Case Digest (G.R. No. 210430)
Facts:
People of the Philippines v. Ronald Nical y Alminario, G.R. No. 210430, February 18, 2015, Supreme Court Third Division, Reyes, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Ronald Nical y Alminario.The Information dated August 28, 2007 charged the accused with rape for an incident on August 23, 2007 in Dasmariñas, Cavite, alleging carnal knowledge of the victim AAA by “means of force, violence and intimidation.” The accused pleaded not guilty. At trial before the Regional Trial Court (RTC), Branch 90, Dasmariñas, the prosecution presented AAA and Dr. Angelito Magno, the gynecologist who examined her; the accused testified on his own behalf. AAA recounted that the accused entered her locked room with a key, forcibly embraced and pushed her against a wall causing her to hit her head and become dizzy; after fleeing and being chased, she lost consciousness and later woke up naked with the accused on top of her and felt pain from penile penetration. Dr. Magno found no fresh lacerations or bleeding and noted the hymen was not intact but did not exclude recent sexual abuse.
In its June 5, 2009 Decision, the RTC found the accused guilty beyond reasonable doubt of rape under Article 335 (as then codified) and sentenced him to reclusion perpetua and awarded P50,000 civil indemnity, P50,000 moral damages and P25,000 exemplary damages. The accused appealed to the Court of Appeals (CA), which on April 26, 2013 affirmed the conviction but modified exemplary damages to P30,000 and added 6% interest per annum on all monetary awards from ...(Subscriber-Only)
Issues:
- Did the trial and appellate courts violate the accused’s right to due process by convicting him on a theory (victim unconscious) not alleged in the Information?
- Does the absence of medical findings of laceration, bleeding or other physical injury preclude a conviction for rape?
- Were the penalties and monetary damages imposed ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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