In People v. Cinco, the Supreme Court affirmed the conviction of Gualberto Cinco for two counts of simple rape, emphasizing that the exact date of the crime is not a critical element for a rape charge. The Court clarified that as long as the information provides an approximate date and the prosecution proves the crime occurred before the information was filed, the conviction stands. This ruling ensures that victims are not further burdened by the difficulty of recalling precise dates, while also protecting the accused’s right to a fair defense. This decision reinforces the principle that substantial justice should prevail over strict technicalities in criminal procedure, particularly in cases involving sexual assault.

When Justice Isn’t Derailed by Dates: A Rape Case Story

Can a rape conviction be valid if the exact dates of the crime are not precisely stated in the information? This question was at the heart of People v. Gualberto Cinco y Soyosa, where the accused-appellant challenged his conviction for two counts of simple rape, arguing that the informations filed against him were insufficient due to the lack of specific dates. The appellant maintained that this deficiency deprived him of his constitutional right to be informed of the nature and cause of the accusation, hindering his ability to prepare an adequate defense. The Supreme Court, however, found the argument unpersuasive, leading to the affirmation of the lower courts’ decisions.

The case originated from two separate informations filed against Gualberto Cinco, accusing him of raping AAA, a 14-year-old minor, on two occasions. The first information stated that the rape occurred “on or about the month of November 1998,” while the second specified the date as “on or about the 1st day of November 1998.” The appellant contended that these vague dates were insufficient to support a judgment of conviction, as they failed to provide him with a clear timeline of the alleged offenses. The defense argued that such ambiguity violated his constitutional rights and warranted an acquittal. The prosecution, on the other hand, presented evidence, including the victim’s testimony and medical records, to substantiate the rape charges, asserting that the approximate dates provided in the informations were sufficient under the law.

The Supreme Court addressed the appellant’s argument by examining the requirements for a valid information, as outlined in Section 6, Rule 110 of the Revised Rules of Criminal Procedure. The Court emphasized that while an information must state the approximate date of the commission of the offense, it is not necessary to state the precise date unless it is a material ingredient of the offense. In rape cases, the Court clarified that the exact date or time is not a material ingredient because the core of the crime lies in the carnal knowledge of a woman through force and intimidation. Here is the pertinent rule from the Revised Rules of Criminal Procedure:

Section 11, Rule 110 of the Revised Rules of Criminal Procedure specifically provides that it is not necessary to state in the information the precise date the offense was committed except when it is a material ingredient of the offense, and that the offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

Building on this principle, the Court cited previous rulings, such as People v. Purazo, which affirmed that the date is not an essential element of rape. The gravamen of the offense is the carnal knowledge of a woman. As such, the time or place of commission in rape cases need not be accurately stated. The Court underscored that it has consistently upheld complaints and informations in rape cases that merely alleged the month and year of the offense. Therefore, the allegation in Criminal Case No. Q-99-89097, stating that the rape was committed “on or about November 1998,” was deemed sufficient to affirm the appellant’s conviction.

The appellant also alleged a variance between the date of the commission of rape in Criminal Case No. Q-99-89098 and the evidence presented during the trial. However, the Court dismissed this claim, noting that AAA categorically testified that she was raped by the appellant on 1 November 1998, which aligned with the date specified in the information. Therefore, there was no inconsistency to warrant a reversal of the conviction. The court emphasized the importance of focusing on the substance of the crime rather than being overly concerned with technical details, as long as the accused is adequately informed of the charges and has the opportunity to defend themselves.

With the issue of the validity of the informations resolved in favor of the prosecution, the Supreme Court turned to the penalty imposed on the appellant. Republic Act No. 8353, also known as the Anti-Rape Law of 1997, was in effect at the time of the offenses. This law provides for the death penalty if the rape victim is a minor and the offender is the common-law spouse of the victim’s parent. However, the Court noted that while the informations in Criminal Case Nos. Q-99-89097 and Q-99-89098 alleged that AAA was a minor, they did not allege that the appellant was the common-law spouse of AAA’s parent. As a result, these qualifying circumstances could not be considered, and the rapes were treated as simple rapes, which carry a penalty of reclusion perpetua under Republic Act No. 8353. This highlights the importance of accurately and completely stating all relevant facts and circumstances in the information to ensure appropriate sentencing.

In addition to the prison sentence, the lower courts had awarded civil indemnity, moral damages, and exemplary damages to AAA. The Supreme Court affirmed the award of civil indemnity in the amount of P50,000.00 and moral damages in the amount of P50,000.00, aligning with prevailing jurisprudence in similar cases. However, the Court found that the award of exemplary damages in the amount of P25,000.00 was not justified, as no aggravating circumstances in the commission of the rapes had been proven. Article 2230 of the Civil Code of the Philippines states that exemplary damages may be imposed in criminal offenses when the crime was committed with one or more aggravating circumstances. In the absence of such circumstances, the award of exemplary damages was deemed inappropriate and was subsequently deleted.

FAQs

What was the key issue in this case?	The key issue was whether the informations charging the appellant with rape were sufficient, given that they did not specify the exact dates of the alleged offenses. The appellant argued that this lack of specificity violated his constitutional right to be informed of the charges against him.
Why did the Supreme Court uphold the rape convictions despite the imprecise dates?	The Supreme Court reasoned that the exact date of the rape is not a material element of the crime. As long as the information provides an approximate date and the prosecution proves that the crime occurred before the information was filed, the conviction can stand.
What is the legal basis for the Court’s decision regarding the date of the offense?	The Court relied on Section 11, Rule 110 of the Revised Rules of Criminal Procedure, which states that it is not necessary to specify the precise date of the offense unless it is a material ingredient of the crime. The Court also cited previous jurisprudence, such as People v. Purazo, to support its position.
What was the penalty imposed on the appellant, and why?	The appellant was sentenced to reclusion perpetua for each count of simple rape. While the Anti-Rape Law of 1997 provides for the death penalty in certain cases, the informations did not allege all the necessary qualifying circumstances, so the rapes were treated as simple rapes.
What damages were awarded to the victim in this case?	The Court affirmed the award of P50,000.00 as civil indemnity and P50,000.00 as moral damages to the victim. However, the award of P25,000.00 as exemplary damages was deleted because no aggravating circumstances were proven during the trial.
What is the significance of Republic Act No. 8353 in this case?	Republic Act No. 8353, also known as the Anti-Rape Law of 1997, was the applicable law at the time the offenses were committed. It defines the crime of rape and prescribes the penalties for different types of rape, including simple rape and rape with aggravating circumstances.
Did the Court find any inconsistencies between the information and the evidence presented at trial?	No, the Court found no significant inconsistencies. The victim’s testimony regarding the date of the second rape aligned with the date specified in the information, negating the appellant’s claim of variance.
What is the key takeaway from this case regarding the sufficiency of informations?	The key takeaway is that an information is sufficient if it provides an approximate date of the offense and adequately informs the accused of the charges against them, even if the exact date is not specified. The focus should be on ensuring a fair trial and substantial justice, rather than strict adherence to technicalities.

The Supreme Court’s decision in People v. Cinco underscores the importance of balancing the rights of the accused with the need to provide justice for victims of sexual assault. By clarifying that the exact date of the crime is not a material element in rape cases, the Court has ensured that technicalities do not impede the pursuit of justice. This ruling serves as a reminder that the substance of the crime and the fairness of the trial should take precedence over strict procedural requirements, especially in cases involving vulnerable victims.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People of the Philippines vs. Gualberto Cinco y Soyosa, G.R. No. 186460, December 04, 2009