Case Digest (G.R. No. 91158)
Facts:
People of the Philippines v. Felipe Sangil y Velisario, G.R. No. 91158, May 08, 1992, Supreme Court First Division, Grino-Aquino, J., writing for the Court. The case concerns the conviction for rape of Felipe Sangil y Velisario (accused-appellant) on the complaint of his daughter Joselin (Joselyn) Sangil (complainant-victim).On January 27, 1989, Joselin gave a vernacular "sinumpaang salaysay" to the Municipal Police of Calumpit in which she stated she was raped twice by her father — first in September 1983 (when she was 13) and again in November 1984. On February 2, 1989, she signed an English criminal complaint before Municipal Judge Celerina B. Caluag that specifically accused her father of rape in November 1984. On March 31, 1989, the Assistant Provincial Prosecutor filed an information charging Felipe Sangil with rape as defined in Article 335 of the Revised Penal Code, alleging an act in September 1983.
The Regional Trial Court (RTC), Malolos, Bulacan, Branch 15 (Judge Carlos C. Ofilada), tried the case. At trial Joselin and three sisters testified to repeated acts of sexual assault by their father at home; medical testimony (Dr. Fe Mesina) corroborated that the sisters were no longer virgins and that hymenal lacerations could have been old. The accused denied the allegations. On September 28, 1989 the RTC found the accused guilty beyond reasonable doubt and sentenced him to "life imprisonment" and ordered payment of P30,000 damages.
Felipe Sangil appealed to the Supreme Court, challenging only the trial court's jurisdiction on the ground that the sworn complaint filed before the municipal judge named November 1984 as the date of rape and thus, he argued, did not authorize prosecution for the Se...(Subscriber-Only)
Issues:
- Did the trial court acquire jurisdiction to prosecute the accused for the September 1983 rape despite the English complaint dated February 2, 1989 alleging rape in November 1984?
- Was the penalty imposed by the RTC proper, and if not, what is the correct pe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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