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I.2 FELIX RAIT vs. THE PEOPLE G.R. No.

180425 July 31, 2008


FACT! On May 26, 1994, Rait and Pitago were charged in an Information, which reads:
That on or abot !o"ember 19, 199#, at 2:$$ o%c&oc' in the morning, more or &ess (sic) at !a*areth, +agayan de Oro +ity,
Phi&i,,ines and within the -risdiction of this .onorab&e +ort, the abo"e/named accsed, cons,iring, confederating
together and mta&&y he&,ing one another, did then and there, wi&f&&y (sic), n&awf&&y and fe&onios&y commence the
commission of the crime of Ra,e, direct&y by o"ert acts, on the ,erson of a 011/year/o&d2 minor, 03332, by then and there
(sic), with force and against the &atter%s wi&& whi&e she was in a state of into4ication, toching her breasts, remo"ing her
,anty, ho&ding her feet (by 5aniter Pitago) and &ying on to, of her (by 6e&i4 Rait), bt did not ,erform a&& the acts of
e4ection which wo&d ,rodce the crime of Ra,e, by reason of some case other than his own s,ontaneos desistance,
that in when (sic) offended ,arty was ab&e to 'ic' them and the two ran away7
Petitioner arges that he sho&d be ac8itted of the crime of attem,ted ra,e7 If he is to be fond gi&ty of any offense, he
,ts forward the theory that based on this +ort%s r&ing in 9a&eros, 5r7 "7 Peo,&e, he sho&d be con"icted on&y of n-st
"e4ation7 In 9a&eros, accsed was con"icted of attem,ted ra,e7 The +3 sstained the con"iction7 :,on re"iew, this +ort
re"ersed the con"iction and fond accsed gi&ty of &ight coercion7 In 9a&ero%s, the act for which the accsed was charge of
attem,ted ra,e was that he ,ressed a chemica&/soa'ed c&oth in the moth if the "ictim7 The ;+ r&ed that sch act is not
an o"ert act that wi&& &ogica&&y and necessari&y ri,en into ra,e7 There was no ,erformance of any act indicati"e of an intent
or attem,t to ra,e the "ictim7
I"E!
1. #$%& 's %( ov)*& %+&,
O"ert or e4terna& act has been defined as some ,hysica& acti"ity or deed, indicating the intention to commit a ,artic&ar
crime, more than a mere ,&anning or ,re,aration, which if carried ot to its com,&ete termination fo&&owing its natra&
corse, withot being frstrated by e4terna& obstac&es nor by the "o&ntary desistance of the ,er,etrator,
wi&& &ogica&&y and necessari&y ri,en into a concrete offense7
The raison d%etre for the &aw re8iring a direct o"ert act is that, in a ma-ority of cases, the condct of the accsed
consisting mere&y of acts of ,re,aration has ne"er ceased to be e8i"oca&< and this is necessari&y so, irres,ecti"e of his
dec&ared intent7 It is that 8a&ity of being e8i"oca& that mst be &ac'ing before the act becomes one which may be said to
be a commencement of the commission of the crime, or an o"ert act or before any fragment of the crime itse&f has been
committed, and this is so for the reason that so &ong as the e8i"oca& 8a&ity remains, no one can say with certainty what
the intent of the accsed is7 It is necessary that the o"ert act sho&d ha"e been the &timate ste, towards the
consmmation of the design7 It is sfficient if it was the =first or some sbse8ent ste, in a direct mo"ement towards the
commission of the offense after the ,re,arations are made7= The act done need not constitte the &ast ,ro4imate one for
com,&etion7 It is necessary, howe"er, that the attem,t mst ha"e a casa& re&ation to the intended crime7 In the words of
>iada, the o"ert acts mst ha"e an immediate and necessary re&ation to the offense7
2. #$)&$)* &$) -%l)*o.s +%s) s$oul/ %00ly '( &$'s +%s).
?e are not ,ersaded by ,etitioner%s argment7 ;e"era& facts attendant to this case distingish it from 9a&eros, enogh to
con"ince s to arri"e at a different conc&sion7 :n&i'e in 9a&eros, the acts of ,etitioner c&ear&y estab&ish his intention to
commence the act of ra,e7 Petitioner had a&ready sccessf&&y remo"ed the "ictim%s c&othing and had inserted his finger
into her "agina7 It is not em,ty s,ec&ation to conc&de that these acts were ,re,aratory to the act of ra,ing her7 .ad it not
been for the "ictim%s strong ,hysica& resistance, ,etitioner%s ne4t ste, wo&d, &ogica&&y, be ha"ing carna& 'now&edge of the
"ictim7 The acts are c&ear&y =the first or some sbse8ent ste, in a direct mo"ement towards the commission of the offense
after the ,re,arations are made7=
:nder 3rtic&e 6, in re&ation to 3rtic&e ##@, of the Re"ised Pena& +ode, ra,e is attem,ted when the offender commences the
commission of ra,e direct&y by o"ert acts, and does not ,erform a&& the acts of e4ection which sho&d ,rodce the crime of
ra,e by reason of some case or accident other than his own s,ontaneos desistance7

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