Case Digest (G.R. No. 108172-73)
Facts:
People of the Philippines v. Conrado Lucas y Briones, G.R. Nos. 108172-73, May 25, 1994, the Supreme Court First Division, Davide, Jr., J., writing for the Court.
The prosecution (the People) charged Conrado Lucas y Briones (accused-appellant) with two sex offenses arising from allegations by his daughter Chanda Lucas y Austria (complainant). On 16 February 1991 Chanda, then 17, gave a sworn statement accusing her father of attempted rape on 12 February 1991 and disclosed earlier sexual assaults beginning when she was nine. On 19 February 1991 Chanda, assisted by her mother Ofelia Austria‑Lucas, filed two separate criminal complaints with the Regional Trial Court (RTC) of Quezon City: Criminal Case No. Q-91-18465 for rape (alleged date in information: 26 November 1982) and Criminal Case No. Q-91-18466 for attempted rape (alleged date: 12 February 1991). The cases were assigned to Branch 104 and jointly tried after the accused pleaded not guilty.
At trial the prosecution presented the complainant Chanda, her sister Cynthia, and Dr. Emmanuel Aranas. Chanda testified she was raped by her father on 26 November 1983 (testimony) when she was about ten years old and repeatedly thereafter, the last rape occurring on 12 February 1991 when the accused allegedly threatened her with a balisong. Cynthia testified she witnessed the 26 November incident. Dr. Aranas examined Chanda on 16 February 1991 and reported healed lacerations and that she was not a virgin, but found no sperm or signs of recent trauma. The accused testified denying the charges and alleging family animus and quarrels.
On 28 October 1992 the RTC convicted the accused of two counts of rape and sentenced him to reclusion perpetua in both cases and ordered payment of P30,000 as damages (decision of Branch 104). The accused filed a notice of appeal on 4 November 1992 and brought...(Pro-only)
Issues:
- Did the trial court err in accrediting the testimony of the prosecution witnesses and thus in finding the accused guilty beyond reasonable doubt?
- Is the variance between the date alleged in the information (26 November 1982) and the date proved at trial (26 November 1983) fatal to the prosecution in Criminal Case No. Q‑91‑18465?
- May the accused be convicted of consummated rape when the information in Criminal Case No. Q‑91‑18466 charged attempted rape?
- What are the proper penalties and damages to be imposed in each case given the...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)