People v Escultor

Facts: The prosecution charged appellant with two counts of rape committed against the daughter of his
common-law wife.

The trial court found Jenelyn’s testimony positive, credible, spontaneous and straightforward, and held
that appellant committed statutory rape.

Issues:

1. The court a quo gravely erred in convicting appellant of the crime of rape in crim. Case no. Ceb-
brl-479 despite lack of specific details on how appellant committed rape.
2. The court a quo gravely erred in imposing death penalty for each count of rape despite the fact
that the information were defective.

Ruling:

1.No. Jenelyn testified that appellant placed himself on top of her. When asked by the prosecutor
whether "the organ of appellant was actually inserted into her sex," Jenelyn replied "Yes."

A question that suggests to the witness the answer, which the examining party wants, is a leading
question. Leading questions are not allowed. However, the rules provide for exceptions when the
witness is a child of tender years.

2.No. Death penalty is not the correct penalty because the two informations failed to correctly state
appellant’s relationship with Jenelyn. To justify the death penalty, the prosecution must specifically
allege the information and prove during the trial the qualifying circumstances of the minority of the
victim and her relationship to the offender.