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    76 People-of-the-Philippines-v-Quinanola Digest

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    Rex
    The accused, Agapito Quianola and Eduardo Escuadro, are found guilty of rape. They brought the victim, Catalina Carciller, to a nearby school where they took turns sexually assaulting her against her will. While the hymen was intact, penetration is not required for rape under Philippine law. Any contact between the male and female genitalia is sufficient to constitute rape. The Supreme Court held that the acts of the accused constituted consummated rape, not frustrated rape as ruled by the trial court.

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    76 People-of-the-Philippines-v-Quinanola Digest

    Uploaded by

    Rex
    398 views1 page
    The accused, Agapito Quianola and Eduardo Escuadro, are found guilty of rape. They brought the victim, Catalina Carciller, to a nearby school where they took turns sexually assaulting her against her will. While the hymen was intact, penetration is not required for rape under Philippine law. Any contact between the male and female genitalia is sufficient to constitute rape. The Supreme Court held that the acts of the accused constituted consummated rape, not frustrated rape as ruled by the trial court.

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    76 People-of-the-Philippines-v-Quinanola digest

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    The accused, Agapito Quianola and Eduardo Escuadro, are found guilty of rape. They brought the victim, Catalina Carciller, to a nearby school where they took turns sexually assaulting her against her will. While the hymen was intact, penetration is not required for rape under Philippine law. Any contact between the male and female genitalia is sufficient to constitute rape. The Supreme Court held that the acts of the accused constituted consummated rape, not frustrated rape as ruled by the trial court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    398 views1 page

    76 People-of-the-Philippines-v-Quinanola Digest

    Uploaded by

    Rex
    The accused, Agapito Quianola and Eduardo Escuadro, are found guilty of rape. They brought the victim, Catalina Carciller, to a nearby school where they took turns sexually assaulting her against her will. While the hymen was intact, penetration is not required for rape under Philippine law. Any contact between the male and female genitalia is sufficient to constitute rape. The Supreme Court held that the acts of the accused constituted consummated rape, not frustrated rape as ruled by the trial court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    PEOPLE OF THE PHILIPPINES v.

    AGAPITO QUIANOLA AND EDUARDO


    ESCUADRO
    G.R. 126148
    MAY 05, 1999

    FACTS:
    The victim, Catalina Carciller, together with her cousin, Rufo Ginto and another friend,
    Richard Diaz was on their way home from a dance party when the accused, Agapito “Petoy”
    Quianola and Eduardo “Botiquil” Escuadro turned up on the waiting shed where the youngsters
    are momentarily resting. Armed with guns, the accused ordered the two boys to lie on the ground
    while Escuadro urinated on them. Quinola, on the other hand, brought Catalina to a nearby
    school and made her sit on the ground. When she resisted, Quianola pointed his gun at her and
    threatened to kill her if she would not willingly obey his demands. Escuadro followed them; the
    two boys having escaped successfully when Escuadro was zipping his pants. Quianola ordered
    Escuadro to remove her denim pants while Catalina resisted. Having succeeded in undressing
    her, Quianola unzipped his pants and laid on top of her while Escuadro held her legs. Quianola
    started to pump, to push and pull even as Catalina still tried desperately to free herself from him.
    She felt his organ "on the lips of (her) genitalia.When Quianola had satisfied his lust, Escuadro
    took his turn by placing himself on top of Catalina. Catalina could feel the sex organ of Escuadro
    on the lips of her vulva while he made a push and pull movement. The accused immediately
    scampered after. In the physical examination conducted on Catalina, it was found that the hymen
    was intact and that there was no complete penetration. The trial court ruled that the accused were
    liable for frustrated rape. The accused, in their defense, cited alibis, ill-motive, and mistaken
    identity.

    ISSUE:
    Whether or not the accused are guilty of Frustrated Rape.

    HELD:
    No. Carnal knowledge, according to the Revised Penal Code, does not necessarily require
    that the vagina be penetrated or that the hymen be ruptured. The crime of rape is deemed
    consummated even when the man’s penis merely enters the labia or lips of the female organ or,
    by the mere touching of the external genitalia by a penis capable of consummating the sexual act.
    As was ruled in the case of People vs. Orita, there is no such crime as frustrated 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. 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.
    Wherefore, the accused, Agapito Quianola and Eduardo Escuadro are each found guilty
    beyond reasonable doubt of two counts of consummated rape.

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