G.R. No. 137408-10 - People vs. Marquez

The case involves the conviction of accused Willy Marquez for three counts of rape committed against Maria Cristina Agustin, a five-year-old girl, allegedly occurring in October 1997 at Brgy. Bacayao, Municipality of Guimba, Nueva Ecija.
The three similarly worded informations state that on or about the month of October 1997, the accused, with a lewd design and by means of force and intimidation, forcibly dragged the minor victim to a banana plantation where he undressed her, spat on her vagina, and had carnal knowledge of her against her will.
In each instance, after perpetrating the act, the accused warned the child not to disclose what had happened, a fact which was later corroborated by her detailed testimony.
Medical evidence provided by Dr. Cora Lacurom revealed an old healed hymenal laceration, indicating that forced sexual intercourse could have taken place in or about October 1997.

At arraignment, the accused pleaded “not guilty” in all three counts.
The trial proceeded, and the Regional Trial Court (Branch 33, Guimba, Nueva Ecija) found the accused guilty of the three counts of rape.
The trial court initially imposed the death penalty for each count of rape, in accordance with Republic Act No. 7659, which provided for capital punishment only when the rape of a child below seven years of age was committed.
Additionally, the trial court ordered the accused to pay P150,000.00 as moral damages to the offended party.

Detailed and consistent testimony by the victim, Maria Cristina Agustin, describing the rape incidents, including the location (the banana plantation), the acts committed (undressing, spitting, and sexual intercourse), and the repeated nature of the offenses.
Medical findings supporting the occurrence of sexual abuse (healed hymenal laceration).
Circumstantial evidence establishing that the crimes occurred within the stipulated period.

Accused Willy Marquez presented an alibi, asserting that during daytime in October 1997 he was employed hauling palay hay for Honofre Arenas at Barangay Bacayao, Guimba, Nueva Ecija.
He further detailed his work schedule (from 6:00 a.m. to 5:30 p.m., with a break from 12:00 noon to 2:00 p.m.) and his activities during break time, which allegedly took place at a nearby workshop.
The accused did not file a motion for a bill of particulars to challenge the vague dating in the informations as provided under Rule 116, Section 10 of the Rules of Court.

The sole point raised on appeal was that the informations did not state precisely the dates and times of the rape, thereby rendering the charges constitutionally and procedurally infirm due to insufficient specificity.
The accused contended that such vagueness deprived him of an opportunity to prepare an adequate defense.
The defense argued that the alibi, if credible, would establish physical impossibility of his presence at the locus criminis during the alleged times of the offense.
The prosecution countered that the approximate timing as provided ("on or about the month of October 1997") was consistent with the statutory requirement under Rule 110, Section 11 and that any alleged defect was cured by the evidence presented during trial.

Whether the failure of the informations to state with precision the exact dates and times of the alleged crime constitutes a constitutional or procedural defect that would necessitate a quashal of the information.
Whether the accused’s alibi, which claims his presence at his place of work during the daytime of October 1997, effectively negates the possibility of his involvement in the crime considering the physical proximity of his workplace to the victim’s residence.
Whether the evidence as a whole, particularly the victim’s detailed and consistent testimony, suffices to meet the burden of proof beyond reasonable doubt in establishing the guilt of the accused.
Whether the imposition of the death penalty is proper, especially in light of the requirement of independent, competent evidence to prove that the victim was below seven years of age at the time of the rape.