427 Phil. 672
PANGANIBAN, J.:
“WHEREFORE, premises considered, this court finds, viz:Two separate Informations dated January 29, 1997 and February 28, 1997 charged appellant with rape allegedly committed as follows:
“In Criminal Case No. 8324, the guilt of accused Rolly Espejon having been established by proof beyond reasonable doubt for the crime of RAPE committed by a father against his daughter Jovelyn A. Espejon who is under eighteen (18) years of age at the time of the commission of the crime, said accused is hereby sentenced to DEATH and to pay Jovelyn Espejon and her mother the sum of P50,000.00.
“In Criminal Case No. 8379, for lack of jurisdiction over the case against accused Rolly Espejon, the same is hereby ordered DISMISSED.”[2]
Criminal Case No. 8324:Assisted by his counsel,[5] appellant pleaded not guilty during his arraignment on May 14, 1997.[6] After a joint trial, the court a quo rendered its now-appealed Decision finding him guilty of rape in Criminal Case No. 8324 and dismissing Criminal Case No. 8379 for lack of jurisdiction.
“That sometime in the year 1995 and subsequent thereto, at Sitio Matungao, Municipality of Masbate, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, being the father and with moral ascendancy, with lewd design, by means of violence and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge [of] Jovelyn A. Espejon against her will and consent.”[3]
Criminal Case No. 8379:
“That sometime in the year 1982 and dates subsequent thereto, at Sitio Matungao, Barangay Tugbo, Municipality of Masbate, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, and by means of force and intimidation, did then and there wilfully, unlawfully and feloniously [have] sexual intercourse with his own daughter, Lilibeth A. Espejon, against her will.”[4]
“Appellant Rolly Espejon and his wife Elsie Abellar got married sometime in 1974. They were blessed with nine [9] children consisting of five [5] daughters and four [4] sons. This picture of a seemingly wholesome and happy family was shattered upon complaint of two [2] daughters, herein private complainants Jovelyn and Lilibeth Espejon, that appellant, their own father, had been sexually molesting them.
“Jovelyn recalls that appellant first raped her sometime in 1995 while she was only thirteen [13] years of age. At that time, her elder brother and sister were in Manila, and her mother was attending to the wake of her grandfather some 500 meters away from their house at Sitio Matungao, Tugbo, Masbate, Masbate. Appellant came home that night when Jovelyn’s younger brothers and sisters were already fast asleep. He approached Jovelyn who was sleeping near the east portion of the ‘gabay,’ about five [5] meters away from where her siblings were sleeping and ordered her to remove her panty. Appellant told Jovelyn not to make any noise or he [would] cut off her neck. He [lay] on top of her and inserted his penis inside her vagina. Jovelyn felt pain but cried silently as she was afraid of her father. The sexual abuse continued for about one [1] hour. Appellant only stopped after Jovelyn felt that a sticky substance came out of his penis. Thereafter[,] appellant told Jovelyn not to tell anybody about the incident and repeated his warning that he [would] cut off her neck if she disobeyed.
“Appellant repeated the sexual [abuse] against Jovelyn two [2] more times during that period when her mother was out of their house attending to the wake of their grandfather. The second sexual assault occurred barely four [4] days after the first. After the burial of her grandfather, when her mother had already returned home, appellant continued raping her [on] six [6] more occasions. These subsequent sexual assaults occurred during daytime. Appellant would bring Jovelyn to the bushes around seventy [70] meters from their house where he sexually molested [her].
“Sometime in November 1996, Jovelyn’s elder sister Lilibeth, the other complainant, arrived from Manila. Her mother was very happy and requested Lilibeth to stay home. However, Lilibeth refused and wanted to go back to Manila immediately. At this point, Lilibeth disclosed to her mother that appellant had raped her twice, the first was committed sometime in 1982 while she was still seven [7] years of age, and the second in 1989 when she was already fourteen [14] years old. And this was the reason why she had to leave for Manila in 1992.
