Norberto Cruz y Bartolome v. People of external genitalia of the female.

There must
the Philippines be sufficient and convincing proof that the
G.R. No. 166441, October 8, 2014 penis indeed touched the labias or slid into
Bersamin, J.: the female organ, and not merely stroked the
external surface thereof, for an accused to be
FACTS:
convicted of consummated rape.
The petitioner Norberto Cruz was charged
with attempted rape and acts of Rape in its frustrated stage is a physical
lasciviousness involving different victims. impossibility. Nonetheless, rape admits of an
The Regional Trial Court and the Court of attempted stage. In attempted rape, the
Appeals found Cruz guilty of both crimes concrete felony is rape, but the offender does
charged, hence, this appeal. not perform all the acts of execution of
having carnal knowledge. If the slightest
Norberto and his wife employed AAA and
penetration of the female genitalia
BBB to help them in selling their plastic
consummates rape, and rape in its attempted
wares and glass wares in La Union. Upon
stage requires the commencement of the
reaching the place, they set up their tents to
commission of the felony directly by overt
have a place to sleep. Petitioner’s wife and
acts without the offender performing all the
their driver went back to Manila to get more
acts of execution that should produce the
goods. While sleeping, AAA felt that
felony, the only means by which the overt
somebody was on top of her mashing her
acts performed by the accused can be shown
breast and touching her private part.
to have a causal relation to rape as the
Norberto ordered her not to scream or she
intended crime is to make a clear showing of
will be killed. AAA fought back and
his intent to lie with the female.
Norberto was not able to pursue his lustful
desires. AA left the tent to seek for help. The petitioner climbed on top of the naked
When she returned to their tent, she saw victim and was already touching her
Norberto touching the private parts of BBB. genitalia with his hands and mashing her
This prompted Norberto to leave the tent. breasts when she freed herself from his
clutches and effectively ended his designs on
Norberto denies the commission of the crime
her. Yet, inferring from such circumstances
alleging that he could not possibly do the acts
that rape, and no other, was his intended
imputed out in the open as there were many
felony would be highly unwarranted. Such
people preparing for the “simbang gabi”. He
circumstances remained equivocal, or
further assails the credibility AAA for the
“susceptible of double interpretation,” such
crime of rape, alleging that the complaints
that it was not permissible to directly infer
were filed only for the purpose of extorting
from them the intention to cause rape as the
money from him.
particular injury.
ISSUE:
The intent to penetrate is manifest only
Is petitioner guilty of attempted rape against
through the showing of the penis capable of
AAA?
consummating the sexual act of touching the
HELD: external genitalia of the female. Without
such showing, only the felony of acts of
NO, Cruz is guilty only of acts of
lasciviousness is committed. Petitioner’s
lasciviousness. The basic element of rape is
embracing and touching the victim’s vagina
carnal knowledge of a female. Carnal
knowledge is defined simply as “the act of a and breasts did not directly manifest his
intent to lie with her. The lack of evidence
man having sexual bodily connections with a
showing his erectile penis being in the
woman,” in other words, rape is
position to penetrate her when he was on top
consummated once the penis capable of
consummating the sexual act touches the of her deterred any inference about his intent
to lie with her. At most, his acts reflected
lewdness and lust for her. The intent to
commit rape should not easily be inferred
against the petitioner, even from his own
declaration of it, if any, unless he committed
overt acts leading to rape.

Hence, Cruz is guilty only of acts of

lasciviousness and not attempted rape.