Sixteen year old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking- the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter’s room naked.
Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst’s former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards.
Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan’s identical twin brother, had committed rape.
(a) A criminal complaint for attempted rape with homicide was brought against Aliswan in the Prosecutor’s Office. However, after preliminary investigation, the Investigating Prosecutor recommended the filing of two separate informations – one for attempted rape and the other for homicide. Do you agree with the recommendation? Explain your answer. (3%)
(b) Before the trial court, Aliswan moved that the cases should be dismissed because he was entitled to the exempting circumstance of minority. Is his motion correct? Explain your answer. (3%)
(c) After receiving medical attendance for 10 days, Alisto consulted you about filing the proper criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain your answer. (3%)
(d) Answering the criminal complaint filed by Alisto, Amante contended that he had incurred no criminal liability for lack of criminal intent on his part, his intended victim being Aliswan, not Alisto. What is this defense of Amante, and explain if the same will prosper? (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) Separate charges apply, but the crime is acts of lasciviousness; (b) no, Aliswan's motion is wrong; (c) Amante is liable for physical injuries and slander by deed; and (d) error in personae fails.
Desistance leaves acts of lasciviousness, uncomplexable with homicide. Under RA 9344, a 16-year-old is exempt only without discernment. Public shaming is slander by deed, and 10-day harm is physical injuries. Error in personae does not negate liability.
Here, undressing Amethyst erases rape intent. Aliswan's minority requires proving lack of discernment. Amante assaulting Alisto and showing a tarpaulin constitutes physical injuries and slander by deed. Mistaking Alisto for Aliswan is error in personae.
Consequently, separate charges apply, minority does not dismiss cases, Amante is liable, and error in personae fails.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What crime is committed when an offender forcibly undresses a victim but voluntarily desists before attempting carnal knowledge?
Spontaneous desistance negates attempted rape, leaving the offender liable for acts of lasciviousness for the prior forcible undressing.
Is a sixteen-year-old offender automatically exempt from criminal liability upon filing a motion to dismiss?
Under RA 9344, a minor above 15 but below 18 is exempt from criminal liability only if he acted without discernment.
What crime is committed by physically knocking a victim unconscious and publicly draping him with a defamatory sign?
Inflicting physical harm requiring ten days of medical care constitutes physical injuries, while public shaming constitutes slander by deed.
How does the defense of error in personae affect an offender's criminal liability under Article 4(1) of the RPC?
Under Article 4(1) of the RPC, committing a felony resulting in an act different from intended (error in personae) does not relieve liability.
Why can acts of lasciviousness committed against one victim not be complexed with homicide committed against another victim?
Under Article 48 of the RPC, complexing requires a single act producing two grave felonies or one offense being a necessary means to commit another.
Learn more about these topics
1. Desistance in Rape
Under Article 6 of the Revised Penal Code, spontaneous desistance before the performance of all acts of execution negates criminal liability for the attempted felony. When an offender forcibly undresses a victim but voluntarily desists from committing rape due to a sudden change of heart before performing acts directly aimed at carnal knowledge, the crime of attempted rape is negated. The remaining acts of forcibly undressing the victim constitute acts of lasciviousness under Article 336. Moreover, acts of lasciviousness and homicide committed against different victims in separate locations cannot be complexed into a single offense.
2. Minority Exemption Rules
Under Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, a child in conflict with the law who is over fifteen years of age but below eighteen is exempt from criminal liability only if it is proven that he acted without discernment. Minority is not an absolute ground for the dismissal of criminal charges upon mere motion. Instead, discernment must be evaluated during trial or preliminary investigation, and if the minor acted with discernment, he remains criminally liable, subject to a privileged mitigating circumstance.
3. Error in Personae
Under Article 4, paragraph 1 of the Revised Penal Code, criminal liability is incurred by any person committing a felony, although the wrongful act done be different from that which he intended. Mistaking one person for another, or error in personae, does not relieve the offender of criminal liability. When an attacker assaults an innocent twin brother believing him to be the intended victim, the mistake in identity neither negates criminal intent nor exempts the perpetrator from criminal prosecution for physical injuries and slander by deed.