Case Digest Prepared by: Sheila

Case Title
TOPIC

Court Third Division

Citation G.R. No. 201147
Date September 21, 2022
Petitioner PEOPLE OF THE PHILIPPINES
Respondent FREDDIE SERNADILLA
Ponente Gaerlan, J.
Doctrine
Rule: Information must state all the material elements of the offense in relation to the constitutional right of
the accused to be informed of the nature and cause of accusation against him — an Information must state
the acts or omissions that constitute the offense, which must be "described in intelligible terms with such
particularity as to apprise the accused, with reasonable certainty, of the offense charged."
Factual allegations constitutive of the offense are substantial matters and an accused's right to question a
conviction based on facts not alleged in the Information cannot be waived. Therefore, even if the
prosecution satisfies the burden of proof, but if the offense is not charged or necessarily included in the
information, conviction cannot ensue.
The test in determining whether the information validly charges the offense is whether material facts
alleged in the complaint or information will establish the essential elements of the offense charged as
defined in the law. As the objective is to enable the accused to adequately prepare for his defense. Thus, it is
more important to aver the ultimate facts rather than employ the technical term employed by the law alone.
Case Summary

Accused was convicted of 1 count of rape and 2 counts of sexual abuse in the lower courts. However, the
information filed for the 2 counts of sexual abuse charges only alleged the presence of carnal knowledge
and not the other elements [of rape].
While the trial court found that there were two convictions of sexual abuse [affirmed by the SC], the failure
of the information to state the material elements of the offense warrants the acquittal of the accused on the
two charges of sexual abuse, otherwise, it would be a violation of their right to informed of the nature and
cause of accusation against him. The Court partially granted the petition, such that the rape conviction still
stands but the sexual abuse charges were acquitted.

FACTS
 1 Count of Rape [Art. 266-A(1)] and 2 Counts of Child Abuse [RA7610]
o Piece of Shit: Freddie Sernadilla, married man, 34 years old [@first offense], Wenceslao
Christian Fellowship pastor, distant relative of victim
o Victim: 14-yr old AAA, member of church with her family
 Three occurences and information:
o October 2004, 10PM. Victim was at the pastoral house when accused turned off the lights and
embraced her. He threatened her not to shout or he will kill her. He ordered her to lie down on a
wooden bench and gained carnal knowledge. She went home crying.
▪ Alleged the elements of rape. Though “force and intimidation” not mentioned, it was
inferred through the allegations in the information of the case.
o October 28, 2005. 3PM. AAA was waiting at a shed when accused offered to take her home via
his tricycle. He took her to hut in a citrus plantation and he raped her and threatened her again
after.
o February 9, 2006. AAA and her friends went to accused’s house to get cartons. Accused told
them to stay because he would cook for them. When AAA went to the bathroom to urinate,
accused followed and raped her again, threatening her not to scream. This time, AAA told her
mother, BBB. After scolding her daughter, BBB brought her to the police.
 ▪ Informations 2 and 3 only alleged carnal knowledge of the accused.
 AAA underwent medical examination. Doctors found:
o Healed [hymenal] lacerations and sperm cells in AAA’s vagina → definitive evidence of sexual
contact
 Defense had several testimonies and used the sweetheart theory1, that they have been in a relationship
for 2 years. Accused admitted that he had numerous sexual encounters with AAA.
Case Trail
 RTC found accused guilty of [1 count of] rape and [2 counts of] child abuse.
o Rape was committed at first sexual intercourse, but he established the sweetheart relationship
in the subsequent sexual intercourse
o Element of force and intimidation is evident through the disparity in age and position. Consent
is immaterial because AAA was a minor
 CA denied the appeal and affirmed RTC.
 Piece of shit doubled down in saying the encounters were consensual; that “numerous sexual
intercourse between [AAA] and [accused] negates rape”

ISSUE - HELD - RATIO:

ISSUE # 1 HELD
WON the appeal has merit NO
RATIO
ON THE ONE COUNT OF RAPE
 Elements of Rape present:
o A man who have carnal knowledge of a woman – accused admitted to have carnal knowledge
o Through force, threat, or intimidation – proven through
▪ complete absence of voluntariness on the part of the victim
▪ accused actually employed force and intimidation upon the victim to achieve his end
▪ does not need to be overpowering or irresistible, it is sufficient that it brings the desired
result
• Intimidation includes moral kind of fear.
• Must be viewed in victim’s perspective, no need to prove resistance.
 Appeal in criminal cases throws the entire case open for review on any question or error though
unassigned by the parties. The appellate tribunal can correct the appealed judgment or reverse
altogether the decision of the trial court on any ground.
o Intimidation is appreciated through the examination of the state of mind of the victim
[something the appellate court cannot personally determine], thus, the assessment of the trial
court must be given binding finality in this respect.
 Rule: "factual findings of the trial court and its evaluation of the credibility of witnesses and their
testimonies are entitled to great respect and will not be disturbed on appeal, unless the trial court is
shown to have overlooked, misapprehended, or misapplied any fact or circumstance of weight and
substance."
o No compelling reasons to disturb factual findings exist ICAB.
ON THE TWO COUNTS OF SEXUAL ABUSE
 The test in determining whether the information validly charges the offense is whether material facts
alleged in the complaint or information will establish the essential elements of the offense charged as
defined in the law. As the objective is to enable the accused to adequately prepare for his defense.
Thus, it is more important to aver the ultimate facts rather than employ the technical term employed
by the law alone.
o Though “force and intimidation” was not specifically mentioned in the information, it was
sufficiently alleged that there was insertion of moral ascendancy of the accused over the
victim, as the pastor of the church to which AAA is a member.
o Victim’s failure to resist ≠ voluntariness.

