People v. Cruz
REITERATIONFacts
The Antecedents: On July 20, 1903, the accused, Ambrosio de la Cruz, approximately 16 years of age, entered the house of Paula de los Santos, who was about 15 years of age, without permission. The accused then took hold of Paula and threw her to the floor. Paula cried for help, and her aunt, who was present, heard her but was afraid to intervene. Apolinar Acosta, a neighbor, heard the cries and found the accused struggling with Paula on the floor. Paula's mother, in an adjacent house, also heard the cries. Procedural History: The defendant was charged with attempted rape. The Court of First Instance of Rizal found the defendant guilty of attempted rape and sentenced him to two years and six months of prision correccional, with costs. The Appeal: The defendant appealed the decision of the Court of First Instance.
Issue(s)
Whether the evidence presented sufficiently proves the crime of attempted rape. Whether the penalty imposed by the Court of First Instance is correct, considering the age of the offender and the provisions of the Penal Code.
Ruling
The Supreme Court modified the sentence of the Court of First Instance. It sentenced the accused, Ambrosio de la Cruz, to six months of arresto mayor and to pay the costs of both instances.
Ratio Decidendi
On Issue 1: The evidence presented was sufficient to prove the crime of attempted rape. The facts showed that the accused entered the victim's house without permission, took hold of her, and threw her to the floor, engaging in a struggle when the victim cried for help. The position in which the accused was found by Apolinar Acosta, struggling with the victim on the floor, clearly indicated the intent to commit the crime charged. The victim's age (15) and the accused's age (16) were noted, but the act itself, coupled with the circumstances of entry and struggle, established the attempted commission of the crime. On Issue 2: The penalty imposed by the Court of First Instance was modified based on a correct application of the Penal Code. Article 483 of the Penal Code prescribes the penalty of reclusion temporal for the consummated crime of rape. Article 66 states that the penalty for an attempt to commit a crime shall be two degrees lower than that prescribed for the consummated crime, which would be prision correccional. However, Article 85, subsection 1, provides that persons under 18 years of age and over 15 years of age shall be punished with the penalty one degree lower than that prescribed by law. Applying this to the penalty for attempted rape (prision correccional), the penalty is reduced to arresto mayor. Furthermore, the offense was committed at nighttime, which is an aggravating circumstance under Article 81, subsection 3. With no extenuating circumstances and one aggravating circumstance, the maximum degree of the penalty of arresto mayor should be imposed, resulting in a sentence of six months of arresto mayor.
Main Doctrine
The case applies the principles of the Penal Code to determine the penalty for attempted rape committed by a minor. It establishes that the penalty for an attempt to commit a crime is two degrees lower than that for the consummated crime, and for offenders between 15 and 18 years old, the penalty is further reduced by one degree. The presence of an aggravating circumstance, such as nighttime, leads to the imposition of the maximum degree of the determined penalty.