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G.R. No. 88724

I have considered the benefits that my son/daughter will derive from his/her participation in this activity and will not hold the school responsible for any out of school incident that may happen beyond their control, provided due care and precaution will be observed to ensure the comfort and safety of my son/daughter. The following is the schedule of the students coming to school.

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91 views1 page

G.R. No. 88724

I have considered the benefits that my son/daughter will derive from his/her participation in this activity and will not hold the school responsible for any out of school incident that may happen beyond their control, provided due care and precaution will be observed to ensure the comfort and safety of my son/daughter. The following is the schedule of the students coming to school.

Uploaded by

xylynn myka cabanatan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

88724 April 3, 1990


THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.CEILITO ORITA alias "Lito," defendantappellant.
FACTS:
 Cristina Abayan (Abayan), the complainant, was a freshman student. While Ceilito Orita (Lito)
was a Philippine Constabulary soldier.
 Abayan on March 20, 1983 arrived at her boarding house, when suddenly, somebody held her
and poked a knife to her neck. She recognized Lito who was a frequent visitor of another
boarder.
 Lito ordered her to go upstairs with him, with his left arm wrapped around her neck and his right
hand poking a “balisong” to her neck. When they reached the second floor, he commanded her
to look for a room.
 Upon entering the room, Lito pushed Abayan who hit her head on the wall. With one hand
holding the knife, Lito undressed himself and ordered Abayan to take off her clothes. Scared,
she took off her t-shirt and pulled off her bra, pants and panty.
 Lito ordered her to lie down on the floor and then mounted her. He made her hold his penis and
insert it in her vagina. She followed his orders as he continued to poke the knife to her. At said position,
however, appellant could not fully penetrate her. Only a portion of his penis entered her as she kept on
moving.
 Lito then laid down on his back and commanded her to mount him. In this position, only a small
part again of his penis was inserted into her vagina. At this stage, appellant had both his hands
flat on the floor. Thus Abayan thought of escaping.
 Abayan dashed out to the other rooms but was consequently chased by Lito. Still naked, she
darted to the municipal building. When the policemen opened the door, they found the
complainant naked sitting on the stairs crying. Pat. Donceras was the first policeman to see her.
 Afterward, the complainant was brought to Eastern Samar Provincial Hospital where she was
examined.
ISSUE:
 Whether or not the crime committed was consummated rape.
RULING:
 The Court of Appeals set the uniform rule that for the consummation of rape, perfect
penetration is not essential. Any penetration of the female organ by the male organ is sufficient.
Entry of the labia or lips of the female organ, without rupture of the hymen or laceration of the
vagina is sufficient to warrant conviction in the crime of rape. from the moment the offender
has carnal knowledge of his victim, he actually attains his purpose and, from that moment also
all the essential elements of the offense have been accomplished. Nothing more is left to be
done by the offender, because he has performed the last act necessary to produce the crime.
Thus, the felony is consummated.
FALLO:
 The trial court’s judgement is modified, and the appellant found guilty of the crime of rape, and
consequently, sentenced to suffer imprisonment of reclusion Perpetua and to indemnify the
victim in the amount of P30,000.

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