Baleros, Jr. vs.

People
G.R. No. 138033. January 30, 2007
FACTS Petitioner-movant Renato Baleros, Jr., through counsel, seeks
reconsideration of the Decision of February 22, 2!, ac"uitting him of the crime of
attem#ted ra#e, thereby reversing an earlier decision of the $ourt of %##eals, but
ad&udging him guilty of light coercion and sentencing him to ' days of arresto
menor and to #ay a (ne of P2., )ith the accessory #enalties thereof and to #ay
the cost.
*he Petitioners asserts that his conviction for light coercion under an +nformation for
attem#ted ra#e runs counter to the en banc ruling of the $ourt in Peo#le vs
$ontreras )here the $ourt held that )hen the circumstances stated in the
information does not constitute the elements of the crime alleged, the accused
cannot be convicted of such crime.
+ssue, -./ Baleros may be convicted of the crime of light coercion.
0eld, *he court held that 1nlike the 22 se#arate +nformations in $ontreras, the
indicting +nformation for attem#ted ra#e against the #etitioner in the instant case
contains averments constituting and thus &ustifying his conviction for un&ust
ve3ation, a form of light coercion, under %rticle 245 of the Revised Penal $ode.
0ere, the +nformation reads,
*hat about 2,6 in the morning or sometime thereafter of
2' December 2772 in 8anila and )ithin the &urisdiction of
this 0onorable $ourt, the above-named accused, by
forcefully covering the face of 8artina 9ourdes *. %lbano
)ith a #iece of cloth soaked in chemical )ith di::ying
e;ects, did then and there )illfully, unla)fully and
feloniously commenced the commission of ra#e by lying
on to# of her )ith the intention to have carnal kno)ledge
)ith her but )as unable to #erform all the acts of
e3ecution by reason of some cause or accident other than
his o)n s#ontaneous desistance, said acts being
committed against her )ill and consent to her damage
and #re&udice
*he afore"uoted +nformation states all the facts and ingredients that fully a##rised
the #etitioner of the nature and cause of the accusation against him, in com#liance
)ith his constitutional right to be informed of the nature of the charges against him.
*he $ourt further stressed that malice, com#ulsion or restraint need not be alleged
in an +nformation for un&ust ve3ation. 1n&ust ve3ation e3ists even )ithout the
element of restraint or com#ulsion for the reason that the term is broad enough to
include any human conduct )hich, although not #roductive of some #hysical or
material harm, )ould un&ustly annoy or irritate an innocent #erson.
/.*<=,
*his is a 8otion for Partial Reconsideration case. *he facts of the Decision sought to
be reconsidered are as follo)s,
F%$*=, <arly morning of December 2', 2772, 8alou, a medical student of 1=*, ehi
)as occu#ying room '5 of $elestial 8arie Building, )as a)akened by the smell of
chemical on a #iece of cloth #ressed on her face. =he struggled but could not move.
=omebody )as #inning her do)n on the bed, holding her tightly. =he )anted to
scream for hel# but the hands covering her mouth )ith cloth )et )ith chemicals
)ere very tight. =till, 8%9.1 continued (ghting o; her attacker by kicking him until
at last her right hand got free. -ith this . . . the o##ortunity #resented itself )hen
she )as able to grab hold of his se3 organ )hich she then s"uee:ed.
*he man let her go and 8%9.1 )ent straight to the bedroom door and roused
8arvilou, 8alou>s maid. .ver the intercom, 8%9.1 told =?@ Ferolin that, Amay
#umasok sa kuarto ko #inagtangkaan akoB. -ho it )as she did not, ho)ever, kno).
*he only thing she had made out during their struggle )as the feel of her attacker>s
clothes and )eight. 0is u##er garment )as of cotton material )hile that at the
lo)er #ortion felt smooth and satin-like. 0e . . . )as )earing a t-shirt and shorts.
