In 1995, AAA, an eight year old child, reported to her mother that she was raped by Edwin Ladrillo. Subsequently, an information for rape was filed against Ladrillo. The Information reads:
That on or about the year 1992 at Abanico Road, Brgy. San Pedro, Puerto Princesa City . . . . the said accused, with the use of force and intimidation did then and there willfully, unlawfully, and feloniously have carnal knowledge with the undersigned five (5) years of age, minor, against her will and without her consent.
The trial court convicted Ladrillo after trial.
ISSUE: Whether or not the conviction is proper.
HELD: No. Sec. 11, Rule 110, of the Rules Court requires that the time of the commission of the offense must be alleged as near to the actual date as the information or complaint will permit. The phrase “on or about the year 1992” encompasses not only the twelve months of 1992 but includes the years prior and subsequent to 1992, e.g., 1991 and 1993, for which Ladrillo has to virtually account for his whereabouts. Hence, the failure of the prosecution to allege with particularity the date of the commission of the offense and, worse, its failure to prove during the trial the date of the commission of the offense as alleged in the Information, deprived Ladrillo of his right to intelligently prepare for his defense and convincingly refute the charges against him.
The indefinite designation as to the occurrence of the alleged crime runs afoul of the constitutionally protected right of the accused to be informed of the nature and cause of the accusation against him.
