due to causes independent of the perpetrator's will
attempted crime the purpose of the offender must be thwarted by a foreign force or agency which
intervenes and compels him to stop prior to the moment when he has performed all of the acts which
should produce the crime as a consequence, which acts it is his intention to perform
o If he has performed all of the acts which should result in the consummation of the crime and
voluntarily desists from proceeding further, it can not be an attempt.
in the crime of rape, from the moment the offender has carnal knowledge of his victim he actually
attains his purpose and, from that moment also all the essential elements of the offense have been
accomplished. Any penetration of the female organ by the male organ is sufficient. Entry of the labia
or lips of the female organ, without rupture of the hymen or laceration of the vagina is sufficient to
warrant conviction. Necessarily, rape is attempted if there is no penetration of the female organ
The fact is that in a prosecution for rape, the accused may be convicted even on the sole basis of

the victim's testimony if credible. Dr. Zamora did not rule out penetration of the genital organ of the
victim.

PEOPLE VS LABIAGA