Case Digest: PEOPLE OF THE PHILIPPINES v . JASON S. NAVARRO et al. 414 SCRA 395 (2003)

PEOPLE OF THE PHILIPPINES v . JASON S. NAVARRO et al. 414 SCRA 395 (2003)

Failure of the accused to object on the insufficiency of the information is deemed a waiver thereof. Josefa P. Noel (Noel) was walking along Avila street, Cebu City when a Tamaraw FX boarded by Jason Navarro, Solomon Navarro, Reynante Olila and Roberto Olila approached her and asked for directions. Subsequently, the victim rode the FX to accompany them and teach the directions. When they reached the place, Jason Navarro insisted to go around with her. During the trip, Jason Navarro started to kiss the Noel and punch him in the stomach. While Solomon Navarro was holding the Noel‘s hands, Jason removed her short pants and panties and inserted his penis to her vagina. Noel was able to ran out of the vehicle and asked for help from the people. Jason and Solomon Navarro denied the accusation against them but the Regional Trial Court (RTC) held them guilty of rape. Their co-accused Roberto Olila was acquitted for insufficiency of evidence.

ISSUE:

Whether or not Navarro et al. may be validly convicted for rape despite the failure to allege ―force or intimidation‖ in the information

HELD:

The gravamen of the offense of rape is sexual intercourse with a woman against her will or without her consent. While generally an accused cannot be convicted of an offense that is not charged in the information, this rule is not without exception. The right to assail the sufficiency of the information or the admission of evidence may be waived by the accused. In the case at bar, while the information failed to specifically allege that the sexual intercourse was committed through force or intimidation, the prosecution presented evidence, no objection to which was interposed appellants, that they committed rape through force. Besides the information alleged that the sexual intercourse was against the victim‘s will.