Case Digest (G.R. No. 128888)
Facts:
People of the Philippines v. Charito Isug Magbanua, G.R. No. 128888, December 03, 1999, Supreme Court En Banc, Kapunan, J., writing for the Court. The case is before the Court on automatic review of a capital conviction.On 29 May 1996 an Information charged Charito Isug Magbanua with rape allegedly committed “sometimes on the year 1991 and the days thereafter” upon his daughter Poblica Magbanua. At arraignment on 23 July 1996 appellant pleaded not guilty and the case proceeded to trial before the Regional Trial Court of San Jose, Occidental Mindoro, Branch 46 (presided by Executive Judge Ernesto P. Pagayatan). The trial court found appellant guilty and, in a Decision dated 27 February 1997, sentenced him to death and ordered indemnity of P50,000.00.
At trial the prosecution presented three witnesses: the victim Poblica (who testified she was first raped at about age 13 in 1991 and thereafter repeatedly until she became pregnant and delivered on 15 November 1995), her uncle Leonilo Magbanua (who helped her file the complaint), and Dr. Arlene Sy (who examined Poblica in February 1996 and found a widened vaginal introitus and cervicitis). Appellant testified in denial, claimed another man named “Ricky Pacaul” was responsible, admitted he did not investigate that lead, and offered no corroborating proof; his wife refused to testify for him.
Appellant appealed to the Supreme Court by way of automatic review. He argued (1) the Information was fatally defective for failing to state the precise date(s) of the offense, thus denying him the opportunity to prepare his defense; ...(Pro-only)
Issues:
- Was the Information fatally defective for failing to state the precise date(s) of the alleged rapes, thereby warranting dismissal or reversal?
- Could the penalty of death under Republic Act No. 7659 be imposed on appellant given the dates alleged in the Information and the absence of pleaded qua...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)