Cited Laws
TL;DR — Ruling
WHEREFORE, pursuant to Section 2, Rule 133 of the Rules of Court, and applying Article 335 of the Revised Penal Code as amended by Republic Act Nos. 2632, 4111 and 7659, respectively, in relation to Article 63 thereof, the Court finds the accused EDGARDO MAURO, a native of Llanera, Nueva Ecija GUILTY beyond reasonable doubt, of three (3) counts of rape, and hereby sentences him to suffer the penalties of RECLUSION PERPETUA relative to Crim. Case No. T-2008, RECLUSION PERPETUA in regard to Crim.
WHEREFORE, pursuant to Section 2, Rule 133 of the Rules of Court, and applying Article 335 of the Revised Penal Code as amended by Republic Act Nos. 2632, 4111 and 7659, respectively, in relation to Article 63 thereof, the Court finds the accused EDGARDO MAURO, a native of Llanera, Nueva Ecija GUILTY beyond reasonable doubt, of three (3) counts of rape, and hereby sentences him to suffer the penalties of RECLUSION PERPETUA relative to Crim. Case No. T-2008, RECLUSION PERPETUA in regard to Crim. Case No. T-2009, and DEATH with respect to Crim. Case No. T-2010; to indemnify complainant AAA of Brgy. Libertad , Tayug, Pangasinan for damages in the negotiated sum of P 125,000.00; to support their common offspring; and to pay the costs. [11] Appellant seeks reversal of the decision of the trial court contending that: FIRST ASSIGNMENT OF ERROR THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT FOR THREE (3) COUNTS OF RAPE DESPITE FAILURE OF THE PROSECUTION TO DEFINE OR INCLUDE IN THE FIRST TWO INFORMATIONS THE PARTICULAR DATES DURING 1992 AND 1993 WHEN THE OFFENSE WERE ALLEGEDLY COMMITTED; SECOND ASSIGNMENT OF ERROR THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT FOR THREE (3) COUNTS OF RAPE DESPITE FAILURE OF THE PROSECUTION TO PRESENT EVIDENCE TO PROVE BEYOND REASONABLE DOUBT THE RAPE COMMITTED IN JANUARY 1997. On the first assignment of error, appellant avers that he was deprived of his right to be informed of the nature of the charges against him in Criminal Cases Nos. 2008 and 2009. The phrases sometime during the year 1992 and sometime during the year 1993 in both informations are not sufficiently explicit enough and certain as to the date of the commission of said crimes. Appellant cited another ruling in People vs. Ladrillo , [12] to buttress his contention. The Court does not agree with appellant. Section 10, Rule 110 of the Revised Rules of Criminal Procedure reads: Section 10. Date of the Commission of the Offense . - It is not necessary to state in the complaint or information the precise date the offense was committed except when it is material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. [13] The Court held in People vs. Lizada [14] that the precise date of the commission of the crime of rape is not an essential element of the crime. Failure to specify the exact date when the rape was committed does not render the information ipso facto defective. After all, the gravamen of the crime is carnal knowledge of private complainant under any of the circumstances enumerated under Article 335 of the Revised Penal Code, as amended. The Court ruled that as long as it is alleged in the Information that the offense was committed at any time as near to the actual date when the offense was committed, an information is sufficient. Citing its ruling in People vs. Salalima , [15] the Court held: Failure to specify the exact dates or time whe