Complainant: Maricar Dimaano (daughter of the accused)
Accused/Appellant: Edgardo Dimaano
Facts:
Maricar Dimaano was 10 years old when she was first sexually abused by the accused herein, Edgardo Dimaano, in the morning of September 1993. The appellant entered her room and laid down beside her. He removed her clothes and asked her to lie face down then inserted his penis into her anus. Maricar kept the incident to herself as her father might hurt her. Days and years later, her father again assaulted her. The complainant again kept the incident to herself. It was November 1995 that she confessed to her mother about the sexual abuses.
On January 1, 1996, she was again assaulted by her father. The appellant laid the complainant down on the sofa then placed himself on top of her and made pumping motions even with their shorts on. He only stopped when he heard his wife arriving.
The court found Edgardo Dimaano guilty beyond reasonable doubt of 2 counts of rape and attempted rape.
Issue:
Whether the complaint for attempted rape sufficiently alleged the specific acts or omissions constituting the offense (Rule 110, Section 6)
Ruling:
No. For the complaint to be sufficient, it must state the name of the accused; designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; name of the offended party; approximate time of the commission of the offense; and the place where the offense was committed. (Section 6)
In the case at bar, the above-cited complaint does not allege specific acts or omission constituting the elements of the crime of rape. Neither does it constitute sufficient allegations of elements for the crimes other than rape. The allegation that Edgardo tried and attempted to rape his daughter, Maricar, does not satisfy the test of sufficieny of the complaint or information.
Therefore, Edgardo Dimaano was acquitted in the commission of the crime of attempted rape.
Additional Notes: The acts or omissions complained of must be alleged in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment. No information for a crime will be sufficient if it does not accurately and clearly allege the elements of the crime charged. Every element of the offense must be stated in the information.
