Doctrine: To sustain conviction, the complaint or information must allege nature and cause of

charges against him. This includes the proper narration that all the elements of the alleged offense
are present.
Topic: Rights of the Accused
Sub-topic: Right during criminal prosecution; right to be informed of the nature and cause of the accusation
Alicando, SG

People v. Flores
G.R. Nos. 146921-22. January 31, 2002

Facts:
1. Accused Flores allegedly raped Filipina Flores who was still 11 years old. Note that accused was
the victim’s father. The rape happened when accused asked the victim to accompany him to the
comfort room because he was afraid of ghosts. Victim only agreed because she was always told
to obey his father. In the CR, accused asked the victim to remove her shorts and threatened to kill
her if she won’t obey. He proceeded to insert her finger first and later his penis into the accused’s
vagina
2. More incidents of rape followed after that night.
3. Victim complained to his grandaunt and her playmate. Victim was accompanied by a relative to
report the matter to the police. She was medically examined and it was found that there were
laceration in her sexual organ.
4. In the information, it was stated that accused Flores “willfully, unlawfully, criminally, and
feloniously sexually abused the accused Flores”. It was not rape that was alleged; rather, the
term used was sexually abused.
5. On accused’s defense, the victim’s mother and the accused’ teenaged children corroborated to
discredit the victim. A certain Jocelyn Flores said that victim only faked the rape in obedience to
her grandmother’s request.
6. Accused pleaded not guilty during arraignment.
7. RTC- accused is guilty of statutory rape; will be sentenced to death.
8. Hence, this petition.

Issue:
Whether or not the information filed against accused is null and void.

Ruling:

No, the accused is not guilty of rape.

Carnal knowledge or sexual intercourse between a man and a woman is condition sine qua non
requirement in the crime of rape. To sustain conviction, the complaint or information must allege that the
accused had carnal knowledge of or sexual intercourse with the private complainant. In the criminal
complaints at bar, however, no such allegation was made.

In this case, the information only alleged that accused sexually abused the victim. Jurisprudence
teaches us that sexually abused does not suffice to consider the act as rape. In fact, sexual abused cannot
be equated with carnal knowledge or sexual intercourse. The allegation in the instant criminal complaints
that accused-appellant "sexually abuse[d]" the private complainant cannot thus be read to mean that
accused-appellant had carnal knowledge or sexual intercourse with the private complainant. The recital of
facts in the criminal complaints simply does not properly charge rape, "sexual abuse" not being an essential
element or ingredient thereof. The phrase "sexually abuse" in the criminal complaints at bar does not comply
with the requirement that the complaint must contain a specific averment of every fact necessary to
constitute the crime. Notably, the phrase "sexual abuse" is not used under R.A. No. 7610 as an elemental
fact but as an altogether separate offense. In effect, if the information does not inform the accused of the
nature and cause of the accusation against him, the same shall be null and void.

Therefore, the information filed against accused is null and void.

 EN BANC

[G.R. No. 128823-24. December 27, 2002.]

PEOPLE OF THE PHILIPPINES, accused-appellee, vs. PEDRO FLORES, JR.

y FLORES ALIAS "PESIONG", accused-appellant.

The Solicitor General for plaintiff-appellee.

De Guzman & Yasay Law Office for accused-appellant.

SYNOPSIS

For automatic review is the trial court's decision finding accused guilty of two counts of rape of his
then 11-year old daughter and sentencing him to suffer the death penalty.
The Supreme Court, on appeal, dismissed the criminal cases against the accused, declaring null
and void the informations filed against him, for being violative of his constitutional right to be informed of
the nature and cause of the accusation against him. What characterizes the charge is the actual recital of
facts in the complaint or information. The allegation in the criminal complaints that accused "sexually
abused" the private complainant cannot he read to mean that accused had carnal knowledge or sexual
intercourse with the complainant. The recital of facts in the complaints does not properly charge rape,
"sexual abuse" not being an essential element or ingredient thereof. CHIaTc

SYLLABUS

1. REMEDIAL LAW; CRIMINAL PROCEDURE; APPEAL IN A CRIMINAL CASE THROWS THE

WHOLE CASE OPEN FOR REVIEW. — It is settled that in a criminal case, an appeal throws the whole
case open for review, and it becomes the duty of the appellate court to correct such errors as may be found
in the judgment appealed from, whether they are made the subject of assignment of errors or not.
2. ID.; ID.; PROSECUTION OF OFFENSES; INFORMATION; MUST STATE FULLY THE
ELEMENTS OF THE OFFENSE ALLEGED TO HAVE BEEN COMMITTED. — It is at once apparent, from
a reading of the above-quoted complaints, that accused-appellant was denied the constitutional right to be
informed of the nature and cause of the accusation against him . . . The right cannot be waived for reasons
of public policy. Hence, it is imperative that the complaint or information filed against the accused be
complete to meet its objectives. As such, an indictment must fully state the elements of the specific
offense alleged to have been committed. For an accused cannot be convicted of an offense, even if duly
proven, unless it is alleged or necessarily included in the complaint or information.
3. ID.; ID.; ID.; ID.; ALLEGATION THAT ACCUSED DID "SEXUALLY ABUSE" THE VICTIM IS
INADEQUATE TO ESTABLISH THAT HE HAD CARNAL KNOWLEDGE OF HER; CASE AT BAR. — The
court a quo found accused-appellant guilty of Statutory Rape under Article 335 of the Revised Penal Code,
as amended by R.A. No. 7659 (which restored the death penalty for heinous crimes effective December
31, 1993). . . . The gravamen of the crime of rape is carnal knowledge or sexual intercourse between a man
and a woman under the circumstances enumerated in the penal code. Thus, to sustain a conviction, the
complaint or information must allege that the accused had carnal knowledge of or sexual intercourse
with the private complainant. In the criminal complaints at bar, however, no such allegation was made. The
allegation that accused-appellant did "sexually abuse" Filipina does not suffice. In the recent case
of People v. Lito Egan alias Akiao, this Court ruled that "although the prosecution has proved that [the
therein private complainant] Lenie was sexually abused, the evidence proffered is inadequate to establish
carnal knowledge." Hence, sexual abuse cannot be equated with carnal knowledge or sexual intercourse.
The allegation in the instant criminal complaints that accused-appellant "sexually abuse[d]" the private
complainant cannot thus be read to mean that accused-appellant had carnal knowledge or sexual
intercourse with the private complainant.

