Case Digest (G.R. No. L-35241)
Facts:
- Case: People vs. Velasquez, G.R. No. L-35241, decided on February 28, 1983.
- Appellant: Servillano Velasquez, accused of rape.
- Location: Licab, Nueva Ecija.
- Complainant: Remedios Domingo, a housemaid for Velasquez's sister, Cecilia Velasquez.
- Incident Date: February 9, 1966; Remedios alleged that Velasquez entered her room, threatened her with a bladed weapon, and coerced her into sexual intercourse.
- Allegations included two subsequent assaults.
- Remedios became pregnant and gave birth on December 22, 1966.
- Initial complaint filed for "seduction or rape"; formal information for rape filed on October 20, 1967.
- The trial court convicted Velasquez of qualified seduction and imposed an indeterminate penalty.
- The Solicitor General appealed, arguing for a conviction of rape, leading to Supreme Court review.
Issue:
- (Unlock)
Ruling:
- The Supreme Court reversed and set aside the lower court's decision.
- Servillano Velasquez was acquitted of both rape and qualified seduction due to insuf...(Unlock)
Ratio:
- The Supreme Court found that the trial court erred in convicting Velasquez of qualified seduction, as the information lacked essential elements such as the complainant's virginity and age.
- Convictions must be based on the allegations in the information; discrepancies cannot justify a conviction.
- The complainant's testimony lacked corroboration and was inconsistent.
- The absence of physical injuries, lack of immediate outcry, and failure to report ra...continue reading
Case Digest (G.R. No. L-35241)
Facts:
In the case of People vs. Velasquez, G.R. No. L-35241, decided on February 28, 1983, the appellant, Servillano Velasquez, was accused of the crime of rape. The incident occurred in Licab, Nueva Ecija, where the complainant, Remedios Domingo, worked as a housemaid for Velasquez's sister, Cecilia Velasquez. On the night of February 9, 1966, Remedios alleged that Servillano entered her room while she was asleep, threatened her with a bladed weapon, and coerced her into sexual intercourse. This alleged assault reportedly happened on two subsequent nights as well. Following these events, Remedios became pregnant and gave birth on December 22, 1966. Initially, the case was filed as a complaint for "seduction or rape" with the Office of the Provincial Fiscal, leading to an information for rape being formally filed on October 20, 1967. The trial court, however, found Velasquez guilty of qualified seduction and imposed an indeterminate penalty. This conviction prompted an appeal, with the Solicitor General arguing that the evidence warranted a conviction for rape, resulting in the case being certified to the Supreme Court for review.
Issue:
- Did the trial court err in convicting Servillano Velasquez of qualif...