GR 140729; (February, 2002) (Digest)
G.R. Nos. 140729-30; February 15, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ERNESTO QUARRE Y ROA, accused-appellant.
FACTS
Accused-appellant Ernesto Quarre was charged with raping his daughters, Marilou (15) and Laarni (12). On the night of September 2, 1998, while drunk, he threatened his family with a knife, isolated his daughters in a bedroom, and bolted the door. He first sexually assaulted Marilou on a bed, forcing her to undress, kissing her body, and attempting to insert his penis into her vagina while she resisted. He then turned to Laarni, who was on the floor, removed her clothing, and mounted her. He returned to Marilou for another attempt. The acts were interrupted by the arrival of police and barangay officials. The victims testified to a history of abuse, and a prior rape complaint had been filed but was dismissed after the family forgave him.
ISSUE
Whether the crimes committed constitute consummated rape or a lesser offense.
RULING
The Supreme Court modified the conviction from consummated rape to attempted rape. The legal logic hinges on the definition of the crime’s consummation. For rape under Article 266-A of the Revised Penal Code, the crime is consummated only upon the slightest penetration of the female organ by the male organ. The Court meticulously examined the victims’ testimonies. Marilou consistently stated that her father tried to insert his penis but she resisted, and she only felt him press his organ against hers and felt pain. Laarni likewise testified to feeling his organ pressed against hers but did not testify to any penetration. The Court found no clear, categorical evidence that penetration, however slight, was achieved. The prosecution failed to prove this essential element beyond reasonable doubt. Consequently, the acts performed—overt acts of execution like mounting, kissing, and pressing—did not culminate in the consummated crime but clearly manifested a direct attempt to commit it. The accused’s intent to rape was unmistakable, and his acts were not merely preparatory. Therefore, the proper conviction is for the felony of attempted rape, not consummated rape, leading to a reduction in the penalty and corresponding civil liabilities.