People v. Velasco
REITERATIONFacts
The Antecedents: The accused, Jerry Velasco y Cabahug, was convicted of rape based on the sworn complaint of Maria Loreto Mas and sentenced to life imprisonment, indemnity, and costs. Procedural History: The accused appealed the decision of the trial court. After the parties filed their respective briefs, the case was submitted for decision. The Petition: A manifestation and motion was filed by the counsel for the appellant, who was also acting as counsel for the complainant. The motion prayed for the termination of the criminal action and cancellation of the bail bond, stating that the appellant and the complainant were married on December 22, 1970. A xerox copy of the marriage contract, duly certified, was attached as Annex "A". The complainant verified the motion, signing as Maria Loreto M. Velasco.
Issue(s)
Whether the marriage of the accused-appellant to the offended party extinguishes the criminal action for rape. Whether the criminal case has become moot and academic.
Ruling
The Supreme Court dismissed the criminal case and ordered the cancellation of the bail bond for the provisional liberty of the accused-appellant, Jerry Velasco y Cabahug, without costs.
Ratio Decidendi
On Issue 1: The Supreme Court held that under paragraph 4 of Article 344 of the Revised Penal Code, the marriage of the offender with the offended party extinguishes the criminal action for rape. This provision is clear and leaves no room for interpretation. The Court cited the case of Laceste vs. Santos (56 Phil. 472) in support of this principle. On Issue 2: Considering that the marriage of the offender with the offended party extinguishes the criminal action for rape, and there being no indication that the marriage was entered into in bad faith, the criminal case has, as a consequence, become moot and academic. The Court found no evidence to suggest that the marriage was a sham or entered into solely to evade prosecution. Therefore, the purpose of the criminal action, which is to punish the offender and protect society, has been rendered moot by the subsequent lawful union of the parties. The dismissal of the case is a logical consequence of the extinguishment of the criminal action.
Main Doctrine
The marriage of the offender with the offended party extinguishes the criminal action for rape, rendering the case moot and academic, provided there is no indication that the marriage was entered into in bad faith.