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People of the Philippines vs. Joselito Almendral y Alcasabas G.R. No. 126025 Jly 6! 200" Section 6: Sufficiency of Complaint #acts$ %his is an appeal from the decision of the Re&ional %rial 'ort in (an Pedro! )a&na! *herein respondent *as fond &ilty beyond reasonable dobt of the crime of Rape a&ainst his da&hter +a. Jessica Almendral. ,n this appeal! appellant imptes error to the trial cort in convictin& him based on the -improbable and incredible testimony of the private complainant.- Jessicas testimony alle&edly sho*s an inherent lac/ of credibility on crcial points! and distrbin& improbabilities *hich cast dobt on the veracity of her story. 'onsiderin& the implasible narration! the appellant believes that his &ilt *as not proven beyond reasonable dobt. (ometime in 1 *hen Jessica *as 11 yrs old and there *ere no other persons in the hose! her father! the appellant smmoned smmoned her to the room. 3e made her sit on the papag and and toched her breast and private or&an. As she *as seated! he ndressed her. her. Not /no*in& *hat *as &oin& on! Jessica allo*ed appellant ndress her completely. %hen he made her lie do*n and placed himself on top of her. 3e forcibly inserted his penis into her -private or&an.- At first! he failed to penetrate her bt he tried to do it a&ain and scceeded. )ater! appellant dressed! told Jessica not to tell her mother abot *hat happened! and left the hose. ,t *as then that Jessica noticed that her private part *as bloody. bloody. Afraid that appellant mi&ht harm her shold she tell her mother! she /ept mm abot the incident. Appellant did the same sex act to her around 20 more times before she reached the age of 13 and 20 more times after that, all in their house in Tubigan. Tu bigan. The last time appellant sexually violated her was in 12 when she was 1! yrs old and in 3rd yr high school. After her marria&e on Jne 40! 1"! her hsband! Analito strada Anton7! as/ed her -*ho *as ahead of him- in deflo*erin& her. Jessica told her hsband abot the se8al incidents *ith her father. )ater! she revealed the same incidents to her ants! her cosins and some friends. 3er mother learned that she and her sister Richelle had been raped by their father only thro&h a sbpoena. Jessica and her mother had a confrontation and her mother told Jessica to *ithdra* the complaint. (ometime in 9ctober 1"! Jessica Jess ica and Richelle accompanied by their ants :iosalinda Alcatra; filed their respective complaints for rape a&ainst appellant before the ',( at 'amp ob! appellant seldom *ent home. 3e *old only do so once a month. (he also believed that Jessicas hsband! Anton strada! encora&ed Jessica to file the complaint. melinda even claims that Jessica admitted to her that the filin& of the case *as her hsbands decision and she *old do *hatever her hsband *old tell her. #or Richelle ’ s part! *ho testified in favor of appellant! admitted that she filed a complaint for rape a&ainst her father bt she did so only becase she *as mad at him. ?hen Richelle sa* him detained at 'amp
month! and sometimes he would not go home at all . Appellant avers that there is no trth to Jessicas claim that appellant raped her arond "0 times. ,f that *ere tre! then Jessica should have filed the case against him as early as 1#$ . Jessica and Richelle filed the complaints only because they were influenced by other people li'e iosalinda and Anton. #rthermore! he claimed that as a father he loved and too/ care of his children. 3e tried his best to discipline the m. 3o*ever! *hen Jessica *as abot thirteen years old! she left the hose and &ot hoo'ed on vices such as ta'ing drugs . %o discipline her! appellant *old hit and tie her do*n. 3e *old discipline all his children bt he scolded! hit and tied do*n only Jessica and Richelle *ho! li/e Jessica! also learned to ta/e dr&s. ,sse$ ?hether or not the lac/ of e8actness on the dates of commission either affects the credibility of the victi m@ *itness andor pre>dices the accsed *ith re&ard to the information filed a&ainst himB 3eld$ The *upreme -ourt held that the victims failure to recall the exact dates of the sexual assault she experienced in the hands of appellant, a failure she fran'ly admitted in court, does not necessarily puncture her credibility. #orcible se8al invasion committed by no less than ones o*n father is an a&oni;in& and distressfl e8perience that! by hman natre! is better left bried in the deepest recesses of ones memory. Repeated forty "07 times! the e8perience may only reslt in the victims sbconscios effort to erase and blot ot any details thereof. Cnder the circmstances! it is eno&h that the victim *as able to recont the first and last of the arond forty "07 bestial se8al attac/s a&ainst her.
%hs! in People v.
offense has been committed. ,t mst embody the essential elements of the crime char&ed by settin& forth the facts and circmstances that have a bearin& on the clpability and liability of the accsed so that he can properly prepare for and nderta/e his defense. 3o*ever! it is not necessary for the information to alle&e the date and time of the commission of the crime *ith e8actitde nless time is an ess ential in&redient of the offense. #ailre to specify the e8act dates or time *hen the rapes occrred does not ipso facto ma/e the information defective on its face. %he date or
time of the commission of the rape is not a material in&redient of the said crime becase the &ravamen of rape is carnal /no*led&e of a *oman thro&h force and intimidation. ,n fact! the precise time *hen the rape ta/es places has no sbstantial bearin& on its commission. As sch! the date or time need not be stated *ith absolte accracy. ,t is sfficient that the complaint or information states that the crime has been committed at any time as near as possible to the date of its actal commission. +oreover! appellant failed to raise the isse of the defective information before the trial cort thro&h a motion for bill of particlars or motion to Fash the information. (ch failre to ob>ect to the alle&ation in the information as to the time of commission of the rapes before appellant pleaded not &ilty thereto amonted to a *aiver of the defect in the information. 9b>ections as to matters of form or sbstance in the information cannot be made for the first time on appeal. Appellant li/e*ise never ob>ected to the presentation of evidence by the prosection to prove that the offenses *ere committed -on or abot sometime sic) 1! prior and sbseFent thereto .- 3e cannot no* pretend that he *as nable to defend himself in vie* of the va&eness of the alle&ation in the Information as to *hen the crimes *ere committed! as it *as sho*n to the contrary that he participated in the trial and *as even able to &ive an alibi in his defense.