UY
RULE 110, SECTION 5
PEOPLE V. SUNPONGCO
JUNE 30, 1988 G.R. NO. L-42665 CORTES
RECIT READY SYNOPSIS
Relevant Provisions / Concept / Doctrines
Jurisprudence reveals that if the complaint in a case which cannot be prosecuted de oficio is
forwarded to the trial court as part of the records of the preliminary investigation of the case,
the court can take judicial notice of the same without the necessity of its formal introduction
as evidence for the prosecution
FACTS
Juanita Angeles, the offended party, left her residence at Hagonoy, Bulacan to get
rice from a warehouse.
She was with one Benita Fabian and rode a passenger jeepney and as they reached
a bridge, a car overtook them and stopped in front of the jeep
The car was driven by the accused Calayag and passengers of which are the 2
respondents and one Gabriel.
When they alighted the car and boarded the jeep, wherein the respondent ordered the
jeep to proceed to a place.
Upon reaching to the uninhabited place, Silvestre forced the offended party to alight
the jeep with the aid of a gun.
They then proceeded to Manila, then a Hotel in Tagaytay.
Silvestre, again forced the offended and Benita to alight the vehicle and brought them
inside the hotel.
When they were inside the room, Silvestre pushed the offended party and fell on a
chair.
He then embraced and kissed her, and continued taking liberties. While she was
fighting back, Silvestre punched her in the stomach, as a result lost her
consciousness.
it was then that Silvestre succeeded in his first sexual intercourse with her.
When she regained her consciousness, Silvestre was on top her again where he
consummated the second intercourse.
ISSUE
WON THE TRIAL COURT ERRED OF ACQUIRING JURISDICTION ON THE GROUND
THAT THE SWORN COMPLAINT OF THE OFFENDED PART WAS NOT FORMALLY
OFFERRED IN EVIDENCE BY THE PROSECUTION? NO.
RULING
CFI: Guilty for the complex crime of forcible abduction and rape
Under Article 344 of the Revised Penal Code and Rule 110 section 5 (formerly section 4 of
the Revised Rules of Court) of the 1985 Rules on Criminal Procedure require that the
offenses of abduction and rape and other offenses which cannot be prosecuted de oficio shall
not be prosecuted except upon complaint filed by the offended party. Compliance with this is
a jurisdictional and not merely a formal requirement.
Under Rule 132, section 35, Rules of Court, provides that evidence which has not been
formally offered shall not be considered by the court.
It is admitted that the sworn complaint of Juanita Angeles was not formally offered in
evidence by the prosecution. This failure to adhere to the rules is not fatal and did not
oust the court of its jurisdiction to hear and decide the case. Jurisprudence reveals that if
the complaint in a case which cannot be prosecuted de oficio is forwarded to the trial court as
part of the records of the preliminary investigation of the case, the court can take judicial
notice of the same without the necessity of its formal introduction as evidence for the
prosecution
The records of this case forwarded to the CFI include the complaint filed by Juanita Angeles
in the municipal court of Guiguinto Bulacan which conducted the preliminary investigation.
Likewise the minutes of the September 3, 1965 hearing shows that the subject complaint was
marked as Exhibit "X" by the court as disclosed by the records on page 91.
Dispositive:
WHEREFORE, the decision of the Court of First Instance of Bulacan is hereby AFFIRMED with
the modification that the indemnity awarded by the trial court is raised to P30,000.00.
