Case Digest (G.R. No. L-32267-70)
Facts:
Pedro Barba, Petitioner, vs. The People of the Philippines, Respondent, G.R. Nos. L-32267-70, March 26, 1979, First Division, Fernandez, J., writing for the Court.The petitioner, Pedro Barba, was charged in four separate informations (Criminal Cases Nos. 2117–2120) filed in the Court of First Instance of Catanduanes alleging that on various dates between October and December 1968 he "by means of force, threat and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge" of Leny Trampe. Each information alleged rape committed by force and intimidation within the trial court's jurisdiction.
After a joint trial on the four informations, the trial court found that Leny, a fifteen‑year‑old girl, had engaged in sexual relations with a man and later bore a child; Leny pointed to the petitioner as responsible. The lower court expressed doubt that the acts were accomplished by force or intimidation given the location and circumstances, and concluded that the relations were consensual and constituted seduction rather than rape. Treating the multiple instances as incidents of a continuing single offense, the trial court convicted Barba of simple seduction and sentenced him "to suffer the penalty of six (6) months imprisonment and the costs."
Barba filed a petition for certiorari in the Supreme Court assailing the lower court's joint decision and conviction for simple seduction on the ground that the informations charged rape by force and intimidation ...(Subscriber-Only)
Issues:
- Whether the informations charging rape by means of force and intimidation necessarily included the offense of simple seductio...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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