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ART.

6 ATTEMPTED STAGE
PEOPLE VS. LIZADA  ATTEMPTED RAPE (no substantial proof of the
Plantiff-apellee vs. defendant-appellant other rapes that succeeded)
G.R. L-143468-71 JAN 24, 2003  penalty: prison correccional up to prison mayor
FACTS (6-12yrs)
1. ROSE married LIZADA in 1994 o this is two decrees lower than reclusion
a. Rose’s child (ANALIA) was sexually perpetua
abused by LIZADA “2x a week”
(according to the child)
2. ANALIA had enough – she reported the
incidents to the police and had medical
examination
3. LIZADA was found guilty of raping ANALIA (on 4
different counts from years 1996-1998)
4. BUT there was only one instance where there
was a witness of the “rape” in 1998
a. ROSSEL (9y/o brother of ANALIA) saw
ANALIA getting fingered by LIZADA in
her room
b. There was no evidence of sexual
penetration (Rossel said it was a finger,
not a penis that went inside of her)
5. TRIAL COURT rendered LIZADA guilty (death
penalty) so LIZADA appealed to higher courts

ISSUE: WON LIZADA is guilty of consummated acts (or


only up to the attempted stage of rape)? NO – only
attempted stage of rape

LAW: ATTEMPTED STAGE (ART. 4 or RPC)

APPLICATION OF LAW:
NO, LIZADA is not guilty of the consummated/frustrated
act of rape.
 LIZADA’s act was only attempted (fingering
stage, not sex) as seen by ROSE’s brother
 No criminal liability (attempted act, not frustrated
act)
o Frustrated = consummated/all acts were
executed
o Attempted = not all acts were completed
 APPELLANT can only be convicted of what he is
liable for (not the overt act of rape itself)
o Overt act = physical activity that
surpasses mere planning stage

ATEMPTED FELONY elements are the ff:


1) Offender commences the commission
a. There must be an EXTERNAL ACT and
DIRECT CONNECTION to the crime
intended to be committed
2) He does not perform all acts of execution that
produces the felony
3) The offenders act was not stopped due to his
own desistance
4) The non-performance of all acts was due to an
external desistance (not his own)