Case Digest (G.R. No. 143143-44)
Facts:
People of the Philippines v. Alberto Gonzales Jr., G.R. Nos. 143143-44, January 15, 2002, the Supreme Court Third Division, Panganiban, J., writing for the Court.
The accused-appellant is Alberto Gonzales Jr.; the prosecution is the People of the Philippines. On March 4, 1998 two separate but identically worded Informations (Criminal Case Nos. 3514 and 3515) were filed charging Gonzales with rape of Maria Anub y Mangadan on about January 26, 1998. The Informations alleged intercourse by force and intimidation and, after presentation of a certified birth certificate, were amended on April 13, 1998 to change the victim’s age from 15 to 16.
Upon arraignment on March 19, 1998, Gonzales, represented by counsel, pleaded not guilty to both Informations. Pre-trial orders of the trial court (dated March 19 and April 2, 1998) and an April 22, 1998 order admitting the amended Informations show separate docketing and arraignment for each case. No objection to the motion to admit the amended Informations was interposed by defense counsel.
At trial the prosecution presented the victim’s testimony that Gonzales called her to his house, turned off the lights, forced her to the floor, covered her mouth, threatened to cut off her head and had sexual intercourse with her twice. The victim’s outcry and demeanor were corroborated by neighbor Regino Bravo and by her employers; a medico-legal examination by Dr. Tomas D. Suguitan (examined January 28, 1998) disclosed an elastic hymen with shallow healed lacerations at 3, 6 and 8 o’clock positions compatible with recent loss of virginity and consistent with penile insertion. The investigating officer prepared statements; the prosecution explained marginal corrections and a retyped version.
The defense called Gonzales, who denied rape and testified that the victim voluntarily massaged him, that he was with friends earlier, that his bedridden mother and son were in the house that night, and that the victim later admitted she had not been abused and had been induced to file the complaint. Defense witnesses placed Gonzales at home that evening; the defendant submitted a sketch and a written account prepared while in detention.
The Regional Trial Court, Branch 76, San Mateo, Rizal, convicted Gonzales of two counts of rape in Criminal Case Nos. 3514 and 3515, sentenced h...(Subscriber-Only)
Issues:
- Was the conviction for two counts of rape proper where the Informations were allegedly defective because they each purported to charge only a single rape?
- Did the trial court err in convicting appellant despite alleged inconsistencies in the victim’s statements and the defense’s claim ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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