GR 113690; (June, 1995) (Digest)
G.R. No. 113690 June 27, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE VITOR, alias “TINGTING,” accused-appellant.
FACTS
Accused-appellant Vicente Vitor, the stepfather of the 12-year-old complainant Ma. Cristy Galendez, was charged with rape allegedly committed on June 9, 1986, in Talibon, Bohol. The information stated that he used force, intimidation, and a pair of scissors to have carnal knowledge of the victim against her will. The case was archived after Vitor evaded arrest until his apprehension in 1993. During the trial, the prosecution presented evidence detailing the forcible assault on June 9, 1986, and testified that subsequent sexual assaults occurred, with the last incident witnessed by the victim’s mother on July 31, 1986. The defense, however, presented Vitor as its sole witness, who claimed a consensual romantic relationship with the complainant.
ISSUE
The primary issue is whether the trial court erred in convicting the accused-appellant of two counts of rape based on a single information charging only one criminal act.
RULING
The Supreme Court affirmed the conviction for rape but modified the trial court’s judgment. It upheld the finding of guilt beyond reasonable doubt for the rape committed on June 9, 1986. The Court found the testimonies of the young victim and her mother credible and consistent, rejecting the implausible defense of a love affair given the victim’s age, the stepfather’s moral ascendancy, and the use of threats. The appellant’s flight and evasion of arrest for nearly seven years were also considered indicative of guilt.
However, the Court ruled that the trial court erred in convicting the appellant of two counts of rape. The information filed against Vitor specifically charged only one criminal act of rape occurring on or about June 9, 1986. While the evidence presented suggested multiple incidents, a conviction cannot exceed the charges specified in the information. Fundamental rules of criminal procedure mandate that an accused can only be held liable for the offense or offenses for which he is expressly charged. Therefore, the Supreme Court modified the decision, declaring Vitor guilty of a single count of rape and sentencing him to a single penalty of reclusion perpetua, with a corresponding civil indemnity of P50,000.