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People v. Dimaano, G.R. No. 168168, (September 14, 2005), 506 PHIL 630-653) DIgest

The Supreme Court ruled that the complaint for attempted rape in Criminal Case No. 96-151 was insufficient. The complaint failed to allege the specific acts committed by the accused that constituted the elements of attempted rape. To be sufficient, a complaint must state the name of the accused, the offense, the acts constituting the offense, the name of the victim, approximate time and place of the offense. The complaint did not describe acts showing the accused commenced rape and did not desist on his own. It therefore lacked an essential element of attempted rape.

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113 views2 pages

People v. Dimaano, G.R. No. 168168, (September 14, 2005), 506 PHIL 630-653) DIgest

The Supreme Court ruled that the complaint for attempted rape in Criminal Case No. 96-151 was insufficient. The complaint failed to allege the specific acts committed by the accused that constituted the elements of attempted rape. To be sufficient, a complaint must state the name of the accused, the offense, the acts constituting the offense, the name of the victim, approximate time and place of the offense. The complaint did not describe acts showing the accused commenced rape and did not desist on his own. It therefore lacked an essential element of attempted rape.

Uploaded by

Ellis Val Gonzales Jamito
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEOPLE OF THE PHILIPPINES v.

EDGARDO DIMAANO

G.R. No. 168168, September 14, 2005

FACTS:

Criminal Case No. 96-125

That sometime in the year 1993 in the Municipality of Parañaque City, Metro Manila, Philippines and
within the jurisdiction of this Honorable Court, the above-named accused, by means of force and
intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the
undersigned complainant Maricar Dimaano y Victoria, who is his own daughter, a minor 10 years of age,
against her will and consent.

Criminal Case No. 96-150

That on or about the 29th day of December 1995, in the Municipality of Parañaque City, Metro Manila,
Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of
force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of
the undersigned complainant Maricar Dimaano y Victoria, who is his own daughter, a minor 12 years of
age, against her will and consent.

Criminal Case No. 96-151

That on or about the 1st day of January 1996, in the Municipality of Parañaque City, Metro Manila,
Philippines and within the jurisdiction of this Honorable Court, the above-named accused, try and
attempt to rape one Maricar Dimaano y Victoria, thus commencing the commission of the crime of
Rape, directly by overt acts, but nevertheless did not perform all the acts of execution which would
produce it, as a consequence by reason of cause other than his spontaneous desistance that is due to
the timely arrival of the complainant's mother.

ISSUE:

Is the complaint on the attempted rape in Criminal Case No. 96-151 sufficient?

RULING:

No. It lack the element of the Section 6, Rule 110 of the Rules of Court provides that, for complaint or
information to be sufficient, it must state the name of the accused; the designation of the offense given
by the statute; the acts or omissions complained of as constituting the offense; the name of the
offended party; the approximate time of the commission of the offense, and the place wherein the
offense was committed. What is controlling is not the title of the complaint, nor the designation of the
offense charged or the particular law or part thereof allegedly violated, these being mere conclusions of
law made by the prosecutor, but the description of the crime charged and the particular facts therein
recited. Every element of the offense must be stated in the information or complaint. The above-cited
complaint does not allege specific acts or omission constituting the elements of the crime of rape.
Elements of Rape

(1) The offender had carnal knowledge of the victim; and

(2) Such act was accomplished through force or intimidation; or when the victim is deprived of reason or
otherwise unconscious; or when the victim is under twelve years of age.

Elements of Attempted Rape

The elements, therefore, of an attempted felony are the following:

(1) The offender commences the commission of the felony directly by overt acts;

(2) He does not perform all the acts of execution which should produce the felony;

(3) The offender's act be not stopped by his own spontaneous desistance; and

(4) The non-performance of all acts of execution was due to cause or accident other than his
spontaneous desistance.

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