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PEOPLE vs Cachapero

PEOPLE OF THE PHILIPPINES, appellee, vs. LARRY CACHAPERO y BASILIO, appellant.

G.R. No. 153008 | 2004-05-20

D E C I S I O N




PANGANIBAN, J.:

Time is not an essential element of rape. An information that states the approximate rather than the precise time it was committed is sufficient in form. Any perceived formal defect in the information must be raised before arraignment, either through a bill of particulars or a motion to quash; otherwise, objection to such defect shall be considered waived.

The Case

Larry Cachapero y Basilio appeals the January 15, 2002 Decision[1] of the Regional Trial Court (RTC) of Camiling, Tarlac (Branch 68), in Criminal Case No. 98-68 Cam, finding him guilty of rape as follows:

"WHEREFORE, in view of the...