G.R. No.

L-43602 January 31, 1989

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
ANTONIO PAILANO, accused-appellant.

Facts:
- Pailano was charged with the rape of one Anita Ibañez by the lower court
- Anita, a 15 y.o., alleged that on the day in question, Pailano dragged her in a bushy place, threatened
her with a scythe, and then forcibly raped her.
- Pailano, 69 y.o., did not deny that he had sexual intercourse with Anita, but insisted that it was voluntary.
He said that it was Anita who enticed him into the bushes. He was unable to have an erection because of
his age, but Anita rubbed his organ until he was stimulated and succeeded in penetrating her.
- The criminal complaint alleged the commission of the crime through the first method of rape (by using
force or intimidation). However, the prosecution sought to establish at the trial that Anita was a mental
retardate. Its purpose in doing so is not clear.

Issue: WoN the Pailano can be convicted on the ground not alleged in the criminal complaint

Held: NO.

- If the prosecution was seeking to convict Pailano on the ground that he violated Anita while she was
deprived of reason or unconscious, such conviction could not have been possible under the criminal
complaint as worded. This described the offense as having been committed by "Antonio Pailano, being
then provided with a scythe, by means of violence and intimidation, (who) did, then and there,
wilfully, unlawfully and feloniously have carnal knowledge of the complainant, Anita Ibañez, 15
years of age, against her will." No mention was made of the second circumstance.

- Conviction of the accused on the finding that he had raped Anita while she was unconscious or
otherwise deprived of reason and not through force and intimidation, which was the method alleged would
have violated his right to be informed of the nature and cause of the accusation against him. This right is
safeguarded by the Constitution to every accused so he can prepare an adequate defense against the
charge against him. Convicting him of a ground not alleged while he is concentrating on his defense
against the ground alleged would plainly be unfair and underhanded.

- The conviction of Pailano was REVERSED by the SC, and was acquitted on reasonable doubt.