G.R. No. 187485 - Commissioner of Internal Revenue vs. San Roque Power Corp.

Background of the Case
Appellant Dante Cubay y Ugsalan was charged and convicted for forty-four (44) counts of rape committed against AAA, an 18-year-old congenital deaf-mute with profound hearing impairment and low formal sign language proficiency.
The incidents allegedly occurred on specific dates from September 7, 2007 to January 18, 2008, at the Special Education Dormitory (SPED) in Bukidnon where AAA resided during school days.
Appellant was the school watchman assigned to the elementary school, SPED Center, and dormitory where the complainant lived; his wife was the dormitory caretaker.
On arraignment, appellant pleaded not guilty; the cases were consolidated for trial.

Prosecution Evidence
Complainant AAA testified with the aid of sign language interpreters that appellant forcibly raped her multiple times in her dormitory room during school nights between September 2007 and January 2008.
Complainant pushed appellant but was unable to prevent the acts. She was pregnant from the assault and gave birth in June 2009.
Medical examination by Dr. Rubee Ann Go-Gotil revealed old healed hymenal lacerations and confirmed pregnancy.
The prosecution presented documentary evidence including medical and sworn statements.
Testimonies from SPED teachers, aunts, and sign language experts supported the victim’s narrative and her condition as a deaf mute.

Defense Evidence
Appellant admitted having sexual intercourse with complainant but claimed it was consensual and that they were lovers.
He contended complainant initiated emotional and physical intimacy, including visits to his quarters, gifts, and consented acts.
Appellant asserted complainant only filed charges due to family pressure regarding her pregnancy.
Defense presented physical evidence such as a stuffed toy, a watch, and a picture allegedly given by the complainant.
Appellant’s wife and a cousin testified about the nature of the relationship.

Lower Court and Court of Appeals Decisions
The Regional Trial Court convicted appellant of forty-four counts of rape, sentenced him to reclusion perpetua each count, ordered damages, recognition and support of the child, and directed where he is to serve his sentence.
The Court of Appeals affirmed the conviction on November 24, 2015.

Informations did not sufficiently allege the element of force or intimidation.
Complainant’s testimony was uncorroborated, implausible, and unreliable due to communication difficulties and bias of interpreters.
The acts were consensual as complainant was of legal age and mentally capable.

The Office of the Solicitor General maintained the conviction was supported by the evidence beyond reasonable doubt.
The Supreme Court, however, found the Informations did not allege the element of force or intimidation necessary to charge rape validly.

Whether the Informations validly charged appellant with the offense of rape by sufficiently alleging all the essential elements, including force or intimidation.
Whether the prosecution was able to prove beyond reasonable doubt that appellant committed the forty-four counts of rape.