Back

People vs. Avelino Latag

PEOPLE OF THE PHILIPPINES, appellee, vs. AVELINO LATAG y DITA alias "PAUTO," appellant.

G.R. Nos. 140411-13 | 2003-12-11

D E C I S I O N

PANGANIBAN, J.:

As a rule, the precise time of the commission of the rape need not be alleged in the complaint. Although appellant is guilty of rape, the death penalty imposed by the trial court should nonetheless be reduced to reclusion perpetua, because the Information failed to allege his relationship with the victim.

The Case

For automatic review before this Court is the May 10, 1999 Decision[1] of the Regional Trial Court (RTC) of Lipa City (Branch 12) in Criminal Case No. 0460-97, finding Avelino Latag y Dita guilty beyond reasonable doubt of rape. The decretal portion of the Decision reads:

"WHEREFORE, x x x.

"x...