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    Baleros V People

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    Cedrick
    Renato Baleros was accused of attempted rape of Martina Albano. The court found that while Baleros placed himself on top of Albano and pressed a chloroformed handkerchief to her face, attempting to subdue her, this did not constitute an overt act of rape under Philippine law. To be an overt act indicating intent to commit rape, there must be a physical act that would lead directly to intercourse if not interrupted. As Baleros did not attempt to undress or touch Albano sexually, his acts did not demonstrate clear intent to commit rape nor constitute an overt act under the law. The court acquitted Baleros of attempted rape but found him guilty of light coercion.

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    Baleros V People

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    Cedrick
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    Renato Baleros was accused of attempted rape of Martina Albano. The court found that while Baleros placed himself on top of Albano and pressed a chloroformed handkerchief to her face, attempting to subdue her, this did not constitute an overt act of rape under Philippine law. To be an overt act indicating intent to commit rape, there must be a physical act that would lead directly to intercourse if not interrupted. As Baleros did not attempt to undress or touch Albano sexually, his acts did not demonstrate clear intent to commit rape nor constitute an overt act under the law. The court acquitted Baleros of attempted rape but found him guilty of light coercion.

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    Baleros v People

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    Renato Baleros was accused of attempted rape of Martina Albano. The court found that while Baleros placed himself on top of Albano and pressed a chloroformed handkerchief to her face, attempting to subdue her, this did not constitute an overt act of rape under Philippine law. To be an overt act indicating intent to commit rape, there must be a physical act that would lead directly to intercourse if not interrupted. As Baleros did not attempt to undress or touch Albano sexually, his acts did not demonstrate clear intent to commit rape nor constitute an overt act under the law. The court acquitted Baleros of attempted rape but found him guilty of light coercion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    91 views2 pages

    Baleros V People

    Uploaded by

    Cedrick
    Renato Baleros was accused of attempted rape of Martina Albano. The court found that while Baleros placed himself on top of Albano and pressed a chloroformed handkerchief to her face, attempting to subdue her, this did not constitute an overt act of rape under Philippine law. To be an overt act indicating intent to commit rape, there must be a physical act that would lead directly to intercourse if not interrupted. As Baleros did not attempt to undress or touch Albano sexually, his acts did not demonstrate clear intent to commit rape nor constitute an overt act under the law. The court acquitted Baleros of attempted rape but found him guilty of light coercion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Doctrine: 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.
    FACTS: In early morning of December 1991, Renato Baleros went to the
    dormitory room of Martina Lourdes T. Albano (Malou), palced himselp on top
    of her, and pressed a hankerchief soaked in chloroform. Malou struggled to
    free herself in the hands of Baleros and succeeded by grabbing his sexual
    organ and squeezing it.
    Malou went straight to Marvilou and said “”may pumasok sa kuarto ko
    pinagtangkaan ako”.

    The morning after, the police said to the tenants of the dormitory to grab the
    things that are theirs. The room was left with an unclaimed bag which
    Christian, one of the tenants, knew right away that was Renato’s. Among the
    contents of the bag was a hankerchief with a volatile substance.

    They later found out that Renato was a suitor of Malou which she rejected a
    week ago.

    RTC found Renato guilty of attempted rape. CA further affirmed the decision.

    ISSUE: WON Renato is guilty of attempted rape.


    RULING: NO. Under Article 335 of the Revised Penal Code, rape is
    committed by a man who has carnal knowledge or intercourse with a woman
    under any of the following circumstances: (1) By using force or intimidation;
    (2) When the woman is deprived of reason or otherwise unconscious; and (3)
    When the woman is under twelve years of age or is demented. Under Article
    6, in relation to the aforementioned article of the same code, rape is attempted
    when the offender commences the commission of rape directly by overt acts
    and 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 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.
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    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.

    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.

    Assailed decision was REVERSED and SET ASIDE and a new one entered
    ACQUITTING petitioner Renato D. Baleros, Jr. of the charge for attempted
    rape. Petitioner, however, is adjudged GUILTY of light coercion and is
    accordingly sentenced to 30 days of arresto menor and to pay a fine
    of P200.00, with the accessory penalties thereof and to pay the costs.

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