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PEOPLE v. ARNULFO ORANDE Y CHAVEZ

FACTS:

The appellant, Arnulfo Orande, was charged with multiple counts of rape involving his stepdaughter, Jessica Castro. The incidents occurred between January 1994 and November 1996 when Jessica was between the ages of nine and twelve. In April 1994, appellant threatened Jessica with a knife and partially penetrated her, while in March 1995, he threatened her with a balisong and also penetrated her slightly. The third incident took place in January 1996. Jessica underwent therapy for eight months due to the psychological and emotional trauma she experienced. She also filed a separate criminal case against her mother and appellant for child abuse.

According to Jessica's testimony, the first rape occurred when she was left at home with her siblings while her mother went to the market. Appellant threatened her with a knife, forced her to undress, and sexually assaulted her. The second rape occurred in November 1996 when appellant threatened her with a balisong and coerced her into engaging in sexual activity. Appellant denied the charges and claimed he was with his live-in partner during the alleged incidents.

During the trial, Jessica's testimony was found to be convincing, logical, and credible by the trial court. The court observed her intense mental torture, embarrassment, emotional pain, and bitterness when recalling and narrating her experiences. She displayed a strong desire for justice and punishment. The trial court convicted the appellant of multiple counts of rape based on Jessica's testimony.

On appeal, the appellant argued that he should not have been convicted of frustrated rape, as it is not a recognized crime. The Office of the Solicitor General, however, contended that the appellant's convictions should be upheld as the prosecution successfully proved his guilt beyond reasonable doubt.

ISSUES:

  1. Whether the conviction for frustrated rape is proper in the case of the April 1994 rape incident.

  2. Whether there is a crime of frustrated rape under Philippine law.

  3. Whether the rape was consummated or frustrated.

  4. Whether the appellant can be convicted of simple or statutory rape.

  5. Whether the death penalty should be imposed.

RULING:

  1. The conviction for frustrated rape is not proper in the case of the April 1994 rape incident.

  2. There is no crime of frustrated rape under Philippine law.

  3. The rape was consummated. The victim testified that she felt pain and her vagina bled, indicating slight penetration or contact with the penis.

  4. The appellant can be convicted of simple rape in some cases and statutory rape in others. In Criminal Case Nos. 97-159184 and 97-159187, where the age and relationship of the victim to the appellant were not alleged in the information, the appellant can only be convicted of simple rape. In Criminal Case Nos. 97-159185 and 97-159186, where the victim's age was alleged and proven, the appellant can be convicted of statutory rape.

  5. The death penalty cannot be imposed as the qualifying circumstances were not alleged in the information.

PRINCIPLES:

  • The credibility of witnesses is best assessed by the trial court due to its unique opportunity to observe them firsthand.

  • The filing of rape charges cannot be deemed as motivated by revenge without sufficient evidence.

  • Inconsistencies in testimonies regarding minor details do not necessarily discredit the witness or reveal fabrication.

  • Rape can be committed even in the presence of other family members or in unlikely venues.

  • Delay in reporting the crime does not necessarily detract from the witness' credibility if satisfactorily explained.

  • Weak defenses of denial and alibi cannot stand against the positive identification and testimony of a rape victim.

  • In rape cases, the crime is considered consummated from the moment the offender has carnal knowledge of the victim, regardless of the extent of penetration or absence of rupture of the hymen. Any penetration of the female organ by the male organ is sufficient to constitute rape.

  • The crime of rape is attempted when there is no penetration of the female organ, as not all acts of execution have been performed.

  • The concept of frustrated rape, where there is incomplete penetration, is not recognized in Philippine law.

  • The provision penalizing frustrated rape in the Revised Penal Code is considered a dead provision, as it has not been reiterated in subsequent decisions and amendments to the law.

  • In cases of rape, there must be convincing and sufficient proof of penetration for a conviction.

  • Rape can be considered consummated if the victim feels pain, there are indications of slight penetration or contact, or there is evidence of discoloration or changes in the vagina.

  • The death penalty for rape can only be imposed if the qualifying circumstances are alleged in the information.