Case Summary (G.R. No. 217722)
Petitioner
Renato D. Baleros, Jr., charged with attempted rape under Criminal Case No. 91-101642 before the RTC of Manila, Branch 2.
Respondent
People of the Philippines.
Key Dates and Procedural History
December 12–13, 1991: Alleged attempted rape in Room 307, Celestial Marie Building.
December 17, 1991: Information for attempted rape filed.
February 5, 1992: Arraignment; “Not Guilty” plea.
December 14, 1994: RTC conviction for attempted rape; sentence of 4 years, 2 months & 1 day to 10 years prision mayor plus damages.
January 13, 1999: CA decision affirmed RTC.
March 31, 1999: CA denied motion for reconsideration.
February 22, 2006: SC decision on petition for review.
Applicable Law
1987 Philippine Constitution (presumption of innocence, right to information of charges).
Revised Penal Code:
• Article 335 on rape;
• Article 6 on attempt;
• Article 287 (2nd paragraph) on light coercion.
Rules of Court, Rule 133, Section 4 (circumstantial evidence).
Prosecution’s Evidence
• Malou’s testimony: awakened by chemical-soaked cloth pressed on face, felt attacker’s cotton shirt and satin-smooth shorts, struggled, squeezed attacker’s organ, escaped.
• Security log: Baleros admitted at 1:30 A.M. in black Adidas shorts and fraternity T-shirt.
• Witnesses (Joseph, Montes, others): corroborated Baleros’s 1:30 A.M. arrival, attire, entry without proper authorization.
• Discovery in Room 310: gray bag containing black Adidas satin shorts, white fraternity T-shirt, chemical-stained handkerchief. Christian Alcala and Renato Alagadan positively identified these as Baleros’s.
• PNP laboratory report: handkerchief and Malou’s nightdress positive for chloroform.
Defense’s Evidence
• Petitioner’s alibi: attended fraternity party in Greenhills, dunked in pool, changed into barong and t-shirt at host’s house, returned to Celestial Marie only to sleep in Room 306; clothes and bag left earlier in Room 306.
• Fraternity brothers (Leonardo, Chan) and Montes confirmed his attire and movements.
• Forensic demonstration (Vargas): chloroform evaporates in 30 seconds without staining.
• Petitioner denied any sexual advances, presence of black shorts in bag, or intent to harm Malou.
Issue
Whether the CA erred in affirming RTC’s conviction for attempted rape based on circumstantial evidence and whether proof of the overt act of rape was sufficient.
Circumstantial Evidence and Positive Identification
– Direct eyewitness to assault absent; identity based on last-seen circumstances and physical evidence chain.
– Requirements under Rule 133, Sec. 4: multiple proven facts forming an unbroken chain leading to moral certainty.
– SC characterized identification of Baleros via attire, timing, and recovered garments as part of admissible circumstantial proof.
Overt Act Requirement for Attempted Rape
– Attempted rape demands commencement of carnal penetration (Art. 335, Art. 6 RPC).
– SC jurisprudence (People v. Lamahang; Perez v. CA; People v. Pancho): overt acts must be the d
Case Syllabus (G.R. No. 217722)
Procedural History
- Petition for review on certiorari filed by Renato Baleros, Jr. before the Supreme Court, assailing the January 13, 1999 Decision and March 31, 1999 Resolution of the Court of Appeals in CA-G.R. CR No. 17271.
- CA affirmed the conviction by the Regional Trial Court of Manila, Branch 2, in Criminal Case No. 91-101642 for attempted rape.
- Petitioner moved for reconsideration before the CA; motion was denied.
- Supreme Court took up the case on the question of whether the CA erred in affirming petitioner’s conviction.
Facts Established by Prosecution
- On December 13, 1991 at about 1:50 AM, Martina Lourdes T. Albano (“Malou”) was asleep in Room 307 of Celestial Marie Building, Manila; her maid lay outside her door.
- An intruder pressed a cloth soaked in a dizzying chemical against Malou’s face, pinned her down by lying on top of her, and attempted carnal knowledge.
- Malou struggled, freed her right hand, squeezed the attacker’s genitalia, and raised an alarm to her maid and security guard.
- The assailant fled through an ungrilled window leading to Room 306.
- Malou described her attacker’s clothing as a cotton upper garment and smooth, satin‐like shorts.
- Security guard Ferolin admitted petitioner, wearing a white T-shirt marked “TM I AA34 1946 UST Medicine and Surgery” and black Adidas shorts, to Celestial Marie Building at about 1:30 AM.
- Classmate Joseph Bernard Africa corroborated the time and attire upon letting petitioner into Room 306.
- A gray cloth bag left in Room 310 contained a white fraternity T-shirt, black Adidas shorts, and a chemical-stained handkerchief, all identified by roommates as petitioner’s.
- Forensic PNP Crime Laboratory report (Chemistry Report No. C-487-91) found chloroform on the handkerchief and on Malou’s nightdress; other items were insuf