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    People vs. Lizada

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    The document summarizes a court case against Freedie Lizada who was charged with four counts of rape. The Regional Trial Court found Lizada guilty on all four counts and sentenced him to death for each count. On appeal, Lizada argued that one of the Informations was defective because it listed the date of offense as "on or about August 1998" which he claimed was too indefinite. However, the Court rejected this argument, finding that the exact date was not essential to the crime of rape. It affirmed Lizada's conviction based on the evidence and testimony presented at trial.

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    People vs. Lizada

    Uploaded by

    Le
    104 views1 page
    The document summarizes a court case against Freedie Lizada who was charged with four counts of rape. The Regional Trial Court found Lizada guilty on all four counts and sentenced him to death for each count. On appeal, Lizada argued that one of the Informations was defective because it listed the date of offense as "on or about August 1998" which he claimed was too indefinite. However, the Court rejected this argument, finding that the exact date was not essential to the crime of rape. It affirmed Lizada's conviction based on the evidence and testimony presented at trial.

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    The document summarizes a court case against Freedie Lizada who was charged with four counts of rape. The Regional Trial Court found Lizada guilty on all four counts and sentenced him to death for each count. On appeal, Lizada argued that one of the Informations was defective because it listed the date of offense as "on or about August 1998" which he claimed was too indefinite. However, the Court rejected this argument, finding that the exact date was not essential to the crime of rape. It affirmed Lizada's conviction based on the evidence and testimony presented at trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views1 page

    People vs. Lizada

    Uploaded by

    Le
    The document summarizes a court case against Freedie Lizada who was charged with four counts of rape. The Regional Trial Court found Lizada guilty on all four counts and sentenced him to death for each count. On appeal, Lizada argued that one of the Informations was defective because it listed the date of offense as "on or about August 1998" which he claimed was too indefinite. However, the Court rejected this argument, finding that the exact date was not essential to the crime of rape. It affirmed Lizada's conviction based on the evidence and testimony presented at trial.

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    © All Rights Reserved
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    of 1

    PEOPLE VS.

    LIZADA  It was only on appeal to this Court that accused-appellant questioned for
    Callejo, Sr. [January 24, 2003] the first time the sufficiency of the Information filed against him. It is now too
    late in the day for him to do so.

    FACTS: GUILTY beyond reasonable doubt:


     This is an automatic review of the Decision of the Regional Trial Court of 1) Simple rape under Art. 335 of RPC (minority and relationship not alleged in
    Manila, Branch 54. the information)
     Freedie Lizada was charged with four (4) counts of qualified rape under four 2) 2 counts of simple rape under Art. 335 of RPC as amended (minority and
    separate Informations. relationship not alleged in the information)
     According to the four separate Informations, the accused raped the victim 3) Attempted rape under Art. 335 of RPC as amended
    (Analia, born in 1985 and the daughter of his common-law wife, Rose, with
    Ricardo) in August 1998, November 5, 1998, October 22, 1998, and
    September 15, 1998.
     The RTC found the accused-appellant Freedie Lizada guilty beyond
    reasonable doubt of four (4) counts of qualified rape and meting on him the
    death penalty for each count.

    Re: Criminal Cases Nos. 99-171390 (covering the crime committed on or


    about August 1998)
     Accused-appellant avers that the Information in Criminal Case No. 99-171390
    is defective because the date of the offense on or about August 1998 alleged
    therein is too indefinite, in violation of Rule 110, Section 11 of the Revised
    Rules on Criminal Procedure.
     Accused-appellant further asserts that the prosecution failed to prove that he
    raped private complainant in August 1998. Hence, he argues, he should be
    acquitted of said charge.
     The Office of the Solicitor General, for its part, argued that the date on or about
    August 1998 is sufficiently definite. After all, the date of the commission of
    the crime of rape is not an essential element of the crime. The prosecution
    adduced conclusive proof that accused-appellant raped private complainant
    on or about August 1998, as gleaned from her testimony during the trial.

    ISSUE/S AND RULING:


    1. W/N the Information covering the crime on or about August 1998 is
    defective because the date of the offense is too indefinite – NO

     The Court does not agree with accused-appellant.


     It bears stressing that the precise date of the commission of the crime of
    rape is not an essential element of the crime.
     Failure to specify the exact date when the rape was committed does not
    render the Information defective.
     The reason for this is that the gravamen of the crime of rape is carnal
    knowledge of the private complainant under any of the circumstances
    enumerated under Article 335 of the Revised Penal Code, as amended.
     Significantly, accused-appellant did not even bother to file a motion for a bill
    of particulars under Rule 116, Section 9 of the Revised Rules on Criminal
    Procedure before he was arraigned.
     Accused-appellant was duly arraigned under the Information and entered a
    plea of not guilty to the charge without any plaint on the sufficiency of the
    Information. Accused-appellant even adduced his evidence after the
    prosecution had rested its case.

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