G.R. No. 152589 & 152758; January 31, 2005
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO MENDOZA Y BUTONES, accused-appellant.

FACTS

This case involves a Motion for Reconsideration of the Court’s Decision dated October 24, 2003. In that Decision, the Court modified the trial court’s ruling in Crim. Case No. 6636-G, finding accused-appellant Antonio Mendoza guilty only of attempted rape instead of consummated rape. However, the Court affirmed his conviction for consummated incestuous rape in Crim. Case No. 6637-G and upheld the death penalty. For the attempted rape charge, the facts established that on the night of March 18, 1998, Mendoza, taking advantage of his wife’s absence, removed the clothing of his daughter, placed himself naked on top of her while she was also naked, kissed her, touched her breasts, and then rendered her unconscious by boxing her stomach. The victim regained consciousness and saw blood on her thigh coming from her vagina.

ISSUE

The core issue for reconsideration is whether the acts proven in Crim. Case No. 6636-G constitute attempted rape or merely acts of lasciviousness.

RULING

The Court denied the Motion for Reconsideration and affirmed the conviction for attempted rape. The legal logic hinges on the distinction between attempted rape and acts of lasciviousness under Article 336 of the Revised Penal Code. While both crimes share a similar nature, the fundamental difference lies in the presence of intent to have carnal knowledge. For attempted rape, the offender must have commenced the commission directly by overt acts but did not perform all acts of execution due to a cause other than his own spontaneous desistance. Here, Mendoza’s series of acts—stripping his daughter, positioning himself naked on top of her, kissing her, and touching her breasts—constituted direct overt acts moving toward carnal knowledge. These were not merely lewd acts but demonstrated a clear intent to lie with the victim. The non-consummation was due to the victim losing consciousness from being boxed, not due to Mendoza’s own desistance. Therefore, all elements of attempted rape were present, surpassing the scope of acts of lasciviousness. The Court found the victim’s testimony credible and consistent on the material points, and minor inconsistencies did not weaken her account of the traumatic event.