G.R. No. 171089, October 17, 2008
People of the Philippines, plaintiff-appellee, vs. Rogelio Pascual, accused-appellant.

FACTS

Rogelio Pascual (appellant) was charged with the crime of Rape under an Information alleging that on or about sometime during the year 1998, in Bulacan, he willfully, unlawfully, and feloniously had carnal knowledge of AAA, a minor 10 years of age, against her will and without her consent. The Regional Trial Court (RTC) found him guilty of Statutory Rape and sentenced him to Reclusion Perpetua, ordering him to indemnify AAA with ₱50,000.00, pay ₱100,000.00 in moral damages, and another ₱50,000.00 in compensatory damages. The Court of Appeals (CA) affirmed the RTC decision with modification, reducing the moral damages to ₱50,000.00 and deleting the compensatory damages. Appellant appealed, contending that the Information was fatally defective because it alleged the rape occurred in 1998, while the victim testified during cross-examination that it first happened in 1997.

ISSUE

Whether the Information charging appellant with rape is fatally defective for alleging the crime occurred in 1998 while the victim’s testimony indicated it began in 1997.

RULING

The Supreme Court ruled that the Information was not defective. The precise time or exact date of the commission of rape is not an essential element of the crime. The gravamen of the offense is sexual intercourse without consent, and for statutory rape, it is carnal knowledge of a woman below twelve years old. The phrase “on or about sometime during the year 1998” in the Information was sufficient to apprise appellant of the charges against him. The victim’s testimony that she was first abused in 1997 did not render the Information void, as she also confirmed the abuse continued up to 1998. The Court affirmed the CA Decision with modification, ordering appellant to pay an additional ₱25,000.00 as exemplary damages, in addition to the awards of ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages.