PEOPLE OF THE PHILIPPINES, v. ZZZ
G.R. No. 232329, April 28, 2021
DOCTRINE
RA 835338 amending the RPC should now be uniformly applied in cases involving sexual intercourse committed against minors, and not Section 5 (b) of RA 7610. We declared that while RA 7610 has been considered as a special law that covers the sexual abuse of minors, RA 8353 has expanded the reach of our Rape laws. We thus clarified that these existing rape laws should not only pertain to the old Article 335 of the RPC but also to the provision on sexual intercourse under Section 5 (b) of RA No. 7610 which, applying the characterization in Quimvel v. People39 of a child "exploited in prostitution or subjected to other abuse," covers the rape of a minor.
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The date of Commission of the crime is not an essential element thereof. In fact, the specific Rule cited by accused-appellant states that "it is not necessary to state in the Information the precise date the offense was committed except when it is a material ingredient of the offense." The date of commission is not even an element of the crime of rape which elements are: (1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under [18] years of age at the time of the rape; (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim.
FACTS:
ZZZ was convicted with 2 counts of rape. He appealed and maintained his innocence and decried the decision despite the prosecution/s failure to establish with particularity the date of commission of the rape and inconsistent testimony of AAA and the penalty imposed should be that provided in Section s(b), Article III of RA 7610. The appellate court sustained the conviction.
ISSUE:
1. Did the Court err in its decisions despite the prosecution’s failure to establish with particularity the date of commission?
Should the accused be liable under RA 7610 instead of Article 266-B of the RPC?
RULING:
1. NO. It is not necessary to state in the Information the precise date the offense was committed except when it is a material ingredient of the offense." The date of commission is not even an element of the crime of rape.
An Information is valid as long as it distinctly states the elements of the offense and the acts or omission constitutive thereof. The exact date of the commission of a crime is not an essential element of the crime charged. In a prosecution for rape, the material fact or circumstance to be considered is the occurrence of the rape, not the time of its commission. The precise time of the crime has no substantial bearing on its commission. Therefore, it is not essential that it be alleged in the information with ultimate precision.
Also, it bears emphasis that objections as to the form of the complaint or information cannot be made for the first time on appeal. If appellant found the Information insufficient, he should have moved before arraignment either for a bill of particulars, for him to be properly informed of the exact date of the alleged rape; or for the quashal of the Information, on the ground that it did not conform with the prescribed form. As appellant failed to pursue either remedy, he is deemed to have waived objection to any formal defect in the Information.
2. NO. The Court recently settled in People v. Ejercito (Ejercito) that RA 8353 amending the RPC should now be uniformly applied in cases involving sexual intercourse committed against minors, and not Section 5 (b) of RA 7610. We declared that while RA 7610 has been considered as a special law that covers the sexual abuse of minors, RA 8353 has expanded the reach of our rape laws. We thus clarified that these existing rape laws should not only pertain to the old Article 335 of the RPC but also to the provision on sexual intercourse under Section 5 (b) of RA No. 7610 which, applying the characterization in Quimvel v. People of a child "exploited in prostitution or subjected to other abuse," covers the rape of a minor.
Article 266-A, paragraph 1(a) in relation to Article 266-B of the RPC, as amended by R.A. No. 8353, is not only the more recent law, but also deals more particularly with all rape cases, hence, its short title "The Anti-Rape Law of 1997." R.A. No. 8353 upholds the policies and principles of R.A. No. 7610, and provides a "stronger deterrence and special protection against child abuse," as it imposes a more severe penalty of reclusion perpetua under Article 266-B of the RPC.
