That on or about 10:30 in the evening more or less, of October 9, 1998, at Gusa, Cagayan de Oro
City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused by
means of force upon person did then and there wilfully, unlawfully and feloniously have carnal
knowledge with the private complainant, her [sic] wife, against the latter[']s will.
Contrary to and in Violation of R.A. 8353, the Anti-Rape Law of 1997.
Meanwhile the Information in Criminal Case No. 99-669 reads:
That on or about 10:30 in the evening more or less, of October 10, 1998, at Gusa, Cagayan de Oro
City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused by
means of force upon person did then and there wilfully, unlawfully and feloniously have carnal
knowledge with the private complainant, her [sic] wife, against the latter's will.
Contrary to and in Violation of R.A. 8353, the Anti-Rape Law of 1997.
The accused-appellant was arrested upon a warrant issued on July 21, 1999.11 On August 18, 1999,
the accused-appellant filed a Motion for Reinvestigation,12 which was denied by the trial court in an
Order13 dated August 19, 1999. On even date, the accused-appellant was arraigned and he entered
a plea of not guilty to both charges.14
On January 10, 2000, the prosecution filed a Motion to Admit Amended Information15 averring that
the name of the private complainant was omitted in the original informations for rape. The motion
also stated that KKK, thru a Supplemental Affidavit dated November 15, 1999,16 attested that the true
dates of commission of the crime are October 16, 1998 and October 1 7, 1998 thereby modifying the
dates stated in her previous complaint-affidavit. The motion was granted on January 18,
2000.17 Accordingly, the criminal informations were amended as follows:
Criminal Case No. 99-668:
That on or about October 16, 1998 at Gusa, Cagayan de Oro City, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused by means of force upon person did
then and there wilfully, unlawfully and feloniously have carnal knowledge with the private
complainant, his wife, [KKK], against the latter's will.
Contrary to and in violation of R.A. 8353, the Anti-Rape Law of 1997.18
Criminal Case No. 99-669:
That on or about October 17, 1998 at Gusa, Cagayan de Oro City, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused by means of force upon person did
then and there wilfully, unlawfully and feloniously have carnal knowledge with the private
complainant, his wife, [KKK], against the latter's will.
Contrary to and in violation of R.A. 8353, the Anti-Rape Law of 1997.19
The accused-appellant was thereafter re-arraigned. He maintained his not guilty plea to both
indictments and a joint trial of the two cases forthwith ensued.
Version of the prosecution