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    People v. Caoili

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    Nico Nuñez
    The document discusses a case where a man was charged with rape through sexual intercourse but was found guilty of rape by sexual assault. The Supreme Court ruled that rape by sexual assault is not necessarily included in rape by sexual intercourse, due to material differences between the two crimes. Specifically, the gender of the offender and offended party and the acts constituting the crimes are different between the two modes of rape.

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    People v. Caoili

    Uploaded by

    Nico Nuñez
    15 views1 page
    The document discusses a case where a man was charged with rape through sexual intercourse but was found guilty of rape by sexual assault. The Supreme Court ruled that rape by sexual assault is not necessarily included in rape by sexual intercourse, due to material differences between the two crimes. Specifically, the gender of the offender and offended party and the acts constituting the crimes are different between the two modes of rape.

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    The document discusses a case where a man was charged with rape through sexual intercourse but was found guilty of rape by sexual assault. The Supreme Court ruled that rape by sexual assault is not necessarily included in rape by sexual intercourse, due to material differences between the two crimes. Specifically, the gender of the offender and offended party and the acts constituting the crimes are different between the two modes of rape.

    Copyright:

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

    People v. Caoili

    Uploaded by

    Nico Nuñez
    The document discusses a case where a man was charged with rape through sexual intercourse but was found guilty of rape by sexual assault. The Supreme Court ruled that rape by sexual assault is not necessarily included in rape by sexual intercourse, due to material differences between the two crimes. Specifically, the gender of the offender and offended party and the acts constituting the crimes are different between the two modes of rape.

    Copyright:

    © All Rights Reserved
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    PEOPLE v.

    CAOILI (rape by sexual intercourse): (1) the offender is always a man; (2) the
    G.R. No. 196342 ; 8 August 2017 offended party is always a woman; (3) rape is committed through penile
    penetration of the vagina; and (4) the penalty is reclusion perpetua. In the
    Topic: Preliminary Chapter second mode (rape by sexual assault): (1) the offender may be a man or a
    Petitioner: Rollie Calimutan woman; (2) the offended party may be a man or a woman; (3) rape is
    Respondent: People of the Philippines committed by inserting the penis into another person’s mouth or anal
    Ponente: Tijam, J. orifice, or any instrument or object into the genital or anal orifice of another
    person; and (4) the penalty is prision mayor. In view of the material
    FACTS: differences between the two modes of rape, the first mode is not
    Caoili kissed AAA, her daughter, who was 15 years of age, touched and necessarily included in the second, and vice-versa. Hence, Caoili can be held
    mashed her breast, inserted the fourth finger of his left hand into her guilty of the lesser crime of acts of lasciviousness performed on a child, i.e.,
    vagina, and made a push and pull movement into her vagina with such lascivious conduct under Section 5(b) of R.A. No. 7610, which was the
    finger for 30 minutes. AAA felt excruciating pain during and after the ordeal. offense proved, because it is included in rape, the offense charged.
    An Information was filed against Caoili, charging him with the crime of rape
    through sexual intercourse in violation of Article 266-A, in relation to Article
    266-B, of the RPC as amended by R.A. No. 8353, and R.A. No. 7610. The trial
    court however, found Caoili guilty of the crime of rape by sexual assault.

    The CA held that although Caoili is clearly guilty of rape by sexual assault,
    what the trial court should have done was to direct the State Prosecutor to
    file a new Information charging the proper offense, and after compliance
    therewith, to dismiss the original Information. However, the OSG
    maintained that based on the variance doctrine, Caoili can be convicted of
    rape by sexual assault because this offense is necessarily included in the
    crime of rape through sexual intercourse. The variance doctrine, which
    allows the conviction of an accused for a crime proved which is different
    from but necessarily included in the crime charged, is embodied in Section
    4, in relation to Section 5 of Rule 120 of the Rules of Court.

    ISSUE:
    Is rape by sexual assault necessarily included in rape by sexual intercourse?

    RULING:

    No, rape by sexual assault necessarily is not included in rape by sexual


    intercourse. By jurisprudence, an accused charged in the Information with
    rape by sexual intercourse cannot be found guilty of rape by sexual assault,
    even though the latter crime was proven during trial. This is due to the
    substantial distinctions between these two modes of rape. In the first mode

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