Title
People vs. Marquez
Case
G.R. No. 137408-10
Decision Date
Dec 8, 2000
A man convicted of raping a 5-year-old girl in 1997; alibi rejected, penalty reduced to reclusion perpetua due to insufficient proof of victim's age.

Case Summary (G.R. No. 194362)

Charges and Proceedings

The informations, dated February 17, 1998, allege that Marquez, with lewd design and by means of force and intimidation, had carnal knowledge of Maria Cristina against her will. Upon arraignment, Marquez pleaded not guilty, and the trial proceeded. The trial court found Marquez guilty beyond a reasonable doubt, sentencing him to death for each count and ordering him to pay moral damages of P150,000.00 to the victim.

Evidence and Testimonies

The prosecution presented testimonies indicating that Marquez forcibly dragged Maria Cristina from her home to a nearby banana plantation multiple times in October 1997, where he raped her. Maria Cristina eventually confided to her mother on January 8, 1998, leading to a medical examination; findings included an old hymenal laceration consistent with forced sexual intercourse. In defense, Marquez asserted an alibi, claiming he was at work during the time of the alleged incidents.

Allegation of Indefinite Date

Marquez contended that the failure of the prosecution to specify exact dates in the informations constituted a violation of his rights, arguing that the phrase "on or about the month of October, 1997" deprived him of an adequate opportunity to prepare his defense. However, the court noted that objections to the specifics of the time should have been raised via a motion for a bill of particulars before arraignment, which Marquez did not pursue.

Court's Ruling on Timeliness of Allegations

The court ruled that the exact date is not an essential element in rape cases based on established jurisprudence. It emphasized that as long as the informations sufficiently charged Marquez with the crime and the evidence during trial substantiated the claims, the alleged failure regarding specific dates did not warrant overturning the conviction.

Evaluation of Alibi Defense

Marquez’s defense of alibi was deemed insufficient. He failed to prove that it was physically impossible for him to be at the scene of the crime. The court pointed out that while his workplace was proximate to the victim's residence, his claims regarding muddy conditions of the road were not persuasive, especially since it was confirmed that there was no rain during the period in question.

Assessment of Credibility

The court scrutinized Maria Cristina's testimony, which was detailed and credible, finding it consistent and compelling. The court maintained that the victim's willingness to testify and the lack of any motive to fabricate her claims significantly bolstered her credibility.

Legal Implications and Penalties

The trial court sentenced Marquez to death as the charges involved the rape of a minor, relying on provisions from Republic Act No. 7659. However, the Supreme Court held that the prosecution failed to provide adequate evidence

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