GR 137608; (July, 2001) (Digest)
G.R. Nos. 137608-09. July 6, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REMEGIO TAGANNA, accused-appellant.
FACTS
Remegio Taganna was charged with two counts of rape against his daughter, Maria C. Taganna. The first rape was alleged to have occurred “on or about the year 1984” (Crim. Case No. 98-2233), and the second “on or about the 15th day of June 1997” (Crim. Case No. 98-2236). The Regional Trial Court convicted him on both counts and imposed two death sentences. Maria testified that the first rape occurred when she was in Grade IV, either 12 or 15 years old, while she was hanging clothes at their house porch. She did not immediately report it. The second rape occurred on June 15, 1997, when her father entered their house at midnight, embraced her, removed her panty, and copulated with her while her children and brother were asleep. She reported the incidents after becoming pregnant, later suffering a miscarriage. Accused-appellant denied the charges, claiming an alibi for the 1997 incident and suggesting Maria fabricated the charges due to a dispute over settling her husband’s death.
ISSUE
The pivotal issue is whether the conviction in Crim. Case No. 98-2233 for rape committed “on or about the year 1984” can be sustained, considering whether the Information sufficiently apprised the accused of the nature and cause of the accusation against him, given the variance between the alleged date and the evidence presented.
RULING
The Supreme Court modified the trial court’s decision.
(a) In Crim. Case No. 98-2233 ( G.R. No. 137608 ), accused-appellant Remegio Taganna was ACQUITTED. The Court held that the Information, alleging the crime occurred “on or about the year 1984,” was violative of his constitutional right to be informed of the accusation. The evidence during trial suggested the rape occurred in 1981, a variance of three years from the allegation. While the precise date need not be alleged, it must be stated as near to the actual date as possible to afford the accused an opportunity to prepare an intelligent defense and avoid surprise and substantial prejudice. The Court also entertained serious doubt on the sufficiency and reliability of the evidence for this charge.
(b) In Crim. Case No. 98-2236 (G.R. No. 137609), accused-appellant was found GUILTY only of SIMPLE RAPE and sentenced to reclusion perpetua, not death. The Court ordered him to pay the victim P50,000.00 as civil indemnity and another P50,000.00 as moral damages.