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    People Vs ZZZ

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    Liz M
    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZZZ,* ACCUSED-APPELLANT. G.R. No. 232329, April 28, 2021

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    People Vs ZZZ

    Uploaded by

    Liz M
    624 views1 page
    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZZZ,* ACCUSED-APPELLANT. G.R. No. 232329, April 28, 2021

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    People vs ZZZ

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    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZZZ,* ACCUSED-APPELLANT. G.R. No. 232329, April 28, 2021

    Copyright:

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

    People Vs ZZZ

    Uploaded by

    Liz M
    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZZZ,* ACCUSED-APPELLANT. G.R. No. 232329, April 28, 2021

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.

    ZZZ,* ACCUSED-
    APPELLANT. G.R. No. 232329, April 28, 2021

    Facts:
    Accused-appellant ZZZ was convicted with two (2) counts of rape and was
    sentenced to suffer the penalty of reclusion perpetua. The Court of Appeals affirmed
    this decision hence this appeal.

    ZZZ insisted that the prosecution failed to sufficiently establish the date of the
    commission of the rape. In particular, he pointed to the Information in Criminal
    Case No. 08-1637 which specified the date of the rape charged as "sometime in the
    early part of 2008". Accused-appellant counters that this "irregular designation"
    violates Section 11, Rule 110 of the Rules of Court. The information read:

    xxx CRIM. CASE No. 08-1637


    That sometime in the early part of 2008 in Brgy. xxxxxxxxx, Labo, Camarines Norte,
    Philippines and within the jurisdiction of this Honorable Court, the above-named
    accused, with lewd design and motivated by bestial lust and by means of force and
    intimidation, did then and there willfully, unlawfully and feloniously had carnal
    knowledge of his 12-year old granddaughter AAA, without her consent, which acts
    debase, degrade her intrinsic worth as a child and is prejudicial to her growth and
    development, to her damage.cial to her growth and development, to her damage. xxx 

    Issue: Whether or not the Information filed was sufficient despite the inaccuracy of the
    date of commission of the offense

    Ruling: The appeal is bereft of merit.

    As correctly ruled by the CA, the date of commission of the crime is not an essential
    element of the crime committed. In fact, the specific Rule cited by accused-
    appellant states that "it is not necessary to state in the Information the precise date
    the offense was committed except when it is a material ingredient of the offense."
    The date of commission is not even an element of the crime of rape which elements are:
    (1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under [18] years
    of age at the time of the rape; (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the
    victim.

    Further, it cannot be considered that accused-appellant was deprived of his


    constitutional right to be informed of the nature and cause of the accusation
    against him. As cited in People v. Ibañez, the Supreme Court previously
    upheld complaints and informations in prosecutions for rape which merely
    alleged that a rape has been committed "sometime in the month of April
    1993". 
    Here, the allegation in the Information that ni appellant committed rape
    "sometime in the early part of 2008" was sufficient to inform appellant that he
    was being charged of rape committed against his granddaughter.

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