G.R. No. 10715 ; September 25, 1915
THE UNITED STATES, plaintiff-appellee, vs. LUCAS DOROJA, defendant-appellant.

FACTS:
On the night of August 23, 1914, Emilia Calagos, a married woman, was in the barrio of Burabud, Samar. As it was late and she had no companion for her return to the town, she requested the appellant, Lucas Doroja (the chief of police and her neighbor/relative by marriage), and policeman Ildefonso Caber to allow her to accompany them back to the pueblo. They agreed. During the journey, Caber left. While passing a dark, isolated area near the public school, Doroja suddenly seized Calagos, dragged her toward the building, and despite her resistance, forced her to the ground. He got on top of her, covered her mouth, and attempted to have carnal intercourse. Calagos resisted vigorously and managed to shout for help. Doroja’s efforts then relaxed, allowing Calagos to break free and escape, though her camisa was torn and she lost personal items (slippers, an earring, a handkerchief, and money) at the scene.

Immediately after, Calagos reported the incident to the municipal president, showing her torn camisa and disordered hair. Later that night, accompanied by relatives and policeman Caber, she returned to the scene and recovered the lost items (except the money). Doroja denied the accusation, claiming instead that he had raided a gambling den in the same house where Calagos was present and that she was among those arrested. This defense was contradicted by the homeowner’s testimony that no gambling occurred that night and that Calagos had merely asked to accompany Doroja and Caber home.

ISSUE:
Whether the appellant, Lucas Doroja, is guilty beyond reasonable doubt of the crime of attempted rape.

RULING:
Yes, the appellant is guilty of attempted rape. The Court found the testimony of the offended party, Emilia Calagos, to be credible and consistent, corroborated by physical evidence (the torn camisa and recovered lost items) and the prompt reporting of the crime. The defense’s claim of a gambling raid was unsubstantiated and contradicted by other witnesses. The acts of Dorojadragging the victim to an isolated spot, using force to subdue her, and attempting carnal intercourseconstituted attempted rape under Article 438 in relation to Articles 3 and 66 of the Penal Code. The attempt was not consummated due to the victim’s vigorous resistance and cries for help.

The Court noted the presence of two aggravating circumstances: nocturnity and abuse of confidence (the victim trusted Doroja as a relative and authority figure). No mitigating circumstances were present. Accordingly, the penalty was imposed in its maximum degree. The trial court’s judgment sentencing Doroja to four years, two months, and one day of prision correccional, with accessory penalties and costs, was affirmed.