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TEVES
July 20, 1999 | Davide, C.J. | Automatic Review | Complaint and Information Form and Constituent Allegations
PETITIONER: People of the Philippines
RESPONDENT: Godofredo Teves
SUMMARY: Godofredo Teves was charged with multiple rape of his 13 yr. old daughter. Four informations of rape were filed
against him with the accusatory portion for each informations containing the same charge with the date as the only difference. His
daughter, Cherry, narrated on the witness stand the different instances when his father took advantage of her. Godofredo relied his
defense to rebut such narration on alibi and denial. The court convicted the accused of simple rape on two of the cases filed against
the latter but acquitted him on the other two due to the fact that it was not corroborated by Cherrys testimony. The court, however,
did not appreciate the qualifying circumstances of minority and relationship to make the felony one of qualified rape since they
were not alleged in the information. Hence, the offense was that of simple rape punishable by reclusion perpetua.
DOCTRINE: For the qualifying circumstance to be appreciated, it must have been specifically pleaded in the information. This is
in conformity with the rule that the Constitution guarantees the right of every person accused in a criminal prosecution to be
informed of the nature and the cause of accusation against him.
FACTS:
1. Cherry Rose Teves filed complaint against his father
for multiple counts of rape committed against her.
These were allegedly committed since 1993 up to the
1st, 3rd and 8th day of January 1995.
2. The provincial prosecutor of Cavite filed four
separate informations of rape against Godofredo.
Except for the dates, the accusatory portions of the
informations were similar which emphasizes that
Godofredo take undue advantage over the person of
his own daughter who is only thirteen years old.
3. The four cases were consolidated and jointly tried.
Upon arraignment, Godofredo pleaded not guilty.
4. As his defense, Godofredo relied solely on the basis
of alibi and denial stating that the testimony of his
daughter is hollow and totally unworthy of belief.
5. Cherry testified that on the day before New Year of
1995 her father touched her breast. On that same day
she was raped by her father. A week after that she
was also raped by her father while she was taking a
bath by asking her to pass the tabo. And on another
occasion she was was raped by her father after asking
her brother to buy cigarettes. She testified that her
mother was a laundrywoman and was away during
those instances that her father took advantage of her.
6. The trial court applied Sec. 335 of RPC as amended
by Sec. 11 of RA 7659 which imposes death penalty
when the victim is below 18 yrs of age (she is only
13 yrs old at that time) and the accused is the parent.
7. Godofredo contend that Cherrys testimony contained
uncertain and conflicting answers: 1) She failed to
recall the exact date and details of the rape instances;
2) The testimony did not prove force and
intimidation; 3) The evidence was purely speculative
and conjectural; 4) there is unreasonable delay in the
filing of the complaint (2 years).
ISSUE/S: (Main Issue in class is Issue #7)
1. WON Cherrys testimony is credible? YES
2. WON inconsistencies in tstimony weaken the Case? NO
3. WON forcible carnal knowledge is proven? YES
4. WON the delay in instituting the criminal charge gives
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