D E C I S I O N
VITUG, J.:
In People vs. Orita,1 [184 SCRA 105.] this Court has declared that the crime of frustrated rape is non-existent. The pronouncement, notwithstanding, on 01 March 1996, more than six years after the promulgation of the decision in Orita, the Regional Trial Court ("RTC") of Cebu City, Branch 14, has convicted accused Agapito Quiñanola y Escuadro and Eduardo Escuadro y Floro, herein appellants, of the crime of frustrated rape, principally on the strength of People vs. Eriñia2 [50 Phil. 998.] which this Court, in the Orita decision, has considered to be a "stray" decision. The 1st March...
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