Case Digest (G.R. No. 149420)
Facts:
In The People of the Philippines vs. Ceilito Orita alias “Lito”, G.R. No. 88724, decided on April 3, 1990 under the 1987 Constitution, the accused, a Philippine Constabulary soldier, was arraigned for rape in the Regional Trial Court of Borongan, Eastern Samar. On March 20, 1983 at about 1:30 AM, Cristina S. Abayan, a 19-year-old college freshman, returned alone to her boarding house on Victoria Street. The accused, armed with a Batangas knife, accosted her at the door, dragged her upstairs at knifepoint, forced her to undress and partially penetrate her vagina with his penis despite threats and intimidation. The victim managed to flee naked through a window, ran to the municipal building where policemen found her in shock, and she was brought to the provincial hospital. Medical findings included hematoma on the neck, abrasions on breasts and knees, erythema around the vaginal orifice and a tight vaginal canal; the hymen remained intact. At trial, the prosecution’s witnesses tesCase Digest (G.R. No. 149420)
Facts:
- Antecedent Events
- On March 20, 1983 at about 1:30 AM inside a boarding house in Borongan, Eastern Samar, appellant Ceilito Orita, a PC soldier, armed himself with a Batangas knife, threatened and forcibly dragged 19-year-old boarder Cristina S. Abayan upstairs via a back door.
- In her room, with knife pressed to her neck, he undressed both of them and ordered her to remove her clothes.
- He partially inserted his penis into her vagina in two positions while maintaining physical control and threats.
- The victim escaped by running through adjacent rooms, scaling partitions, jumping from an approximately eight-meter height, and then, naked and in shock, sought help at the municipal building.
- Patrolmen Donceras and two others found her naked on the stairs, wrapped her in a jacket, pursued the suspect (who escaped), and brought the victim to Eastern Samar Provincial Hospital.
- Medical Certificate by Dr. Ma. Luisa Abude (Exh. “A”): circumscribed hematoma on anterior neck; linear abrasions below left breast; multiple pinpoint marks on back; abrasions on both knees; vulva erythematous and tender; intact hymen; no vaginal lacerations; tight vaginal canal with difficulty inserting examining finger.
- Procedural History
- RTC, Branch II, Borongan: convicted appellant of frustrated rape (Art. 335, RPC), sentenced to 10½ to 12 years prision mayor, indemnity ₱4,000.00.
- Court of Appeals (Dec. 29, 1988): modified RTC decision, found appellant guilty of consummated rape, sentenced to reclusion perpetua, indemnity ₱30,000.00.
- On January 11, 1989, CA set aside its decision and forwarded the case to the Supreme Court under BP 129 §9(3) and Judiciary Act §17(3)(1).
Issues:
- Whether the trial court erred in disregarding alleged substantial inconsistencies in the testimonies of the victim and Patrolman Donceras.
- Whether, under the evidence, the proper crime is frustrated rape or consummated rape, given partial penetration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)