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    People v. Orita, 184 SCRA 105 (1990) Digest

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    Christian Sicat
    1) The accused used a balisong knife to threaten a college student, Cristina Abayan, after she returned home from a party. He dragged her inside and up the stairs while holding the knife to her neck. 2) He ordered her to lie down and mounted her, still holding the knife. He asked her to touch and insert his penis in her vagina. She complied but he could not fully penetrate. 3) When the accused's hands were on the floor, Cristina escaped naked. She ran to a nearby municipal building and alerted the police, who saw her crying and naked. They went to her boarding house but failed to catch the accused. 4) The RTC convicted

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    People v. Orita, 184 SCRA 105 (1990) Digest

    Uploaded by

    Christian Sicat
    518 views1 page
    1) The accused used a balisong knife to threaten a college student, Cristina Abayan, after she returned home from a party. He dragged her inside and up the stairs while holding the knife to her neck. 2) He ordered her to lie down and mounted her, still holding the knife. He asked her to touch and insert his penis in her vagina. She complied but he could not fully penetrate. 3) When the accused's hands were on the floor, Cristina escaped naked. She ran to a nearby municipal building and alerted the police, who saw her crying and naked. They went to her boarding house but failed to catch the accused. 4) The RTC convicted

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    Case Digest

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    People v. Orita, 184 SCRA 105 (1990)Digest

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    1) The accused used a balisong knife to threaten a college student, Cristina Abayan, after she returned home from a party. He dragged her inside and up the stairs while holding the knife to her neck. 2) He ordered her to lie down and mounted her, still holding the knife. He asked her to touch and insert his penis in her vagina. She complied but he could not fully penetrate. 3) When the accused's hands were on the floor, Cristina escaped naked. She ran to a nearby municipal building and alerted the police, who saw her crying and naked. They went to her boarding house but failed to catch the accused. 4) The RTC convicted

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    518 views1 page

    People v. Orita, 184 SCRA 105 (1990) Digest

    Uploaded by

    Christian Sicat
    1) The accused used a balisong knife to threaten a college student, Cristina Abayan, after she returned home from a party. He dragged her inside and up the stairs while holding the knife to her neck. 2) He ordered her to lie down and mounted her, still holding the knife. He asked her to touch and insert his penis in her vagina. She complied but he could not fully penetrate. 3) When the accused's hands were on the floor, Cristina escaped naked. She ran to a nearby municipal building and alerted the police, who saw her crying and naked. They went to her boarding house but failed to catch the accused. 4) The RTC convicted

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    of 1

    People vs Orita

    G.R. No. 88724 / 184 SCRA 505


    April 3, 1990
    Facts:
    The accused poke a “balisong” to college freshman Cristina Abayan as soon as
    she got into her boarding house early morning after arriving from a party. Cristina
    was dragged inside the house up the stairs while his left arm wrapped around her
    neck, and his right hand poking the Batangas knife to her neck. He ordered her to
    lie down on the floor and then mounted her. He asked her to hold his penis and
    insert it in her vagina, while still poking the knife to her. She followed, but the
    appellant could not fully penetrate her in such a position. Next, he laid down on
    his back and commanded her to mount him, but he cannot fully penetrate her. When
    the accused’s hands we both flat on the floor, complainant escaped naked. She ran
    from room to room as appellant pursued her. She went to the municipal building
    nearby and knocked on the back door for there was no answer. When the door opened,
    the policemen inside the building saw her crying and naked. She was given a jacket
    for covering by the first policeman who saw her. The policemen dashed to her
    boarding house but failed to apprehend the accused.

    The RTC convicted the accused of frustrated rape.


    Issue:
    Whether or not the crime committed is frustrated rape.
    Ruling:
    No. 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. Nothing more is left to
    be done by the offender, because he has performed the last act necessary to produce
    the crime. Thus, the felony is consummated. [Art. 266 and Art. 6] We have set the
    uniform rule that for the consummation of rape, perfect penetration is not
    essential. 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.

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