Case Digest (G.R. No. 140411-13)
Facts:
People of the Philippines v. Avelino Latag y Dita alias "Pauto", G.R. Nos. 140411-13, December 11, 2003, the Supreme Court En Banc, Panganiban, J., writing for the Court. The appellee is the People of the Philippines; the appellant is Avelino Latag (charged also in parallel proceedings with his brother).Appellant was charged by separate complaints dated June 24, 1997 with two counts of rape: one filed by AAA (alleging rape of a 12-year-old on or about April 5, 1997) and one by BBB (alleging rape of a 10-year-old sometime in April 1997). At arraignment on August 27, 1997, appellant pleaded not guilty to both charges. After trial, the Regional Trial Court (RTC) of Lipa City, Branch 12, rendered a May 10, 1999 decision acquitting appellant of the rape charge involving AAA but finding him guilty beyond reasonable doubt of qualified rape as to BBB and sentencing him to death; the RTC also ordered civil indemnities and damages.
The prosecution’s case rested on BBB’s testimony describing nocturnal sexual assault in April 1997 and on a medico-legal examination by Dr. Alex Agato on May 8, 1997 that found an absent hymen and signs consistent with penetration. The defense presented an alibi and denial, asserting appellant lived elsewhere during the relevant period and disputing the family’s reports. On automatic review to the Supreme Court (because the RTC imposed the death penalty), briefs were filed by both sides and the case was submitted for decision on September 9, 2002.
Issues:
- Was the Information in Criminal Case No. 0460-97 fatally insufficient for failing to state the precise date of the alleged rape, in violation of the accused’s right to be informed of the nature and cause of the accusation?
- Could the trial court impose the death penalty when the Information failed to allege appellant’s relationship to the victim as a qualifying circumstance?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)