Scribd
Upload
197 views1 page

People Vs Abanilla

The document discusses a court case involving Florencio Abanilla who was accused of raping his 17-year old daughter Lorena on three occasions. The court found Abanilla guilty of three counts of rape. However, the Supreme Court examined the first alleged rape incident more closely. They determined that for the first incident, while Abanilla touched Lorena's private parts and rubbed his penis against her, there was no penetration or entry into the labia. Therefore, Abanilla was not guilty of attempted rape for the first incident, but was instead guilty of the lesser crime of acts of lasciviousness, as penetration is required for rape or attempted rape. The Supreme Court modified the trial court's decision

Uploaded by

TaJheng Barde
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
197 views1 page

People Vs Abanilla

The document discusses a court case involving Florencio Abanilla who was accused of raping his 17-year old daughter Lorena on three occasions. The court found Abanilla guilty of three counts of rape. However, the Supreme Court examined the first alleged rape incident more closely. They determined that for the first incident, while Abanilla touched Lorena's private parts and rubbed his penis against her, there was no penetration or entry into the labia. Therefore, Abanilla was not guilty of attempted rape for the first incident, but was instead guilty of the lesser crime of acts of lasciviousness, as penetration is required for rape or attempted rape. The Supreme Court modified the trial court's decision

Uploaded by

TaJheng Barde
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

TOPIC: ATTEMPTED RAPE VS.

ACTS OF LASCIVIOUSNESS

(36-ALL) People VS. Abanilla


G.R. Nos. 148673-75, October 17, 2003

FACTS:
A consolidated decision was rendered by the Regional Trial Court of Batangas City, in Criminal Cases Nos. 10857, 10858
and 10859, finding appellant Florencio Abanilla y Rivera guilty beyond reasonable doubt of three counts of rape
committed against his 17-year old daughter, Lorena Abanilla y Arellano, which resulted in the latter’s pregnancy. The
complainant Lorena testified on three alleged rape incidents. The first was said to have occurred during the month of
June 1999, where Abanilla touched Lorena’s private part and rubbed his organ unto her until ejaculation. The second
and the third rape incidents purportedly occurred on the second and last weeks of October 1999, respectively where
Abanilla was able to insert his penis into Lorena’s vagina. All three incidents were committed by means of force, threat
or intimidation.
Appellant denied raping his daughter, but the sole evidence he presented was his own testimony denying the
complainant’s accusations against him.
Considering that appellant’s conviction was chiefly due to the complainant’s testimony, the Court is obliged to examine
thoroughly the veracity of such testimony to ensure that it meets the required quantum of proof beyond reasonable
doubt necessary to overturn the constitutional presumption of innocence.

ISSUE:
Whether or not the appellant Abanilla is guilty of attempted rape in the first rape incident.

RULING:
No, the appellant Abanilla is not guilty of attempted rape in the first rape incident.
Jurisprudence dictates that the labia majora must be entered for rape to be consummated, and not merely for the penis
to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis
of the pudendum is not sufficient to constitute consummated rape. Absent any showing of the slightest penetration of
the female organ, i.e., touching of either labia of the pudendum by the penis, there can be no consummated rape.
Without the penetration, the crime committed is either attempted rape or acts of lasciviousness.
Based on the complainant’s testimonies as regards the FIRST INCIDENT, the SC opined that nothing prevented appellant
from consummating the act and it would seem that he was already contended with rubbing his penis against the
complainant without actually inserting it into her private part. Thus, appellant cannot be convicted of attempted rape
but only of acts of lasciviousness.
Therefore, the assailed decision of the RTC is MODIFIED, and appellant is ACQUITTED of the charge of rape for the first
rape case, but is CONVICTED of the crime of acts of lasciviousness.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy