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NORBERTO CRUZ Y BARTOLOME, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

NORBERTO CRUZ Y BARTOLOME, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 166441 | 2014-10-08

FIRST DIVISION
 
D E C I S I O N

BERSAMIN, J.:

The intent of the offender to lie with the female defines the distinction between attempted rape and acts of lasciviousness. The felony of attempted rape requires such intent; the felony of acts of lasciviousness does not. Only the direct overt acts of the offender establish the intent to lie with the female. However, merely climbing on top of a naked female does not constitute attempted rape without proof of his erectile penis being in a position to penetrate the female's vagina.

The Case
 
This appeal examines the decision promulgated on July 26, 2004,whereby the Court of...