consummation of the design. It is sufficient if it was the "first or some subsequent step
in a direct movement towards the commission of the offense after the preparations are
made." The act done need not constitute the last proximate one for completion. It is
necessary, however, that the attempt must have a causal relation to the
intended crime. In the words of Viada, the overt acts must have an immediate
and necessary relation to the offense. (Bold emphasis supplied)
chanroble svirtual lawlib rary
In attempted rape, therefore, the concrete felony is rape, but the offender does not
perform all the acts of execution of having carnal knowledge. If the slightest
penetration of the female genitalia consummates rape, and rape in its attempted stage
requires the commencement of the commission of the felony directly by overt
acts without the offender performing all the acts of execution that should produce the
felony, the only means by which the overt acts performed by the accused can be shown
to have a causal relation to rape as the intended crime is to make a clear showing of his
intent to lie with the female. Accepting that intent, being a mental act, is beyond the
sphere of criminal law,23 that showing must be through his overt acts directly connected
with rape. He cannot be held liable for attempted rape without such overt acts
demonstrating the intent to lie with the female. In short, the State, to establish
attempted rape, must show that his overt acts, should his criminal intent be carried to
its complete termination without being thwarted by extraneous matters, would ripen
into rape,24 for, as succinctly put in People v. Dominguez, Jr.:25 "The gauge in
determining whether the crime of attempted rape had been committed is the
commencement of the act of sexual intercourse, i.e., penetration of the penis into the
vagina, before the interruption."
cralawred
The petitioner climbed on top of the naked victim, and was already touching her
genitalia with his hands and mashing her breasts when she freed herself from his
clutches and effectively ended his designs on her. Yet, inferring from such
circumstances that rape, and no other, was his intended felony would be highly
unwarranted. This was so, despite his lust for and lewd designs towards her being fully
manifest. Such circumstances remained equivocal, or "susceptible of double
interpretation," as Justice Recto put in People v. Lamahang, supra, such that it was not
permissible to directly infer from them the intention to cause rape as the particular
injury. Verily, his felony would not exclusively be rape had he been allowed by her to
continue, and to have sexual congress with her, for some other felony like simple
seduction (if he should employ deceit to have her yield to him)26 could also be ultimate
felony.
We clarify that the direct overt acts of the petitioner that would have produced
attempted rape did not include equivocal preparatory acts. The former would have
related to his acts directly connected to rape as the intended crime, but the latter,
whether external or internal, had no connection with rape as the intended crime.
Perforce, his perpetration of the preparatory acts would not render him guilty of an
attempt to commit such felony.27 His preparatory acts could include his putting up of
the separate tents, with one being for the use of AAA and BBB, and the other for
himself and his assistant, and his allowing his wife to leave for Manila earlier that
evening to buy more wares. Such acts, being equivocal, had no direct connection to
rape. As a rule, preparatory acts are not punishable under the Revised Penal Code for
as long as they remained equivocal or of uncertain significance, because by their