G.R. No. L-24447 - People vs. Obsania

On November 22, 1964, Erlinda Dollente (14 years old) and her parents filed a complaint for rape with robbery in the Municipal Court of Balungao, Pangasinan, alleging that on November 21, 1964, between 2:00 and 3:00 p.m., in Sitio Cawakalan, Barrio Capulaan, Willy Obsania, armed with a dagger and by means of violence and intimidation, had carnal knowledge of Erlinda against her will.
During preliminary investigation, the robbery allegation was deleted by court order. The case was then remanded to the Court of First Instance (CFI) of Pangasinan, where the provincial fiscal filed an information for rape, incorporating the complaint’s allegations and adding that the offense was committed with “lewd designs.”

Upon arraignment, the accused pleaded not guilty. His counsel moved to dismiss the case on the ground that the original complaint failed to allege “lewd designs,” a purported jurisdictional requirement.
On January 8, 1965, the CFI granted the motion and dismissed the indictment for lack of jurisdiction. The People appealed to the Supreme Court.

Whether an allegation of “lewd designs” is an indispensable element that must be explicitly averred in a complaint for rape.
Whether the People’s appeal from the dismissal places the accused in double jeopardy.