Case Digest (G.R. No. L-34644)
Facts:
The People of the Philippines v. Nicanor Alvarez, G.R. No. L-34644, January 17, 1974, Supreme Court Second Division, Fernando, J., writing for the Court. The plaintiff-appellee was The People of the Philippines; the defendant-appellant was Nicanor Alvarez.
On May 11, 1970 an information was filed charging Alvarez with rape allegedly committed "on or about June 6, 1969" at his house in Naga City. The information alleged that Alvarez, with lewd designs, raped a 13‑year‑old virgin, his sister‑in‑law, by putting himself atop her while she slept. At the trial the prosecution presented two witnesses: Dr. Honesto Marco, who examined the complainant on January 23, 1970 and issued a certificate noting her advanced pregnancy, and the complainant herself, whose testimony recounted that she had been at Alvarez’s house from about 5:00 p.m. to the next morning to take care of his infant son, that Alvarez returned about 9:00 p.m., and that she was raped while she slept in the sala about six meters from Alvarez’s wife and child.
The complainant testified that she resisted but could not overcome Alvarez’s strength, that she shouted only after the act and called to Alvarez’s wife although the latter did not awaken or protest, that Alvarez threatened to kill her if she revealed the incident, and that she told her parents only in January 1970; a child was born on March 15, 1970. Alvarez testified in his own behalf and, as the Court recounts, admitted taking advantage of the complainant’s youth and his moral ascendancy over her.
The trial court, by judgment dated November 18, 1970, found Alvarez guilty beyond reasonable doubt of rape and sentenced him to reclusion perpetua. Appellant appealed to the Supreme Court. After consideration...(Pro-only)
Issues:
- Was the conviction for rape supported by evidence that established guilt beyond reasonable doubt?
- If the evidence did not sustain rape, could Alvarez be held criminally liable for qualified seduction based on the facts charged...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)