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	GR No. 174195 2008-12-10	PEOPLE v. CATALINO MINGMING Y DISCALSO BRION, J.
In making this conclusion, we are keenly aware that without proof of penetration, the crime committed may still constitute attempted rape or acts of lasciviousness.[67] Attempted rape, however, requires that the offender commence the commission of rape directly by overt acts but does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.[68] The prosecution must, therefore, establish the following elements of an attempted felony: The offender commences the commission of the felony directly by overt acts;