1
The sweetheart theory applies in acts of lasciviousness and rape, felonies committed against or without the
consent of the victim. It operates on the theory that the sexual act was consensual. It requires proof that the accused
and the victim were lovers and that she consented to the sexual relations [i.e., messages, love letters, photos, etc.].
2
  Rule: Information must state all the material elements of the offense in relation to the constitutional
right of the accused to be informed of the nature and cause of accusation against him — an
Information must state the acts or omissions that constitute the offense, which must be "described in
intelligible terms with such particularity as to apprise the accused, with reasonable certainty, of the
offense charged."
o Factual allegations constitutive of the offense are substantial matters and an accused's right to
question a conviction based on facts not alleged in the Information cannot be waived.
Therefore, even if the prosecution satisfies the burden of proof, but if the offense is not
charged or necessarily included in the information, conviction cannot ensue.

 Lack of evidence that the carnal knowledge was done against the will and consent of the victim. AAA
was led to have intercourse with the accused who gave her monetary allowances and other material
support
 Even in the absence of the element of force and intimidation, sexual intercourse with a minor, even if
done with consent, is still punishable as Child Abuse.
o People v. Tulagan. In rape involving a minor who is under 12 years old or is demented consent
is immaterial as the law presumes the victim's incapacity to discern good and evil.
o However, if there is an element of consent, it may fall under Sexual Abuse
 Elements of Sexual Abuse under Section 5(b) of RA7610 - victim is 12 years old or less than 18 and is
deemed to be a child "exploited to prostitution and other sexual abuse" because she agreed to the
sexual intercourse "for money, profit or any other consideration or due to coercion or influence of any
adult, syndicate or group,"
o Offender is a man
o Indulges in sexual intercourse with a female exploited in prostitution or other sexual abuse,
who is ≤12 yrs old or <18 yrs or >18 yrs under special circumstances
o Coercion or influence of any adult, syndicate or group is employed against the child
 If moral ascendancy or moral authority replaces force, threat, or intimidation, it may fall under simple
or qualified seduction.
ICAB:
 Sexual Abuse was established because victim submitted to the carnal desires of the accused-appellant
on account of his inducement, enticement, or coercion, in the form of monetary support
o However, this was not alleged in the information → violation of the right to be informed of the
nature and cause of accusation against him → acquittal
[On the application of the Sweetheart Theory unimportant]
 Not credible when based on the bare testimony of the accused; needs strong corroboration. The
evidence defense submitted only showed interactions not necessarily indicative of a romantic
relationship [photos].
 Also, existence of romantic relationship ≠ consent. A love affair does not justify rape. “Love is not a
license for lust.”

RULING:

WHEREFORE, in view of the foregoing, the appeal is herebyPARTLY GRANTED . Judgment is hereby rendered
as follows:
a. In Criminal Case Nos. 3596 and 3599, Accused-appellant Freddie Sernadilla is ACQUITTED. The
Decision dated June 17, 2011 of the Court of Appeals in CA-G.R. CR-HC No. 31721 which affirmed the
Regional Trial Court of _______________, Branch 96, is hereby REVERSED and SET ASIDE.
b. In Criminal Case No. 3600, the Decision dated June 17, 2011 of the Court of Appeals in CA-G.R. CR-HC
No. 31721 is AFFIRMED with MODIFICATION. Accused-appellant Freddie Sernadilla is found GUILTY
beyond reasonable doubt of the crime of Rape under Article 266-A (1) in relation to Article 266-B of
the Revised Penal Code, for which he is sentenced to suffer the penalty of reclusion perpetua.
Accused-appellant is also ORDERED to pay the victim, AAA, P75,000.00 as civil indemnity,
P75,000.00 as moral damages, and P75,000.00 as exemplary damages. Legal interest at the rate of
six percent (6%) per annum is imposed on the monetary awards from the finality of this Decision until
fully paid.
SO ORDERED.