=?@ on duty that night testi(ed that, Renato Beleros, alias $hito, arrived in the
building )earing a )hite tshirt and black shorts and re"uested #ermission to go u#
to room '!. =ince $hito failed to #roduce an authori:ation, =?@ refused $hito>s
entry. 0o)ever, he later relented and allo)ed $hito in.
During investigation, $+= found a gray khumbmela bag in room '2, a room
occu#ied by 8alou>s and $hito>s classmates. .ccu#ants of the room testi(ed that
the bag belonged to $hito.
$hito )as charged )ith attem#ted ra#e, the accusatory #ortion of )hich as follo)s,
A*hat about 2,6 in the morning or sometime thereafter of 2' December 2772 in
8anila and )ithin the &urisdiction of this 0onorable $ourt, the above-named
accused, by forcefully covering the face of 8artina 9ourdes *. %lbano )ith a #iece of
cloth soaked in chemical )ith di::ying e;ects, did then and there )illfully,
unla)fully and feloniously commenced the commission of ra#e by lying on to# of
her )ith the intention to have carnal kno)ledge )ith her but )as unable to #erform
all the acts of e3ecution by reason of some cause or accident other than his o)n
s#ontaneous desistance, said acts being committed against her )ill and consent to
her damage and #re&udice.B CBaleros, Jr. vs. Peo#le, D4' =$R% 2E2!FG
Both the R*$ and $% found the accused guilty of attem#ted ra#e.
-?/ the act of the #etitioner, i.e., the #ressing of a chemical-soaked cloth )hile on
to# of 8alou, constitutes an overt act of ra#e.
!"#$ /.. it )ould be too strained to construe #etitionerHs act of #ressing a
chemical-soaked cloth in the mouth of 8alou )hich )ould induce her to slee# as an
overt act that )ill logically and necessarily ri#en into ra#e. %s it )ere, pe%&%&oner
'&' no% (o))en(e a% all %*e per+or)an(e o+ any a(% &n'&(a%&ve o+ an &n%en%
or a%%e)p% %o rape ,alou. -% (anno% .e overe)p*as&/e' %*a% pe%&%&oner
0as +ully (lo%*e' an' %*a% %*ere 0as no a%%e)p% on *&s par% %o un'ress
,alou, le% alone %ou(* *er pr&va%e par%. For )hat reason #etitioner )anted the
com#lainant unconscious, if that )as really his immediate intention, is any.o'y1s
2uess
- $ourt is not saying that #etitioner is innocent, under the #remises, of any
)rongdoing )hatsoever. *he information (led against #etitioner contained an
allegation that he forcefully covered the face of 8alou )ith a #iece of cloth soaked
in chemical. %nd during the trial, 8alou testi(ed about the #ressing against her face
of the chemical-soaked cloth and having struggled after #etitioner held her tightly
and #inned her do)n. 3er&ly, 0*&le %*e ser&es o+ a(%s (o))&%%e' .y %*e
pe%&%&oner 'o no% 'e%er)&ne a%%e)p%e' rape, they constitute un4us% ve5a%&on
#unishable as l&2*% (oer(&on under the second #aragra#h of %rticle 245 of the
Revised Penal $ode.
-*he information against #etitioner contains suIcient details to enable him to make
his defense. *here is no need to allege malice, restraint or com#ulsion in an
information for un&ust ve3ation. %s it )ere, un&ust ve3ation e3ists even )ithout the
element of restraint or com#ulsion for the reason that this term is broad enough to
include any human conduct )hich, although not #roductive of some #hysical or
material harm, )ould un&ustly annoy or irritate an innocent #erson. *he #aramount
"uestion is )hether the o;ender>s act causes annoyance, irritation, torment,
distress or disturbance to the mind of the #erson to )hom it is directed. *hat 8alou,
after the incident in "uestion, cried )hile relating to her classmates )hat she
#erceived to be a se3ual attack and the fact that she (led a case for attem#ted ra#e
#roved beyond cavil that she )as disturbed, if not distressed by the acts of
#etitioner.