CRIM PRO PEOPLE VS MENDEZ

PEOPLE V. ROSENDO MENDEZ

G.R. NO. 132546

Accused was found guilty of raping his 16 year old step daughter.  He assails the defective information.

HELD:

The failure of the information to state that the accused raped the victim “through force or intimidation” is not a fatal omission in this case because the complaint alleged the ultimate fact that the accused raped the victim “by means of force”.  So at the outset, the appellant could have readily ascertained that he was being accused of rape committed through force, a charge that sufficiently complies with Art 335. However, since the information alleges that the victim was his daughter, when in truth the actual relationship of the appellant with the victim is that of stepfather and stepdaughter, the appellant can be held liable only for simple rape.