Case Digest: PEOPLE OF THE PHILIPPINES v . EFREN CUSTODIO Y ESTEBAN 557 SCRA 293 (2008)

PEOPLE OF THE PHILIPPINES v . EFREN CUSTODIO Y ESTEBAN 557 SCRA 293 (2008)

An information that fails to allege the use of force and intimidation in a rape case is cured by the failure of the accused to question before the trial court the sufficiency of that information. Efren Custodio was charged before the Regional Trial Court of Bulacan for three (3) counts of rape. Custodio raised as defense the sweetheart theory. He likewise contends that the Information were defective for failing to allege the use of force and intimidation. The RTC rendered judgment finding him guilty of the offense charged. On appeal, the Court of Appeals affirmed the conviction.

ISSUE:

Whether or not the CA erred when it affirmed conviction of Esteban

HELD:

What the Court said People v. Galido is instructive: An information that fails to allege the use of force and intimidation in a rape case is cured by the failure of the accused to question before the trial court the sufficiency of that information; by the allegation in the original complaint that the accused is being charged with rape through force and intimidation; and by unobjected competent evidence proving that the rape was indeed committed through such means. All of these circumstances obtain in the case at bar. Custodio was arraigned and pleaded not guilty to each of the Informations. There was no showing that he did not understand the import of his plea. He did not raise the issue of defect in the Informations prior to his arraignment by filing either a motion to quash under then Section 8 (now Section 9), Rule 117 or a motion for a bill of particulars under then Section 10 (now Section 9), Rule 116 of the Rules of Criminal Procedure. The trial court’s Order of March 6, 2000 records show the arraignment was carried out: The accused Efren Custodio y Esteban, assisted by PAO lawyer Atty. Benjamin Medrano[,] having been furnished a copy of the Informations, was arraigned by reading in open Court the Informations specifying the nature and cause of the accusation against him in Tagalog, which is the dialect understood by him, and knowing fully well its import and significance, he pleaded “Not Guilty” to all the offense[s] charged.