Ordinario v.

People
G.R. No. 155415
May 20, 2004
FACTS
The case before this Court relates to an affirmance by the Court of Appeals of the joint decision, dated 20 October 1999,
rendered by the Regional Trial Court of Makati city branch. The incident under 12 separate information filed by the city
prosecutor of Makati city on February 26 1999, or uniformly worded except with regards to the date of the Commission of
the offense. Complainant jayson ramos and accused appellant were student teacher respectively, at Nicanor Garcia
Elementary school. During the time the alleged crime was perpetrated Jayson was then a fourth grader and accuse
Appellant was his teacher in Boy Scout. In the same manner accused appellant ordered Jayson to strip off bare to the skin
accused appellant approach Jayson and started kissing him all over his body including his male organ. Thereafter accused
appellant inserted his private part into the mouth of Jayson. The council of the accused interpose the defense of alibi on
the part of Jayson , presenting several witnesses particularly on account of the time Commission in the place of the
commission.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Whether or not Geronimo Ordinario is liable for the crime of rape under Article 266-A of the
Revised Penal Code.
Issue
WON Ordinario is liable for the crime of rape under art. 266-A of the RPC
Held
The defense of alibi might prosper if it is at least shown (1) that the accused is in another place at the time of the
commission of the offense, and (2) that it would have been physically impossible for him to have been at the crime scene3
or within its immediate vicinity.4 Alibi cannot be sustained where it is not only without credible corroboration, but it also
does not on its face demonstrate the physical impossibility of the accused’s presence at the place and time of the
commission of the offense.5 Appellant himself has admitted that while his class would end at one o’clock in the
afternoon, he occasionally would still go back to school late in the afternoon to oversee the school’s poultry project. The
definition of the crime of rape has been expanded with the enactment of Republic Act No. 8353, otherwise also known as
the Anti-Rape Law of 1997, to include not only "rape by sexual intercourse" but now likewise "rape by sexual assault."
Section 2 of the law provides:
"Sec. 2. Rape as a Crime Against Persons. – The crime of rape shall hereafter be classified as a Crime Against Persons
under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be
incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
"Article 266-A. Rape; When And How Committed. – Rape Is Committed –
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"(a) Through force, threat, or intimidation;
"(b) When the offended party is deprived of reason or otherwise unconscious.
"(c) By means of fraudulent machination or grave abuse of authority; and
"(d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances
mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or
anal orifice of another person." (Underscoring supplied)
WHEREFORE, the judgment appealed from, convicting petitioner Geronimo Ordinario of rape by sexual assault on
twelve (12) counts, and sentencing him therefor, is affirmed with modification in that petitioner Geronimo Ordinario is
ordered to pay private complainant P25,000.00 civil indemnity and ₱25,000.00 moral damages for each count of rape by
sexual assault. The award of exemplary damages is deleted. Costs against petitioner.
Sexual intercourse with an insane woman was considered rape.
(People Vs. Layson, C.A., 37 O.G. 318)
Facts: In the early morning, at about 4:45 o'clock, the four accused, armed with bladed weapons, entered the cell where
the unsuspecting victim, prisoner Regino Gasang, was then Layson locked the door and Without warning they swiftly
took turns in stabbing Gasang. They refused to surrender to the trustees who had come to the scene of the crime, agreeing
to surrender only to Vicente Afurong, the supervising prison guard. Afurong arrived, identified himself, and assured them
of their safety, whereupon they handed their weapons through the hole of the barricaded door and surrendered themselves.
Gasang’s Death was caused by severe internal and external hemorrhage and shock, all secondary to multiple stab wounds.
Layson, Ragub and Fugoso admitted that they killed Gasang because the latter urinated on their coffee cups a number of
times. Garces stated that he killed Gasang because the latter spat on him a week before. The four plotted to kill Gasang a
few days prior to the actual slaying. Issue: WON Nicolas Layson, Cezar Ragub, Cezar Fugoso and Joventino Garces
should be penalized w/ Death penalty with indemnification?
Held: Yes. the judgment a quo imposing the death penalty on Nicolas Layson, Cezar Ragub, Cezar Fugoso and Joventino
Garces, is affirmed. The indemnification to the heirs of the victim, Regino, Gasang, is hereby increased to P12,000,to be
paid jointly and severally by the four accused. Costs de oficio.
"WHEREFORE, the Court finds the accused guilty beyond reasonable doubt as principals of the crime of murder, defined
and penalized under Article 248 of the Revised Penal Code, with the mitigating circumstance of plea of guilty in favor of
all of them and the aggravating circumstances of recidivism and having been previously punished for two or more crimes
to which the law attaches a lighter penalty with respect to the accused Nicolas Layson and Cezar Ragub, the aggravating
circumstance of having been punished with two or more offenses to which the law attaches a lighter penalty with respect
to the accused Cezar Fugoso and Joventino Garces and the aggravating circumstances consisting of any two of the
qualifying circumstances alleged in the information which are treachery, evident premeditation and abuse of superior
strength for one is sufficient to qualify the crime to murder and the special aggravating circumstance of having committed
the crime charged while serving the penalty imposed upon them for previous offenses as regards all the accused and
conformably with Article 160 of the Revised Penal Code, hereby sentences all of them to DEATH.
(hindi ko sure to kasi eto naman yung lumbas nung nag search ako paki check nalang thank you)
People vs. Daing
FACTS
"On January 5, 1974, at about 7:00 o’clock in the morning, complainant Elena delos Reyes, a 15-year old feeble-minded
girl, was at the public plaza of La Castellana, Negros Occidental Elena was requested by her sister with whom she was
staying to deliver a letter to her sister who was living at Bacolod City. In the public plaza, she met Boy Ledesma who
invited her to get sugarcane near the Regional High School When the two reached Antolan River which was about fifty
(50) meters away from the said school, Ledesma and the two accused, Armando Daing, Jr. and Fred Paulmitan, forcibly
dragged Elena towards the sugarcane field at Hacienda Taborda, La Castellana, Negros Occidental Cris teta Lorico who
was then washing clothes along the Antolan River saw Elena being dragged by the accused While Elena was inside the
cane field, the accused stripped off her pants and dress; thereafter she was pushed to the ground At this juncture,
Paulmitan laid on top of Elena and had sexual intercourse with her while Daing was holding her hands When Paulmitan
had finished, Daing took his turn and had carnal knowledge of complainant while Paulmitan was holding her legs While
complainant was being abused by the two accused, she cried, struggled, and shouted 'Nanay, Nanay' but no one came to
help her. Edita Pardilla who was a neighbor of Elena saw the whole incident as she was then gathering vegetables near the
vicinity of the incident After the intercourse, the two accused admonished complainant not to report the incident to
anybody or else they would kill her "On January 6, 1974, Roberto delos Reyes, Elena’s father, who was staying at Iloilo
received a telegram from his other daughter, Victoria delos Reyes with whom Elena was staying informing him of the
incident. The following day, Roberto went to La Castellana, Negros Occidental Upon arrival at La Castellana, he
accompanied Elena to the Chief of Police to file a complaint against the accused Daing, Jr. and Paulmitan
Issue: WON guilty of rape
Held: YES, CARNAL KNOWLEDGE OF A WOMAN WHO IS FEEBLE-MINDED AND MENTALLY DEFICIENT
CONSTITUTES THE CRIME OF RAPE. — The record shows that the complainant was feeble-minded and mentally
deficient and incapable of giving consent to the sexual acts. It is a well-settled rule in this jurisdiction that carnal
knowledge of a woman who is weak in intellect to the extent that she is incapable of legally consenting constitutes the
crime of rape.
WHEREFORE, appellants Armando Daing, Jr. and Fredo Paulmitan are each of them hereby found guilty of the
commission of two separate offenses of rape defined and penalized under Article 335 of the Revised Penal Code as
amended, without any mitigating or aggravating circumstances, and are hereby sentenced for each offense, to suffer the
penalty of reclusion perpetua or life imprisonment, to indemnify the offended party, Elena delos Reyes, jointly and
severally, in the sum of Thirty Thousand Pesos, without subsidiary imprisonment in case of insolvency, and to pay the
costs.

