G.R. No. 96094-95 November 13, 1991
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESSIE MAYORAL, accused-appellant.
FACTS
Accused-appellant Jessie Mayoral was charged with two separate crimes arising from a single incident on October 24, 1986. In Criminal Case No. 4472, he was charged with the rape of seven-year-old Mayshelle Neri. In Criminal Case No. 4585, he was charged with acts of lasciviousness upon eight-year-old Mercydel Sombilon. The cases were consolidated for trial. Prosecution evidence established that Mayoral lured both minors into a room, locked the door, and undressed them. Mayshelle testified that Mayoral inserted his penis into her vagina, causing pain. Mercydel corroborated this, testifying she witnessed the act on Mayshelle and that Mayoral then attempted to do the same to her but did not achieve penetration. The defense presented a denial and alibi, claiming the children were teasing him and that the complaints were fabricated by Mayshelle’s mother after he ended an illicit relationship with her.
ISSUE
The core issue is whether the trial court erred in convicting the accused-appellant. A subsidiary legal issue involves the proper characterization of the crime in Criminal Case No. 4585 based on the allegations in the information.
RULING
The Supreme Court affirmed the conviction but modified the judgment regarding Criminal Case No. 4585. The testimonies of the child victims were found credible, consistent, and sufficient to prove guilt beyond reasonable doubt. The defense of denial and imputation of improper motive were unsubstantiated. However, the Court corrected the legal classification of the offense concerning Mercydel Sombilon. While the information was captioned as “Acts of Lasciviousness,” its body alleged that the accused, by force, undressed the victim, touched her vagina, and placed himself on top of her “in an attempt to have a sexual act with her.” These facts constitute attempted rape, not merely acts of lasciviousness. It is the factual allegations in the information, not its technical title, that define the crime charged. Consequently, the Court modified the penalty for this count to that for attempted rape. The decision was thus modified: affirming the conviction for rape (reclusion perpetua) in Criminal Case No. 4472 with increased damages, and convicting the accused of attempted rape in Criminal Case No. 4585 with the corresponding indeterminate penalty and increased damages.
