STAGES

ARSON

consummated - once a part of the building is burned.

frustrated- It has been ruled that if the accused lit certain materials but no part of the building as burned

attempted - if there was no material which was as yet lit.

Thus one who places sacks soaked in gasoline near the post and lit it but no part of the building was burned, committed frustrated arson. (US VS. Valdes)


RAPE

consummated - slightest penetration of the female genitalia 

frustrated - physical impossibility

attempted -  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 (Cruz Vs. People. Gr. No. 166441)

  • Sexual intercourse with a woman below 12 years of age, whether she consented to it or not, is punishable as rape under our laws.
  • Rape and acts of lasciviousness are crimes of the same nature. However, the intent to lie with the woman is the fundamental difference between the two, as it is present in rape or attempt of it, and absent in acts of lasciviousness. (People VS. Banzuela)

  • The absence of spermatozoa is not a negation of rape. The presence or absence of spermatozoa is immaterial since it is penetration, not ejaculation, which constitutes the crime of rape. (People VS. Sanico)

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