988
People v Dela Cruz G.R. No. 137405 Duty of the Officer Durin Cu!to"ial #nve!tiation $%C&'( The case at bar involves an automatic review of the decision of the Regional Trial Court of San Jose, Occidental Mindoro, which convicted Delfin dela Cruz of rape and sentenced him to death On October !", #$$%, Mari&it, then si'teen (ears of age, had a reunion with her famil( at their farm in )agnas, Sabla(an, Occidental Mindoro, on the occasion of the birthda( of her father, herein appellant Delfin dela Cruz The celebration ended at past $*++ ocloc& in the evening when appellants two drin&ing buddies left the place Shortl( before midnight, when Mari&it was alread( preparing to sleep, her mother telling her that appellant wanted to tal& to her summoned her Mari&it obe(ed and, together with her mother, she went to her father who was waiting at the water pump near their house Delfin told Mari&it to go with him to the hut of their farm -pon arriving at the hut which was one &ilometer from their house, appellant as&ed Mari&it .what is his gift Mari&it replied ./ do not have a gift 0ppellant told Mari&it .to 1ust follow what he wants Thereafter, appellant suddenl( embraced and &issed Mari&it, and started undressing her She tried to resist but he threatened to harm her 0fter he removed all of his daughters clothes, he placed himself on top of her and forcing her to face him 2acts stated that Delfin .was able to penetrate his private part on m( private part During their four hours sta( inside the hut, appellant se'uall( abused his daughter twice Three da(s thereafter, on October !3, #$$%, Mari&it Mari&it decide decided d to file file a compla complaint int against against her father father On the same same date, date, she submit submitted ted hersel herselff to medica medicall e'amin e'aminati ation on The e'amin e'amining ing 4ealth 4ealth Office Officer, r, Dr 5ilfre 5ilfred d 6 7enept 7enept,, issued issued a Medico Medico8)eg 8)egal al Certif Certifica icate te /ntern /nternal al 9'amin 9'aminati ation on shows shows normal normal loo&in loo&ing g e'ternal genitalia, with abrasion on the posterior aspect of the left labia minora, h(men not intact /n a statement with the police e'ecuted on the same date, Mari&it also disclosed that appellant had first se'uall( abused her when she was still thirteen (ears of age, although she did not formall( lodge her complaint complaint then on the belief that appellant appellant would change his wa(s The defense however had a different version of the accounts that the( claim to have transpired Delfin denied having raped the complainant on the night of October !", #$$% 4e admitted that October !", #$$% was his birthda( 4e allegedl( maltreated his daughter when the latter was in first (ear high school but he never se'uall( abused her 2or the sa&e of his famil( he will admit that it was his fault The prosecution has been able to prove b( clear and convincing evidence, of Delfins guilt be(ond reasonable doubt, foremost of which are the straightforward testimon( of the complaining witness, the Medical Certificate issued b( Dr 5ilfred 7enept on October !3, #$$% that indeed the private complainants h(men is no longer intact, and the e'istence of abrasion on the posterior aspect of her left labia minora, thus indicating recent se'ual intercourse conformabl( with the date when she was se'uall( abused, and the admission of the accused himself in his two letters he wrote to his daughter Mari&it
Prepared by: Juan Samuel Ismael Loyola
1
988
#'')*'( 5hether the prosecutions evidence was sufficient to prove guilt be(ond reasonable doubt +*,D( The suffic sufficien ienc( c( of the prosec prosecuti ution onss eviden evidence ce was not raised raised as an issue issue Still, Still, the Court Court reviewed it under the principle that an appeal in a criminal case, especiall( one in which the death penalt( has been imposed, opens the entire record for scrutin( 5e shall ta&e up the appropriate penalt( as the second issue The trial court erred in imposing the penalt( of death for the crime charged despite that accused was not properl( informed of the nature and cause of accusation against him, which is in violat violation ion of his consti constitut tution ional al right right 0fter a meticul meticulous ous stud( stud( of the eviden evidence, ce, we are convinced that the prosecution has clearl( and sufficientl( established the fact of rape and the culpabilit( of appellant for the crime alleged in the /nformation :eril(, we find no reason to doubt the trial courts finding of guilt The victim testified on the details of the rape incident in a clear, straightforw straightforward ard and credible credible manner There is no higher evidence evidence of guilt than the voluntar( testimon( of the accused himself Such admission is evidence of the highest order, sinc sincee it is suppo support rted ed b( the the stro strong ng presu presumpt mptio ion n that that no pers person on of norma normall mind mind woul would d deliberatel( and &nowingl( confess to a crime unless prompted b( truth and conscience 2urthermore, 0ppellant argues that the /nformation under which he was arraigned charged him onl( with simple rape as defined b( 0rticle ;<< =#> of the Revised ?enal Code Such offense he contends, is not punishable with the death penalt(@ besides, the Aualif(ing circumstances of minorit( and relationship were not alleged in the /nformation /ndeed, in the present case, the /nformation did not allege the Aualif(ing circumstances that the victim was below eighteen =#3> (ears old when the offense was committed, and that the offender was her father 4ence, in no wa( can appellant be convicted of Aualified rape, because the /nformation clearl( ma&es out a case for simple rape onl( /n order that the circumstances of minorit( and relationship ma( be apprec appreciat iated, ed, both must must be specifically alleged in the information and duly proven during trial, trial, with eAual certaint( certaint( as the crime itself The Aualif(ing Aualif(ing circumstanc circumstances es of minorit( and relationship must at all times be pleaded in the information , consistent with the constitutional right right of the the accu accuse sed d to be info inform rmed ed of the the char charges ges agains againstt him him It is a matter of settled jurisprudence that qualifying circumstances must be properly pleaded in the indictment.
Prepared by: Juan Samuel Ismael Loyola
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