CONSUMMATED RAPE
People vs. Oscar, 48 Phil. 527
FACTS
That on or about the 28th day of October , 1923, in the municipality of Lagangilang, Province of Abra, Philippine Islands,
the said accused by means of force did then and there willfully, unlawfully and feloniously lie and had carnal knowledge
with Marta Trondillo, a girl eight years of age, against her will and in spite of her resistance, while she was asleep in the
house of her uncle Tomas Cada.
ISSUE: WON guilty of the consummated crime of rape
HELD : YES, The trial court found the defendant guilty of the crime of frustrated rape without any qualifying
circumstance and sentenced him to either years and one day of presidio mayor with the accessory penalties and to pay the
costs. From the sentence the defendant appeals. The evidence leaves no doubt whatever as to the defendant's guilt His
testimony that he merely introduced his finger into vagina of the offended party, in a fit of anger, because her uncle,
Tomas Cada, failed to furnish him a girl with whom he could have sexual intercourse, is under the circumstances absurd
and deserves no credence. The court below found that crime was frustrated, and not consummated, on the ground that the
evidence did not clearly show that the defendant's genital organ was introduced to its full length into that of the offended
party, and that there were no signs of emission of semen. This conclusion is erroneous Perfect penetration is not essential.
Any penetration of female body by the male organ is sufficient. Entry of the labia or lips of the female organ, merely
without rapture of the hymen or laceration of the vagina, is sufficient to warrant conviction. In the present case, the
physician, who examined the offended party shortly after the commission of the crime, testifies that he hymen was
lacerated and that there was coagulated blood, though he found no semen. This shows sufficiently that the crime was
consummated, and the sentence of the court below must be modified accordingly. We therefore find the defendant-
appellant guilty of the consummated crime of rape and sentence him to suffer fourteen years, eight months and one day of
reclusion temporal, with the accessory penalties prescribed by law, to endow the offended party in the sum of P500, and to
pay the costs
People vs Hernandez
The defendant is a man 70 years of age and the offended party is a child of 9 years, the granddaughter of the defendant's
wife. There can be no question as to the defendant's guilt. The evidence shows that he and the offended party were living
in the same house and that taking advantage of the absence of the other inhabitants of the house, he had intercourse with
the child by force and violence. He admits that he did so, but maintains that he was intoxicated at the time and did not
know what he was doing. The testimony of the witnesses for the prosecution is, however, to the effect that he did not
show any signs of intoxication at the time of the commission of the crime or immediately afterwards.
ISSUES : WON guilty of consummated rape
HELD:
YES, In the present case the physician who examined the offended party immediately after the commission of the crime
found the labia and the opening of the vagina inflamed together with an abundance of semen, though the hymen was
intact. It also appears from the evidence that the defendant lay on top of the child for over fifteen minutes and continued
his efforts of penetration during that period; the child testifies that the defendant succeeded in a partial penetration and
that she felt intense pain. In these circumstances, the crime must be regarded as consummated. The judgment appealed
from is therefore modified by finding the defendant guilty of the consummated crime of rape and, in view of the
aggravating circumstances mentioned in the information, the penalty imposed upon the defendant is hereby increased to
seventeen years, four months and one day of reclusion temporal, with the accessory penalties prescribed by law. In all
other respects the judgment is affirmed with the costs against the appellant

