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    Balero VS People

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    memory furika
    Petitioner entered Malou's room through the window while she slept and pressed a chemical-soaked cloth over her mouth to subdue her. Malou struggled and was able to free her hand, then grabbed petitioner's genitals in defense. Petitioner fled without completing the act. The court found petitioner not guilty of attempted rape, as pressing the cloth did not constitute an overt act that would necessarily lead to rape, and petitioner made no attempt to undress or touch Malou privately. His intentions for subduing her could not be clearly determined from his actions alone.

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    Balero VS People

    Uploaded by

    memory furika
    40 views1 page
    Petitioner entered Malou's room through the window while she slept and pressed a chemical-soaked cloth over her mouth to subdue her. Malou struggled and was able to free her hand, then grabbed petitioner's genitals in defense. Petitioner fled without completing the act. The court found petitioner not guilty of attempted rape, as pressing the cloth did not constitute an overt act that would necessarily lead to rape, and petitioner made no attempt to undress or touch Malou privately. His intentions for subduing her could not be clearly determined from his actions alone.

    Original Title

    99. BALERO VS PEOPLE

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    Petitioner entered Malou's room through the window while she slept and pressed a chemical-soaked cloth over her mouth to subdue her. Malou struggled and was able to free her hand, then grabbed petitioner's genitals in defense. Petitioner fled without completing the act. The court found petitioner not guilty of attempted rape, as pressing the cloth did not constitute an overt act that would necessarily lead to rape, and petitioner made no attempt to undress or touch Malou privately. His intentions for subduing her could not be clearly determined from his actions alone.

    Copyright:

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

    Balero VS People

    Uploaded by

    memory furika
    Petitioner entered Malou's room through the window while she slept and pressed a chemical-soaked cloth over her mouth to subdue her. Malou struggled and was able to free her hand, then grabbed petitioner's genitals in defense. Petitioner fled without completing the act. The court found petitioner not guilty of attempted rape, as pressing the cloth did not constitute an overt act that would necessarily lead to rape, and petitioner made no attempt to undress or touch Malou privately. His intentions for subduing her could not be clearly determined from his actions alone.

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    © All Rights Reserved
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    BALERO V.

    PEOPLE

    G.R. NO. 138033

    FEBRUARY 22, 2006

    FACTS:

    One evening, inside her room, Malou retired at around 10:30. Outside, right in front of her bedroom
    door, her maid slept on a folding bed. Early morning of the following day, petitioner, clad in t-shirt and
    shorts, entered the room of Malou through its window. Once inside, he approached Malou and tightly
    pressed on her face a piece of cloth soaked with chemical and. at the same time, pinned her down on
    the bed. She was awakened thereby and she struggled but could not move.

    She wanted to scream for help but the hands covering her mouth with cloth wet with chemicals were
    very tight. Still, Malou continued fighting off her attacker by kicking him until at last her right hand got
    free. With this, the opportunity presented itself when she was able to grab hold of his sex organ which
    she then squeezed. Petitioner let her go and escaped while Malou went straight to the bedroom door
    and roused her maid.

    ISSUE:

    Is petitioner guilty of attempted rape?

    HELD:

    No, he is not. There is absolutely no dispute about the absence of sexual intercourse or carnal
    knowledge in the present case. The next question that thus comes to the fore is whether or not the act
    of the petitioner, i.e., the pressing of a chemical-soaked cloth while on top of Malou, constitutes an
    overt act of rape.

    Overt or external act has been defined as some physical activity or deed, indicating the intention to
    commit a particular crime, more than a mere planning or preparation, which if carried out to its
    complete termination following its natural course, without being frustrated by external obstacles nor by
    the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

    Harmonizing the above definition to the facts of this case, it would be too strained to construe
    petitioner's act of pressing a chemical-soaked cloth in the mouth of Malou which would induce her to
    sleep as an overt act that will logically and necessarily ripen into rape. As it were, petitioner did not
    commence at all the performance of any act indicative of an intent or attempt to rape Malou. It cannot
    be overemphasized that petitioner was fully clothed and that there was no attempt on his part to
    undress Malou, let alone touch her private part. For what reason petitioner wanted the complainant
    unconscious, if that was really his immediate intention, is anybody’s guess.

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