GR L 3702; (November, 1907) (Digest)
G.R. No. L‑3702, November 29, 1907
FACTS
– On the morning of 29 June 1905, Maxima Hipolito was alone at her house in Pulilan, Bulacan.
– While bathing, Escolastico de la Cruz, improperly dressed, approached her. She fled, fell, and he seized her, attempted to kiss, lay her on her back, and raise her skirt.
– Maxima’s cries were heard by three women (Dominga Hipolito, Lucrecia Fajardo, Estefania Garcia) who intervened, causing the assailant to desist and flee.
– Several neighbors (Juan Ramos, Felix de la Cruz, Victoriano Ramos, Gregorio San Pedro) witnessed the episode but offered no assistance; they later denied having seen the assault.
– The victim’s testimony and that of the three intervening women were proven. The prosecution proved the elements of attempted rape under Art. 438 in relation to Art. 66 of the Penal Code.
ISSUE
Whether the evidence establishes the guilt of Escolastico de la Cruz for the crime of attempted rape, and whether the lower court’s conviction and sentence are valid under Philippine criminal procedural law (including the applicability of Sec. 133 of the Civil Procedure Code and the role of the fiscal).
RULING
– The Supreme Court affirmed the conviction. The acts of the accused constitute attempted rape: he began the execution of the crime, but the consummation was prevented by the sudden appearance of witnesses, not by his own volition.
– The lower court’s factual findings were properly examined; Sec. 133 of the Code of Civil Procedure does not govern criminal appellate review, thus the evidence was duly considered.
– The fiscal’s participation in the prosecution is mandated by Art. 448, ¶ 2 of the Penal Code.
– The sentence of three (3) years prision correccional and the imposition of accessory penalties under Art. 61 of the Penal Code were upheld. The ordered indemnity to the victim was remitted, and the costs of this instance were imposed on the accused.
Disposition: Judgment of the Court of First Instance affirmed; conviction and sentence sustained; indemnity remitted; accessory penalties and costs imposed.