“Lilibeth’s revelation gave Jovelyn the courage to disclose that she was likewise being sexually abused by their father. Upon learning of this, their mother brought both Jovelyn and Lilibeth to the Municipal Health Office of Masbate for medical examination on November 30, 1996. xxxxxx xxx xxx
“Thereafter, private complainants executed their respective affidavits and complaints in support of the rape charges against the appellant.”[8] (Citations omitted)
“ROLLY ESPEJON testified that he did not sexually abuse [his] two (2) daughters, Lilibeth and Jovelyn Espejon. They were only instigated by their mother. From 1982 up to 1992, when Lilibeth was still staying with them at Matungao, Tugbo, there was no instance that he had a quarrel against his wife o[n] something related to Lilibeth. The only time he had a quarrel with his wife was when he caught his wife and her paramour engaged in a sexual act inside their house which prompted him to box his wife who lost consciousness. He was not able to take hold of the paramour because he jumped out of the window. He caught them having an illicit affair on 10 November 1996 even prior to [the] arrival of Lilibeth on 15 November 1996."[10]
“This court [has] carefully analyzed the testimony of complainant Jovelyn who is the daughter of accused Rolly Espejon. She appears to be of tender age and definitely inexperienced in sexual matters to fabricate the charge against her own father for no reason at all. This court finds her testimony credible, natural and in accordance with the ordinary course of nature and the ordinary habits of life to such a degree that any minor inconsistencies in her testimony [may be] considered badges of veracity or manifestations of truthfulness on material points in the testimony.
“The claim of the defense that the cases were concocted by Rolly’s wife and children because Rolly caught his wife Elsie having sexual intercourse with her paramour Jaime Apaya in November 1995 is preposterous and obviously contrived. It appears to be his last ditch effort to save his neck for the grave injustice that the accused committed against his own family. It has to be rejected.xxx xxx xxx
“In rape, force need not always produce physical injuries. The absence of external signs of physical injuries on the body of the victim Jovelyn and the latter’s failure to shout for help or her failure to immediately report it to her mother or the authorities do not negate rape. It is not necessary that force be employed. Intimidation is sufficient, and this includes the threat to kill her. Intimidation is addressed to the mind of the victim and, therefore, subjective. Its presence could not be treated by any hard and fast rule but must be viewed in the light of the victim’s perception and judgment at the time of the crime. Jovelyn Espejon was only then 13 years old and the offender was her own father who ha[d] moral influence on her. One cannot expect her to cry out in public her personal anguish, humiliation and pain. Jovelyn Espejon should be looked upon with pity for the bestiality she went through [at] the hands of no other than her own father. Her courage failed her until such time when she learned that her other sister suffered the same fate as her from her father’s hands.”[11]
“I
The court a quo gravely erred in convicting accused-appellant Rolly Espejon despite failure on the part of the prosecution to establish the actual date of the commission of the crime of rape.“II
The court a quo erred in imposing the capital punishment of death.”[13]
“Although the information did not state with particularity the dates when the sexual attacks took place, we believe that the allegations therein that the acts were committed ‘[i]n the year 1991 and the days thereafter’ substantially apprised appellant of the crime he was charged with since all the essential elements of the crime of rape were stated in the information. As such, appellant cannot complain that he was deprived of the right to be informed of the case filed against him. An information can withstand the test of judicial scrutiny as long as it distinctly states the statutory designation of the offense and the acts or omissions constitutive thereof.”[20]Justifying the ruling, the Court continued:
“x x x. The date or time of the commission of rape is not a material ingredient of the said crime because the gravamen of rape is carnal knowledge of a woman through force and intimidation. In fact, the precise time when the rape takes place has no substantial bearing on its commission. As such, the date or time need not be stated with absolute accuracy. It is sufficient that the complaint or information states that the crime has been committed at any time as near as possible to the date of its actual commission. x x x.”[21]Clearly then, the validity of the Information cannot be successfully assailed by appellant on the basis of the prosecution’s failure to allege the specific actual date of the rape. In fact, this Court has ruled that even a variance of a few months between the time indicated in the information and that established by the evidence during the trial does not constitute an error so serious as to warrant a reversal of a conviction solely on that score.[22]
“The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:Being special qualifying circumstances, the minority of the victim and her relationship to the offender should be alleged in the information for death to be imposable.[27](1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.” (Emphasis supplied)