GR L 28810; (March, 1974) (Digest)
G.R. No. L-28810 March 27, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CEFERINO DE LA CRUZ, defendant-appellant.
FACTS
The case involves the rape of eleven-year-old Ligaya German. On the evening of January 13, 1966, in Masbate, the accused, Ceferino de la Cruz, approached Ligaya while she was playing at a swing in the Social Center. He dragged her to a building inside the plaza, forced her to lie down, removed her panties, and had carnal knowledge of her. Ligaya resisted, experiencing intense pain, and was slapped and kicked by the accused. Afterward, she went to the Constabulary barracks bleeding, and was later examined by a doctor who confirmed the presence of fresh hymenal lacerations consistent with recent sexual intercourse and loss of physical virginity. The complaint for rape was filed by Ligaya’s mother, Priscilla Refuerzo.
ISSUE
The primary issue raised on appeal is whether the trial court acquired jurisdiction over the case, given that the criminal complaint was filed by the victim’s mother and not her father. The appellant contends that under the Rules of Court, the father has the exclusive authority to file the complaint for rape.
RULING
The Supreme Court affirmed the conviction and upheld the trial court’s jurisdiction. The legal logic centers on the interpretation of Section 4, Rule 110 of the Rules of Court, which states that offenses like rape shall be prosecuted upon a complaint filed by the offended party “or her parents, grandparents, or guardian.” The Court held that the use of the plural term “parents” indicates that the right to file the complaint is concurrently vested in both the father and the mother. There is no statutory preference or exclusivity granted to the father. The law’s intent is to ensure the protection of the minor victim by allowing any of the specified relatives to initiate the action. Since Ligaya’s mother, as a parent, lawfully filed the complaint, the court validly acquired jurisdiction. On the merits, the Court found the rape proven beyond reasonable doubt. Given that the victim was under twelve years of age, the crime of statutory rape was consummated even without proof of force or intimidation, as per Article 335 of the Revised Penal Code. The penalty of reclusion perpetua and the indemnity were thus affirmed.