G.R. No. 172321 - People vs. Dadulla y Capanas

PEOPLE OF THE PHILIPPINES, plaintiff-appellee; RENATO DADULLA Y CAPANAS, defendant-appellant.
Appeal from CA decision promulgated January 20, 2006 in C.A.-G.R. CR.-H.C. No. 01021 affirming and modifying RTC, Branch 272, Marikina City, convictions in Criminal Case Nos. 98-2304-MK and 98-2305-MK.

Criminal Case No. 98-2304-MK: Information dated January 28, 1998 charging rape on or about January 15, 1998, alleging carnal knowledge of AAA by means of threats, force and intimidation.
Criminal Case No. 98-2305-MK: Information dated January 28, 1998 charging attempted rape on or about January 22, 1998, alleging use of force, violence and intimidation with lewd design, commencing rape but not consummated due to causes other than spontaneous desistance.

AAA testified she awoke on January 15, 1998 to find her father undressing her, that he wielded a bladed weapon and threatened to kill her if she shouted, forcibly kissed her, groped her breasts and private parts, and had carnal knowledge of her.
AAA testified the accused first sexually abused her on February 14, 1992.
On January 22, 1998, AAA testified she awoke to find her shorts unzipped and unbuttoned, that her father was touching her, that she covered herself with a blanket, that he removed the blanket, tried to unzip her shorts and attempted to pull her from under the bed, and that she evaded him and remained hidden until morning.
BBB, AAA's younger sister, testified she heard the accused tell AAA “Tumigil ka na nang kaiiyak, wala ka nang pakinabang,” and later observed the accused about to leave the house and heard him tell AAA to leave.
AAA and relatives reported the incidents to their uncle CCC, complained at the barangay, and underwent physical and genital examinations at Camp Crame showing a deep healed hymenal laceration at five o’clock position (Exhibit B).

The accused denied molesting AAA, alleged that on January 15, 1998 AAA and BBB were out from about 6:30 p.m. to 11:00 p.m., and claimed on January 22–23 he only scolded AAA and struck her face at about 4:00 a.m. of January 23, 1998 and told her to leave the house.
The accused asserted AAA had prior sexual relations, alleging rape by Joel Cloma in 1992 and by another man in 1993.

On March 24, 1999 the RTC found the accused guilty of rape in Criminal Case No. 98-2304-MK and imposed the death penalty; ordered P50,000.00 civil indemnity and P20,000.00 moral damages to AAA.
The RTC found the accused guilty of attempted rape in Criminal Case No. 98-2305-MK and imposed an indeterminate penalty of four years, nine months, and eleven days of prision correccional as minimum to five years, four months, and twen...(Subscriber-Only)

Whether the accused was properly convicted and sentenced for the offenses charged as modified by the CA.
Whether the failure of the information to allege the qualifying circumstance of relationship precluded conviction for qualified rape and affected the proper penalty.
Whether the acts of January 22, 1998 constituted attempted rape or only acts of lasciviousness.
Whether the indeterminate penalty imposed by the RTC complied with the *Indeterminate Sentence Law* and should be revised.
Whether the RTC’s failure to state clearly and distinctly facts and law violated constitutional and procedural requireme...(Subscriber-Only)