Facts:

• Carlos Villamor was accused of multiple counts of rape against his niece, Efegin Villamor, who was 13 years old at the time of the complaint.
• The incidents occurred from September 1989 to October 1993 in Barangay Marintoc, Municipality of Mobo, Province of Masbate, Philippines.
• The information filed on December 23, 1993, did not state the age of the complainant, but the court ruled this as a mere technicality.
• The complainant testified that her uncle repeatedly raped her, starting when she was nine years old.
• She described the first incident where Villamor, armed with a bolo, removed her underwear, punched, and strangled her until she lost consciousness. Upon regaining consciousness, she found Villamor on top of her, consummating the act.
• This abuse continued for four years until October 30, 1993.
• The complainant confided in Donna Thelma Bongais, who reported the matter to the Department of Social Welfare and Development (DSWD).
• The DSWD took custody of the complainant, who was examined by Dra. Florenda D. Almero, confirming old-healed lacerations and a pregnancy.
• Villamor denied the charges, claiming the complainant fabricated the story due to hostility and inducement by Bongais.
• The trial court found the complainant's testimony credible and convicted Villamor of ten counts of rape, sentencing him to ten reclusion perpetua and ordering him to pay P500,000.00 in indemnity and support the offspring.
• Villamor appealed, questioning the sufficiency of evidence and the defect in the information.

Issue:

• (Unlock)

Ruling:

1. The trial court did not err in finding the accused guilty beyond reasonable doubt of ten counts of rape.
2. The failure to state the age of the complainant in the ...(Unlock)

Ratio:

• The Supreme Court affirmed the trial court's decision, emphasizing that the defect in the information regarding the complainant's age was a mere technicality and did not affect the validity of the conviction.
• The court noted that the crime occurred before the effectivity of Republic Act No. 7659, and the penalty for rape, whether committed using force or statutory rape, was reclusion perpetua.
• The court ruled that the information was not void but merely defective, and the defect was cured by evidence during the trial, with no objection from the defense.
• The court highlighted that the accused, being the complainant's uncle and living under the same roof, was aware of her age.
• The court found the complainant's testimony credible, straightforward, and convincing, dismissing the accused's defense of denial and fabrication.
• The court addressed the delay in reporting t...continue reading