This case has been cited 1 times or more.
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2009-04-24 |
LEONARDO-DE CASTRO, J. |
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| The failure of the prosecution to prove the exact dates of the commission of the crimes charged is immaterial and would not warrant the reversal of accused-appellant's conviction. The exact time of the commission of the crime of rape is not a material ingredient of the said crime and it is sufficient if the acts complained of are alleged to have taken place as near to the actual date at which the offenses are committed as the information or complaint will permit.[30] The gravamen of the crime of rape is carnal knowledge of a woman through force, threat, or intimidation against her will or without her consent.[31] As the exact date of the commission of the rape is not the essence of the crime and it is sufficient to allege in the information a date as near to the actual date of the offense as the circumstances allow, the dates of the rapes committed by the accused-appellant need not be proven exactly as alleged in the criminal informations. | |||||