(People vs. Jose, 37 SCRA 450)

Facts:
On June 26, 1967, Jaime Jose, together with 3 principal-accused; and with Wong Lay Pueng, Silverio Guanzon and Jessie
Guion as accomplices, conspired together, confederated with and mutually helped one another, then and there, to
willfully, unlawfully and feloniously, with lewd design to forcibly abduct Magdalena “Maggie” de la Riva, 25 years old
and single, a movie actress by profession at the time of the incident, where the four principal accused, by means of force
and intimidation using a deadly weapon, have carnal knowledge of the complainant against her will, and brought her to
the Swanky Hotel in Pasay City, and hence committed the crime of Forcible Abduction with Rape.
Issue: Whether or not the accused are liable for the complex crime of forcible abduction with rape
Held. Yes.
As regards, therefore, the complex crime of forcible abduction with rape, the first of the crimes committed, and the latter
is the more serious; hence, pursuant to the provision of Art 48 of the RPC, the penalty prescribed shall be imposed in its
maximum period. Consequently, the appellants should suffer the extreme penalty of death.
People v. Orita
Facts: Ceilito Orita was accused of frustrated rape by the RTC. He appealed to the Court of Appeals for review. The
accused poke a “balisong” to college freshman Cristina Abayan as soon as she got into her boarding house early morning
after arriving from a party. She knew him as a frequent visitor of another boarder. She was dragged inside the house up
the stairs while his left arm wrapped around her neck, and his right hand poking the Batangas knife to her neck. Upon
entering her room, he pushed her in and got her head hit on the wall. He immediately undressed while still holding the
knife with one hand, and ordered her to do the same. He ordered her to lie down on the floor and then mounted her. He
asked her to hold his penis and insert it in her vagina, while still poking the knife to her. She followed, but the appellant
could not fully penetrate her in such a position. Next, he laid down on his back and commanded her to mount him, but he
cannot fully penetrate her. When Orita’s hands were both flat on the floor, complainant escaped naked. She ran from room
to room as appellant pursued her, and finally jumped out through a window. She went to the municipal building nearby
and knocked on the back door for there was no answer. When the door opened, the policemen inside the building saw her
crying and naked. She was given a jacket for covering by the first policeman who saw her. The policemen dashed to her
boarding house but failed to apprehend the accused. She was brought to a hospital for physical examination. Her PE
revealed that she is still a virgin, with abrasions on the left breast, left and right knees, and multiple pinpoint marks on her
back, among others. The trial court convicted the accused of frustrated rape.
Issue: Whether or not the frustrated stage applies to the crime of rape?
Held: No, there is no frustrated rape The decision of the RTC is hereby MODIFIED. The accused Ceilito Orita is hereby
found guilty beyond reasonable doubt of the crime of rape [consummated] and sentenced to reclusion perpetua as well as
to indemnify the victim in the amount of P30,000.00.

Clearly, 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. [Art. 266 and Art. 6]
We have 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

Sweet heart theory si precious na daw gagawa dto hahahahah