Aug 23, 2009

Criminal Law- People vs. Castromero

THIS CASE IS WITH REGARD TO ARTICLE 4 Par. 1 OF THE REVISED PENAL CODE
"crime is different from that which was intended"


Case of People of the R.P. vs. Castromero
G.R.No. 118992 09October1997
FACTS OF THE CASE:
The accused Celerino Castromero was found guilty beyond reasonable doubt of the   crime of Rape with Serious Physical Injuries sentencing him to reclusion perpetua. That on the February 26, 1993 at about 2am in the province of batangas philippines,the accused armed with a balisong wilfully, unlawfully and feloniously have carnal knowledge w/ the offended party Josephine Baon against her will and consent and as a consequence thereof she suffered serious physical injuries, by jumping down through the 2nd floor window of her house.
Castromero and Baon are relatives. Josephine Baon's husband is the second-cousin of Castromero. They were neighbors wherein their houses are located a mere 50 meters apart. During the incident Castromero's penis due to their movement sideways was able to touch Baon's private parts. When Baon, noticed that Castromero was no longer holding the knife she tried to escape by pushing him off and jumping through the 2nd flr window. Upon falling down she yelled for help wherein her inlaws came out to help her and bring her to the hospital, as she was experiencing intense pain.
ISSUES OF THE CASE:
Was Rape committed in this case?
-         In determining if rape was consummated or merely attempted, we observe that there was NO complete of perfect penetration of the complainant's organ.
-         To consummate rape, perfect or complete penetration of the complainant's private organ is NOT essential. Even the slightest or mere touching of the lips of the female organ, or labia of the pudendum, is sufficient.
-         In people vs. Dela Pena (233 SCRA 573) held that the mere touching of the external genitalia of the penis capable of consummating a sexual act constitutes carnal knowledge.
-         For this case Rape was consummated, because sexual assault was perpetrated by force and intimidation
HELD:
JUDGEMENT OF THE LOWER COURT WAS AFFIRMED APPELANT CASTROMERO IS GUILTY BEYOND REASONABLE DOUBT OF RAPE WITH SERIOUS PHYSICAL INJURIES.


I hope this helps.

Jeff David

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