GR 180425; (July, 2008) (Digest)
G.R. No. 180425 ; July 31, 2008
FELIX RAIT, Petitioner, vs. THE PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
On November 18, 1993, AAA, a 17-year-old minor, was at a store when petitioner Felix Rait and Janiter Pitago arrived. They invited her to drink beer. After she became intoxicated, the two men brought her to a street side. There, they forcibly removed her pants and underwear. Petitioner covered her mouth while Pitago held her feet. Petitioner then forcibly inserted his finger into her vagina. He proceeded to get on top of her and was about to insert his penis when AAA managed to kick both men and escape.
AAA immediately reported the incident to her brother and later to authorities. She underwent a medical examination, and the incident was recorded in the police blotter. Petitioner was charged with Attempted Rape. The Regional Trial Court convicted him, a decision affirmed by the Court of Appeals. Petitioner now seeks a review, arguing his acts constitute at most unjust vexation, not attempted rape.
ISSUE
Whether the acts committed by the petitioner constitute the crime of Attempted Rape or a lesser offense such as Acts of Lasciviousness or Unjust Vexation.
RULING
The Supreme Court affirmed the conviction for Attempted Rape but modified the penalty. The Court held that the factual findings of the lower courts, which found AAA’s testimony credible and established the overt acts beyond reasonable doubt, are binding. The legal issue was the proper classification of the offense based on these proven acts.
The Court rejected the petitioner’s reliance on Baleros, Jr. v. People, which downgraded a conviction to light coercion. The Baleros case involved acts (kissing, embracing, touching breasts) that were deemed not logically connected to the specific intent to have carnal knowledge. In contrast, the overt acts here—forcibly removing AAA’s underwear, inserting a finger into her vagina, and positioning himself on top of her to insert his penis—demonstrated a clear, direct, and logical commencement of the execution of rape. These acts were not merely preparatory but were unmistakably directed towards having carnal knowledge, which was only thwarted by AAA’s successful resistance. Thus, all the elements of Attempted Rape were present. The penalty was modified to an indeterminate sentence of two years, four months, and one day of prision correccional medium, as minimum, to ten years of prision mayor medium, as maximum.