G.R. No. 126025 ; July 6, 2004
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSELITO ALMENDRAL y ALCASABAS, accused-appellant.

FACTS

The accused-appellant, Joselito Almendral, was charged with the rape of his daughter, Ma. Jessica Almendral. The Information alleged a single count of rape committed “sometime in 1987, prior and subsequent thereto.” During trial, Jessica testified that her father sexually abused her approximately forty times from 1987, when she was eleven, until 1992. The first incident occurred in their home in Biñan, Laguna, where appellant summoned her, undressed her, and succeeded in having carnal knowledge after an initial failed attempt. She remained silent out of fear. The final incident she recounted occurred in 1992, when she was fifteen, under similar circumstances.
The defense presented testimonies, including that of appellant’s wife, claiming the accusations were fabricated due to family animosity and that appellant was often away working in Pangasinan during the alleged period. The Regional Trial Court convicted appellant of one count of rape and sentenced him to reclusion perpetua.

ISSUE

Whether the Court of Appeals erred in affirming the conviction and whether the appellant can be convicted for more than one count of rape based on the single Information filed.

RULING

The Supreme Court affirmed the conviction but modified the judgment. The Court found Jessica’s testimony credible, consistent, and unwavering. The defense of alibi was weak and could not prevail over the positive identification by the victim. Delay in reporting the crime was sufficiently explained by her filial fear and the appellant’s position as a barangay official, which instilled intimidation.
However, the legal issue centered on the sufficiency of the Information. While the victim testified to multiple rapes, the Information alleged only one criminal act “sometime in 1987, prior and subsequent thereto.” The Court ruled that this constituted a “continuous crime” allegation under Article 48 of the Revised Penal Code. A continuous crime, though composed of a series of acts, gives rise to only one penal liability. Consequently, an accused can only be convicted of a single offense under such an information, regardless of proof of multiple instances. To hold an accused liable for multiple counts, each specific act must be alleged in separate Informations or in distinct counts within one Information. Here, the prosecution proved at least two specific incidents (the first in 1987 and the last in 1992) with certainty. Applying jurisprudence, the Court held that the appellant could be convicted of two counts of simple rape—one for the first proven instance and one for the last—as these were sufficiently established by the evidence. The penalty of reclusion perpetua for each count was affirmed, and the awards for civil indemnity, moral, and exemplary damages were correspondingly increased.