G.R. No. L‑3570
United States v. Eligio C. Garcia (Dec. 23, 1907)

FACTS:
– On 4 May 1906, married woman Maria Amparo was awakened in her Mindoro home to find a man straddling her; she resisted, cried for her mother‑in‑law Maria Manalo, and was partially thrown down.
– The mother‑in‑law seized the assailant, who fled, leaving his hat on the mat.
– Witnesses (the victim, the mother‑in‑law, and neighbor Mariano Madrigal) identified the fleeing man as Eligio Cruz Garcia.
– The Provincial Fiscal charged Garcia with attempted rape (Art. 438, in relation to Arts 3(3) & 66, Penal Code).
– The Justice of the Peace sentenced him to 6 months + 1 day prisión correccional and costs.
– Garcia appealed, denying the charges and presenting an alibi and testimony of two policemen who claimed they could not recognize the perpetrator.

ISSUE:
Whether the evidence establishes Garcia’s guilt for attempted rape and, if so, what is the proper penalty under the Penal Code, considering aggravating and mitigating circumstances.

RULING:
– The Court found the victim’s and mother‑in‑law’s testimonies, corroborated by the neighbor, decisive; the hat left at the scene further linked Garcia.
– The alleged alibi and policemen’s statements were deemed insufficient to overcome the direct eyewitness evidence.
– Conviction for attempted rape was affirmed.
– Applying Art. 11 (mitigating) and the aggravating factor of night‑time assault, the penalty was set at the medium degree of prisión correccional: three (3) years, with accessory penalties under Art. 61 and costs of both instances.
– The dissenting opinion (J. Carson) argued reasonable doubt on identity and intent, but was not adopted.