Case Summary (G.R. No. 139416)
Factual Background
On November 2, 1995, at approximately 10:00 PM, Marina, who was only ten years old at the time, was allegedly raped by her stepfather, Ernesto Hermanes. The incident occurred in the shared residence of the accused and his wife. Marina testified that on the night of the incident, she was lying in her bedroom when Hermanes entered, undressed her, and forcibly had sexual intercourse with her, despite her protests.
Initial Reporting and Legal Proceedings
The following morning, Marina informed a barangay official, Soltero Salubre, about the rape. Salubre then took her to the Department of Social Welfare and Development (DSWD) Office. Marina was subsequently placed in the custody of the DSWD Home for Girls. A medical examination performed by Dra. Rusela Grapa revealed that Marina had hymenal lacerations consistent with sexual intercourse, which were identified as fresh injuries, suggesting the rape occurred within 24 to 48 hours prior to the examination.
Change of Plea and Trial Developments
Initially pleading not guilty, Hermanes later expressed a desire to change his plea to guilty. The trial court allowed this but continued to allow the prosecution to present evidence to establish the degree of the accused's culpability. Eventually, Hermanes reverted to his not guilty plea, asserting that he was intoxicated during the incident and that he sought executive clemency.
Trial Court’s Decision
On March 19, 1999, the trial court convicted Hermanes of qualified rape and sentenced him to death. The conviction was based on credible testimony from the minor victim and physical evidence pointing toward the occurrence of the rape.
Grounds for Appeal
Hermanes appealed the imposition of the death penalty, claiming that his relationship with the victim was not conclusively established and that the charge of rape did not properly inform him of the nature of the accusations, particularly stressing the failure of the information to allege that the complainant was a minor.
Legal Analysis and Decision
Upon automatic review, the Supreme Court affirmed the trial court's finding of guilt but recognized the critical defect in the information. The Court noted that the failure to properly allege the complainant's minority in the charging document meant that the imposi
...continue readingCase Syllabus (G.R. No. 139416)
Background and Procedural History
- The case is an automatic review of the decision by the Regional Trial Court of the 8th Judicial Region (Branch XXX, Basey, Samar), which found Ernesto Hermanes guilty of rape and sentenced him to death.
- The original charge stemmed from an Information dated September 25, 1996, alleging that on November 2, 1995, Hermanes, by means of violence and intimidation, raped his stepdaughter, Marina Hermanes, who was 10 years old at the time.
Facts of the Case
- Marina Hermanes, the complainant, lived with her stepfather, Ernesto Hermanes, and his wife since she was two years old after her natural mother passed away.
- On the evening of the incident, Marina was lying in her bedroom when Hermanes entered, undressed her, and raped her.
- Marina reported the incident to a barangay official, Soltero Salubre, the following morning, stating that this was not the first time Hermanes had sexually assaulted her.
Medical Evidence
- Two days after the incident, Marina was examined by Dra. Rusela Grapa, the Municipal Health Officer, who found hymenal lacerations, indicative of recent sexual intercourse, and opined that these injuries were fresh but beginning