Baleros v.

People
G.R. No. 138033, February 22, 2006
FACTS: Martina Lourdes Albano (Malou), a medical student of the University of Sto.
Tomas, stayed at Room 307 with her maid Marvilou. On December 12 10:30 pm:
Malou slept. Her maid Marvilou slept on a folding bed right in front of her bedroom
door.
December 13, 1991 1:00 am: Chito left the fraternity party with Robert Chan
and Alberto wearing a barong tagalog, with t-shirt inside, with short pants with
stripes lent by Perla Duran and leather shoes.
December 13, 1991 1:30 am: Chito arrived at the Building wearing a white tshirt with fraternity symbols and black shorts with the brand name Adidas from a
party. He requested permission from S/G Ferolin to go up to Room 306 leased by
Ansbert Co but at that time only Joseph Bernard Africa was there. Although Chito
could not produce the required written authorization, he let him in because he will
be a tenant in the coming summer break. Joseph was awaken by Chitos knock so
he glanced the alarm clock and let him. He saw him wearing dark-colored shorts
and white T-shirt.
December 13, 1991 1:50 am: Renato Baleros, Jr. y David (Chito) forcefully
covered the face of Malou with a piece of cloth soaked in chemical with dizzying
effects. This awakened Malou. She struggled but could not move because she was
tightly held and pinned down on the bed. She kicked him and got her right hand
free to squeeze his sex organ causing him to let her go. She went for the bedroom
door and woke up Marvilou. She also intercommed S/G Ferolin saying: "may
pumasok sa kwarto ko pinagtangkaan ako". Malou proceed to Room 310 where her
classmates Christian Alcala, Bernard Baptista, Lutgardo Acosta and Rommel Montes
were staying and seeked help. She saw her bed in a mess and noticed that her
nightdress was stained with blue. Aside from the window with grills which she had
originally left opened, another window inside her bedroom which leads to Room 306
was now open.
December 13, 1991 3:30 pm: Christian and his roommates, Bernard and
Lutgardo were asked by the CIS people to look for anything not belonging to them in
their Unit when Rommel Montes went inside and found a grey bag. Christian knew
right away that it belonged to Chito. It contained white t-shirt with fraternity
symbol, a Black Adidas short pants, a handkerchief, 3 white T-shirts, an underwear
and socks.
Chito pleaded NOT Guilty. Chitos defense was that he only slept and at about
6 to 6:30, Joseph told him that something had happened and asked him to follow
him to Room 310 carrying his gray bag and since no one was there they went to
Room 401 where Renato Alagadan was. He left his grey bag at Room 306 the day
before. The same grey bag was found in Room 310 where the handkerchief and
Malous night dress was found, both contained chloroform, a volatile poison which
causes first degree burn exactly like what Malou sustained on that part of her face
where the chemical-soaked cloth had been pressed.
RTC: guilty of attempted rape. CA: Affirmed

ISSUES:
1. Whether or not Chito is guilty of attempted rape. No
2. Whether or not the act of the petitioner, i.e., the pressing of a chemical-soaked
cloth while on top of Malou, constitutes an overt act of rape. No
HELD: Under Article 335 of the Revised Penal Code, rape is committed by a man
who has carnal knowledge or intercourse with a woman under any of the following
circumstances: (1) By using force or intimidation; (2) When the woman is deprived
of reason or otherwise unconscious; and (3) When the woman is under twelve years
of age or is demented.
Under Article 6, in relation to the aforementioned article of the same code,
rape is attempted when the offender commences the commission of rape directly
by overt acts and does not perform all the acts of execution which should produce
the crime of rape by reason of some cause or accident other than his own
spontaneous desistance.
Overt or external act has been defined as some physical activity or deed,
indicating the intention to commit a particular crime, more than a mere planning or
preparation, which if carried out to its complete termination following its natural
course, without being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and necessarily ripen into a concrete
offense.
Harmonizing the above definition to the facts of this case, it would be too
strained to construe petitioner's act of pressing a chemical-soaked cloth in the
mouth of Malou which would induce her to sleep as an overt act that will logically
and necessarily ripen into rape. As it were, petitioner did not commence at all the
performance of any act indicative of an intent or attempt to rape Malou. It cannot
be overemphasized that petitioner was fully clothed and that there was no attempt
on his part to undress Malou, let alone touch her private part. For what reason
petitioner wanted the complainant unconscious, if that was really his immediate
intention, is anybodys guess. The CA maintained that if the petitioner had no
intention to rape, he would not have lain on top of the complainant. Plodding on, the
appellate court even anticipated the next step that the petitioner would have taken
if the victim had been rendered unconscious. The appellate court indulges in plain
speculation, a practice disfavored under the rule on evidence in criminal cases. For,
mere speculations and probabilities cannot substitute for proof required to establish
the guilt of an accused beyond reasonable doubt.
Verily, while the series of acts committed by the petitioner do not determine
attempted rape, they constitute unjust vexation punishable as light coercion under
the second paragraph of Article 287 of the Revised Penal Code. As it were, unjust
vexation exists even without the element of restraint or compulsion for the reason
that this term is broad enough to include any human conduct which, although not
productive of some physical or material harm, would unjustly annoy or irritate an
innocent person. That Malou, after the incident in question, cried while relating to
her classmates what she perceived to be a sexual attack and the fact that she filed

a case for attempted rape proved beyond cavil that she was disturbed, if not
distressed.
The assailed Decision of the Court of Appeals affirming that of the Regional
Trial Court of Manila, is hereby REVERSED and SET ASIDE and a new one entered
ACQUITTING petitioner Renato D. Baleros, Jr. of the charge for attempted rape.
Petitioner, however, is adjudged GUILTY of light coercion