This case has been cited 2 times or more.
|
2002-12-27 |
CARPIO-MORALES, J. |
||||
| that the accused had carnal knowledge of or sexual intercourse with the private complainant. In the criminal complaints at bar, however, no such allegation was made. The allegation that accused-appellant did "sexually abuse" Filipina does not suffice. In the recent case of People v. Lito Egan alias Akiao[32], this Court ruled that "although the prosecution has proved that [the therein private | |||||
|
2002-12-27 |
CARPIO-MORALES, J. |
||||
| complainant] Lenie was sexually abused, the evidence proffered is inadequate to establish carnal knowledge."[33] Hence, sexual abuse cannot be equated with carnal knowledge or sexual intercourse.[34] The allegation in the instant criminal complaints that accused-appellant "sexually abuse[d]" the private complainant cannot thus be read to mean that accused-appellant had carnal knowledge or sexual intercourse with the private complainant. This Court is not unaware of the rule in case there is a variance between allegation and proof as etched in Section 4 of Rule 120 of the Revised Rules of Criminal Procedure which reads: | |||||