GR 140333; (December, 2001) (Digest)
G.R. Nos. 140333-34; December 11, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LOVE JOY DE GUZMAN, accused-appellant.
FACTS
Accused-appellant Love Joy De Guzman was charged with two counts of statutory rape against his seven-year-old niece, Geneva Daugherty. The Informations alleged the rapes occurred “sometime in the month of December 1998” and “sometime in February 1999.” At trial, the victim testified that in December 1998, the accused lured her to his house, where she fell asleep and awoke to find him on top of her, sexually assaulting her. He threatened to kill her and her mother if she told anyone. In February 1999, he again called her to his house and raped her. This time, she reported the incident, leading to a medical examination which revealed healed and fresh hymenal lacerations. The accused denied the allegations, claiming an alibi that he was asleep during the day and out with friends at night.
ISSUE
The issues were: (1) whether the Informations were defective for failing to specify the exact dates of the commission of the rape, and (2) whether the prosecution proved the guilt of the accused beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. On the first issue, the Court ruled that the Informations were not defective. In prosecutions for rape, especially where the victim is a minor, it is not essential to state the precise date. It is sufficient that the offense is alleged to have occurred at a time near or about the date indicated, as the exact date is not a material element of the crime. The victim’s young age and the traumatic nature of the event justify an approximation in the Information.
On the second issue, the Court found the victim’s testimony credible, straightforward, and consistent. Her detailed account of the two incidents, including the threats made by the accused, bore the hallmarks of truth. Her testimony was corroborated by the medical findings of healed and fresh lacerations, which were consistent with repeated sexual intercourse. The defense of alibi was inherently weak and could not prevail over the positive identification by the victim. The relationship of uncle and niece, which afforded the accused moral ascendancy and opportunity, further bolstered the prosecution’s case. The Court thus upheld the judgment of the trial court, imposing the penalty of death for each count of statutory rape, the victim being under twelve years of age and the offender a relative within the third civil degree.