That on or about the 5th day of January 1996, at around 2:30 o'clock [sic] in the
morning, at Brgy. [Collado], Municipality of [Talavera], Province of Nueva Ecija,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused [Angeles], with lewd design, by means of force, violence and intimidation,
did then and there willfully, unlawfully and feloniously had carnal knowledge of one
AAA against her will and consent, to the damage and prejudice of the said offended
party.
Contrary to law.
Crim Case No. 74-SD(96)
That on or about the 5th day of January 1996, at Brgy. [Collado], Municipality of
[Talavera], Province of Nueva Ecija, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused [Alejandro and Angeles], together with
two (2) other persons whose identities are still unknown (John Doe and Peter Doe),
conspiring, confederating and mutually helping one another, with intent to kill did
then and there willfully, unlawfully and feloniously attack, box, beat and stab one
[BBB] on the different parts of her body with the use of a pointed instrument,
thereby causing her instantaneous death, to the damage and prejudice of the said
victim.
Contrary to law.
Upon Alejandro's arrest, he pleaded not guilty to the charges against him as stated
in Crim. Case Nos. 72-SD(96) and 74-SD(96).[7]
While Angeles was still at large, the prosecution sought for the amendment of the
Informations in Crim. Case Nos. 72-SD(96) and 73-SD(96) to convey a conspiracy
between accused-appellants in the rape cases against AAA. The RTC allowed the
amendment of the Information in Crim. Case No. 73-SD(96) to include Alejandro
therein as a conspirator; however, it disallowed the proposed amendment in Crim.
Case No. 72-SD(96) to include Angeles therein as conspirator on the ground that
Alejandro had already been arraigned in the latter case.[8] The amended
Information in Crim. Case No. 73-SD(96) reads:
That on or about the 5th day of January 1996, at around 2:30 o'clock in the
morning, at Brgy. [Collado], Municipality of [Talavera], Province of Nueva Ecija,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused [Angeles], with lewd design, and in conspiracy with one ALBERTO
ALEJANDRO Y RIGOR (a), "JESUS", by means of force, violence and intimidation,
did then and there willfully, unlawfully and feloniously have carnal knowledge with
one [AAA] against her will and consent, to the damage and prejudice of the said
offended party.