In a stark reminder of the critical importance of proper legal procedure, the Supreme Court acquitted Dante Cubay y Ugsalan of forty-four counts of rape due to critical deficiencies in the Informations filed against him. The court found that the Informations lacked the essential element of force or intimidation, rendering them insufficient to charge the crime of rape. This case underscores the principle that an accused cannot be convicted of an offense unless all its elements are clearly and accurately alleged in the Information, ensuring the accused is fully informed of the charges and can adequately prepare a defense. This decision highlights that even compelling evidence cannot override a fundamentally flawed charge.

Silence Isn’t Always Consent: When a Defective Charge Undermines Justice

Dante Cubay, a school watchman, faced accusations of raping AAA, a deaf-mute student residing in the school dormitory. The prosecution presented evidence that Cubay had engaged in sexual intercourse with AAA on numerous occasions. However, the legal battle hinged not on the facts presented, but on the way those facts were presented in court. The Supreme Court scrutinized the Informations, the formal charges, and found them fatally flawed. The core legal question became: Can a conviction for rape stand when the formal charges fail to explicitly state that the act was committed with force, intimidation, or without the victim’s consent due to a condition rendering her incapable of giving consent?

The Supreme Court, in its analysis, emphasized the fundamental purpose of an Information: to ensure that the accused is formally informed of the facts and acts constituting the offense charged. This aligns with the constitutional rights of the accused. According to Section 6, Rule 110 of the Rules of Court:

Section 6. Sufficiency of complaint or information. – A complaint or information is sufficient if it states the name of the accused, the designation of the offense 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.

In this case, the Informations failed to explicitly allege that Cubay employed force or intimidation, or that AAA was deprived of reason or otherwise incapable of giving consent. The court underscored the critical nature of this omission, stating that “being a deaf-mute does not necessarily take the place of the element of force or intimidation or having been deprived of reason, unconscious, or demented.” This absence of specific allegations proved fatal to the prosecution’s case.

The Court also addressed the argument that Cubay’s plea of “not guilty” constituted a waiver of objections to the Information. The court clarified that while a plea can waive formal objections, it does not waive objections to the fundamental issue of whether the Information sufficiently charges an offense. Citing Section 9, Rule 117 of the Rules of Court, the Court stated that the validity of the Information goes to the very foundation of jurisdiction and can be raised at any stage of the proceedings. Specifically:

Sec. 9. Failure to move to quash or to allege any ground therefor. – The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of Section 3 of this Rule.

The exception in paragraph (a), “That the facts charged do not constitute an offense,” was deemed applicable in this case, allowing Cubay to challenge the sufficiency of the Information despite his earlier plea.

Even if the Informations were deemed valid, the Supreme Court found that the prosecution failed to establish the elements of rape beyond a reasonable doubt. The Court scrutinized AAA’s testimony, finding it “terse, vague, equivocal, and seriously wanting in details pertaining to the presence of the essential element of force or intimidation.” The Court highlighted that AAA’s testimony only bore the element of carnal knowledge, but not the element of force or intimidation.

The act of AAA pushing Cubay when he undressed her was considered equivocal, not necessarily equating to “force or intimidation.” Quoting People v. Tionloc, the Court emphasized that resistance must be manifested and tenacious:

In People v. Amogis this Court held that resistance must be manifested and tenacious. A mere attempt to resist is not the resistance required and expected of a woman defending her virtue, honor and chastity.

The Court also addressed AAA’s mental capacity to consent, emphasizing that being a deaf-mute does not automatically equate to being incapable of giving consent. The Court cited People v. Butiong:

But a deaf-mute is not necessarily deprived of reason. This circumstances must be proven. Intercourse with a deaf-mute is not rape of a woman deprived of reason, in the absence of proof that she is an imbecile.

The Court noted that AAA had reached Grade VI of elementary education and was assessed by her teacher as an average student and a normal child. Additionally, AAA’s relatives acknowledged her to be normal and capable of engaging in romantic relations. The Court concluded that AAA’s statements were mere general conclusions and that the prosecution failed to present detailed fashion the manner by which each of the crimes was committed.

In summary, the Supreme Court acquitted Cubay due to the deficient Informations and the failure to prove all elements of rape beyond a reasonable doubt. This case emphasizes the necessity of accurately pleading all essential elements of a crime in the Information and underscores the prosecution’s burden to prove those elements beyond a reasonable doubt for a conviction to stand.

FAQs

What was the key issue in this case?	The key issue was whether the Informations filed against the accused sufficiently charged the crime of rape, and whether the prosecution proved all elements of rape beyond a reasonable doubt. The Supreme Court found the Informations deficient, lacking the essential element of force or intimidation.
Why was the accused acquitted?	The accused was acquitted because the Informations did not properly charge the crime of rape by omitting the element of force or intimidation. Additionally, the prosecution failed to prove all the elements of rape beyond a reasonable doubt based on the evidence presented.
What is the importance of the Information in a criminal case?	The Information is crucial because it formally informs the accused of the charges against them, allowing them to prepare an adequate defense. It must clearly and accurately allege every element of the offense charged to ensure a fair trial.
Can an accused waive objections to a deficient Information?	While an accused can waive formal objections to an Information through a plea, they cannot waive objections based on the grounds that the facts charged do not constitute an offense. This objection goes to the foundation of the court’s jurisdiction and can be raised at any stage.
Does being a deaf-mute automatically mean someone is incapable of giving consent?	No, being a deaf-mute does not automatically equate to being incapable of giving consent. The prosecution must provide evidence that the individual suffered from a mental abnormality, deficiency, or retardation that hindered their capacity to give consent.
What kind of resistance is required to prove lack of consent in a rape case?	Resistance must be manifested and tenacious. A mere attempt to resist may not be sufficient to prove lack of consent, as the prosecution must demonstrate that the victim actively and persistently resisted the act.
What was the role of AAA’s teacher’s testimony in the case?	AAA’s teacher’s testimony indicated that she was an average student and a normal child, suggesting she had the capacity to discern right from wrong. This undermined the argument that she was incapable of giving or withholding consent.
What should an Information contain to sufficiently charge the crime of rape?	An Information must contain specific allegations of every fact and circumstance necessary to constitute the crime of rape, including the elements of carnal knowledge and force or intimidation (or the victim’s incapacity to consent).

This case serves as a critical reminder of the importance of meticulous legal procedure in criminal prosecutions. The acquittal of Dante Cubay, despite the serious nature of the charges against him, highlights the necessity of accurately and completely framing the charges in the Information. Furthermore, it underscores the state’s burden to establish every element of the crime beyond a reasonable doubt, ensuring that justice is served while protecting the rights of the accused.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DANTE CUBAY Y UGSALAN, ACCUSED-APPELLANT., G.R. No. 224597, July 29, 2019