GR 153008; (May, 2004) (Digest)
G.R. No. 153008 ; May 20, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. LARRY CACHAPERO y BASILIO, appellant.
FACTS
The appellant, Larry Cachapero, was charged with the rape of a seven-year-old minor, Anna Laurence Toledo, as stated in an Information dated December 1, 1998. The Information alleged that the crime was committed “sometime in March 1998” in Camiling, Tarlac. Upon arraignment, the appellant pleaded not guilty. The prosecution’s evidence established that during the said period, the appellant made the victim lie down, removed her clothing, and inserted his penis into her, causing her pain. The incident was later reported by a classmate to their teacher, leading to a medical examination which revealed old hymenal lacerations consistent with penetration. The defense interposed denial and alibi, claiming a feud between the families motivated the false accusation.
ISSUE
The core issues raised on appeal were: (1) whether the Information was fatally defective for failing to state the precise date and time of the alleged rape, and (2) whether the prosecution’s evidence was sufficient to prove guilt beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. On the first issue, the Court ruled that time is not an essential element of the crime of rape. Citing Section 11, Rule 110 of the Rules of Court, it held that an information need only allege the date as near as possible to the actual commission unless time is a material ingredient. The phrase “sometime in March 1998” was deemed a sufficient approximation. Any perceived formal defect in the information must be raised through a motion to quash or a bill of particulars before arraignment; otherwise, the objection is deemed waived. The appellant failed to do so, thus waiving any challenge to the information’s form.
On the second issue, the Court found the victim’s testimony, given her tender age, to be credible and consistent. Her account was corroborated by the medico-legal findings of old hymenal lacerations. The defense of denial and alibi, uncorroborated and weak against the positive identification, deserved no weight. The alleged family feud did not discredit the testimony, as no mother would subject her child to the ordeal of a rape trial without just cause. The penalty of reclusion perpetua and the awards of civil and moral damages were upheld, though the award of exemplary damages was deleted for lack of basis.