The People of the Philippines vs. Gualberto Cinco y Soyosa

G.R. No. 186460, December 4, 2009; per Chico-Nazario, J.

Facts

An information was filed before the RTC accusing appellant of acts of lasciviousness. Subsequently, two separate informations were filed with the RTC charging appellant with rape. After trial, the RTC rendered a Decision convicting appellant of rape in Criminal Case Nos. Q-99-89097 and Q-89098. Appellant appealed to the Court of Appeals. The CA promulgated its Decision affirming in toto the RTC Decision.

Appellant maintains that the approximate times and dates of the commission of the offense must be stated in the informations; that the informations in the instant cases do not state the approximate times and dates of the alleged rapes; that although AAA testified that the first rape occurred nearly before All Saints Day of 1998, the information in Criminal Case No. Q-89098, nonetheless, states that such incident transpired on 1 November 1998; that the informations are fatally defective; that the times and dates of the alleged rapes are so indefinite, thereby depriving appellant of the opportunity to prepare for his defense; that appellant’s constitutional right to be informed of the nature and cause of the accusation against him was violated; and that by reason of the foregoing, appellant is entitled to an acquittal.

Issue

Whether or not the trial court gravely erred in not finding the informations under Criminal Case Nos. Q-99-89097 and Q-99-89098 as insufficient to support a judgment of conviction

Ruling

The Supreme Court ruled that in rape cases, failure to specify the exact dates or times when the rapes occurred does not ipso facto make the information defective on its face. The date or time of the commission of rape is not a material ingredient of the said crime because the gravamen of rape is carnal knowledge of a woman through force and intimidation. The precise time when the rape took place has no substantial bearing on its commission. The date or time need not be stated with absolute accuracy. It is sufficient that the complaint or information states that the crime has been committed at any time as near as possible to the date of its actual commission.