G.R. No. 129894 ; August 11, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SEVERINO GONZALES y DE VERA, accused-appellant.

FACTS

The prosecution alleged that on the evening of October 24, 1989, in San Pedro, Laguna, accused-appellant Severino Gonzales, a neighbor, offered the 14-year-old complainant, Sharon Gonzales, a tricycle ride home. While en route, he poked a knife at her, threatened her, and took her to his house. There, he detained her for about 22 hours, tying her hands and feet and gagging her mouth. On the afternoon of October 25, accused-appellant, naked and armed with a knife, untied her, forced her to undress, kissed her body, and attempted to have carnal knowledge. He failed to penetrate as the complainant resisted, and he experienced a premature ejaculation. The complainant escaped the following day and reported the incident.
The defense presented a starkly different version. Accused-appellant claimed the complainant voluntarily went to his house and asked to stay overnight for fear of being scolded by her mother. He asserted she slept on his floor, was never restrained, and could have left freely. He denied any kidnapping or attempted rape. The trial court convicted him of Serious Illegal Detention and Attempted Rape. The Court of Appeals affirmed but, finding the penalty for illegal detention should be reclusion perpetua, certified the case to the Supreme Court.

ISSUE

The primary issue is whether the prosecution proved beyond reasonable doubt the elements of Serious Illegal Detention and Attempted Rape.

RULING

The Supreme Court acquitted accused-appellant of Serious Illegal Detention but affirmed his conviction for Attempted Rape. For Serious Illegal Detention under Article 267 of the Revised Penal Code, the deprivation of liberty must last for more than three days. The information alleged detention for “about twenty-two (22) hours,” and the prosecution’s evidence did not establish detention lasting more than three days. This duration is an essential element of the qualified offense; its absence means the crime committed is only slight illegal detention, which was not charged. Thus, conviction for Serious Illegal Detention cannot stand.
However, the Court upheld the conviction for Attempted Rape. The elements of rape by force or intimidation were present: the complainant’s credible testimony detailed how accused-appellant, naked and armed with a knife, used force and threat to order her to undress, kissed her, and attempted sexual intercourse. His failure to achieve penetration was due to the complainant’s resistance and his premature ejaculation, which constitutes a cause other than his own spontaneous desistance, perfectly fitting the definition of an attempted felony. The penalty for attempted rape, where the penalty for the consummated crime is reclusion perpetua, is prision mayor. Applying the Indeterminate Sentence Law, the imposed penalty of 2 years, 4 months, and 1 day of prision correccional, as minimum, to 8 years and 1 day of prision mayor, as maximum, was affirmed as correct.