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JAREN TIBONG Y CULLA-AG v. PEOPLE

FACTS:

This case involves an attempted rape incident wherein the petitioner, Jaren Tibong, was accused of trying to rape his cousin (referred to as AAA) while she was sleeping and unconscious. The incident occurred on April 17, 2006, at the house owned by the petitioner's parents in Betag, La Trinidad, Benguet. AAA was staying at the house and occupied a room in the basement. Prior to the incident, petitioner's wife had left the house after a quarrel with him. On the night of the incident, AAA woke up to find the petitioner undressing her and attempting to have sexual intercourse with her. She resisted his advances and managed to escape from the room after the petitioner failed to restrain her. AAA reported the incident to the La Trinidad Police Station the following morning. The petitioner denied the accusations and claimed that he was drinking with a friend during the time of the incident. The Regional Trial Court found the petitioner guilty of attempted rape and imposed a penalty of imprisonment. The Court of Appeals affirmed the conviction, and the petitioner filed a petition for review on certiorari with the Supreme Court. The Supreme Court upheld the lower court's decision, stating that the petitioner's acts clearly showed his intent to have carnal knowledge of AAA, thus constituting attempted rape. The petition was denied, and costs were imposed against the petitioner.

ISSUES:

  1. Whether the act of the petitioner constitutes attempted rape or acts of lasciviousness.

  2. Whether the prosecution proved the guilt of the petitioner beyond reasonable doubt.

RULING:

  1. The act of the petitioner constitutes attempted rape. The Supreme Court held that the acts narrated by the complainant show that the petitioner intended to have, and was bent on consummating, carnal knowledge of the complainant. Thus, the act of the petitioner is not merely acts of lasciviousness but constitutes attempted rape.

  2. The prosecution proved the guilt of the petitioner beyond reasonable doubt. The testimonies of the complainant, corroborated by her brother and a police officer, were held to be credible and sufficient to establish the guilt of the petitioner for attempted rape.

PRINCIPLES:

  • Attempted rape is committed when the offender commences the commission of rape by overt acts but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

  • Acts of lasciviousness are fundamentally different from rape as there is no intent to lie with a woman in acts of lasciviousness.

  • In determining whether an act constitutes attempted rape or acts of lasciviousness, the intention of the accused can be inferred from his overt acts.