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ADELMO PEREZ Y AGUSTIN v. CA

This case has been cited 1 times or more.

2010-09-15
CARPIO MORALES, J.
Petitioner cites Perez v. Court of Appeals[14] which held: Petitioner's acts of lying on top of the complainant, embracing and kissing her, mashing her breasts, inserting his hand inside her panty and touching her sexual organ, while admittedly obscene and detestable acts, do not constitute attempted rape absent any showing that petitioner actually commenced to force his penis into the complainant's sexual organ. Rather, these acts constitute acts of lasciviousness. x x x.[15]  (Emphasis and underscoring supplied)