DECISION

CARPIO-MORALES, J p:

An assault on sexual innocence can open a floodgate of emotions. This Court, however, cannot
allow emotions to drown an accused's right to be informed of the nature and cause of the accusation against
him.
For automatic review before this Court is the Joint Decision of the Regional Trial Court, Branch 46,
Urdaneta, Pangasinan finding accused-appellant Pedro Flores Jr. y Flores alias "Pesiong" guilty of two
counts of rape of his then 11 year old daughter and sentencing him to suffer the penalty of death in each.
The complaints against accused-appellant filed on February 3, 1997 read as follows:
Criminal Case No. U-9184:
CRIMINAL COMPLAINT 1
The undersigned, FILIPINA FLORES Y LAZO, 11 years old, grade three pupil
and a resident of Sitio Buenlag, Brgy Nancamaliran West, Urdaneta, Pangasinan, under
oath, hereby accuses PEDRO FLORES, JR., Y FLORES for the crime of "RAPE",
committed as follows:
That on the 9th day of December 1996, in the morning at Sitio Buenlag, Brgy.
Nancamaliran West, Municipality of Urdaneta, Province of Pangasinan, Philippines and
within the jurisdiction of this Honorable Court, the above-named accused, by means, of
force and intimidation, did then and there, willfully, unlawfully, criminally and
feloniously sexually abuse the herein complaining witness FILIPINA FLORES Y LAZO,
11 years old, all against her will.
xxx xxx xxx (Emphasis supplied).
Criminal Case No. U-9185:
CRIMINAL COMPLAINT 2
The undersigned, FILIPINA FLORES Y LAZO, 11 years old, grade three pupil
and a resident of Sitio Buenlag, Brgy. Nancamaliran West, Urdaneta, Pangasinan, under
oath, hereby accuses PEDRO FLORES, JR., Y FLORES, ALIAS "PESYONG",
committed as follows:
That on the 28th day of December 1996, in the evening at Sitio Buenlag, Brgy
Nancamaliran West, Municipality of Urdaneta, Province of Pangasinan, Philippines and
within the jurisdiction of this Honorable Court, the above-named accused, with deliberate
intent and by means of force and intimidation, did then and there, willfully, unlawfully,
criminally and feloniously sexually abuse the herein complaining witness
FILIPINA FLORES, an 11 years old and daughter of the herein accused with the use of
sharp pointed bladed weapon and all against her will.
xxx xxx xxx (Emphasis supplied).
Arraigned on February 10, 1997, accused-appellant pleaded not guilty to both charges. 3
 Culled from the records of the case are the following facts established by the prosecution:
On December 5, 1996, private complainant Filipina L. Flores (Filipina), 11 years old at the time,
and her younger sister Catherine were left to the care of their father, herein accused-appellant, at their
family residence in Sitio Buenlag, Barangay Nancamaliran West, Urdaneta, Pangasinan, their mother
Marcelina L. Flores having departed for Singapore to work as an overseas contract worker.
After partaking of supper on the night of December 9, 1996, 4 accused-appellant asked Filipina to
accompany him to the comfort room situated outside their house, 5 claiming that he was afraid of
ghosts. 6 Albeit Filipina did not believe 7 him, she acquiesced because her mother had told her to always
obey her father. 8
When accused-appellant came out of the comfort room, he ordered Filipina to remove her short
pants, threatening her with death if she disobeyed, 9 and made her lie down. 10 He then removed his short
pants and brief and, against her will, he inserted his finger and later his penis into Filipina's vagina 11 where
she later felt hot fluid. 12
Accused-appellant thereafter wiped Filipina's vagina and his hand, threatened to kill her if she
reported what he did, directed her to put on her shorts, and they both went home. The following morning,
Filipina reported the incident to her "Inang Lorie" whose full name is Norielyn Antonio, the aunt of her
mother, who told her that if her father would sexually assault her again, he would have him detained.
Nineteen nights later or on December 28, 1996, as Filipina lay asleep in their house, she was
awakened when accused-appellant touched her right foot. 13 Armed with a knife 14 , accused-appellant
told her not to talk 15 and ordered her to remove her short pants and panty. She complied. Accused-
appellant thereupon removed his short pants and brief and went on top of her chest during which she tried
to push him away but failed.
Accused-appellant then inserted his finger into Filipina's vagina for some time, 16 wiped his hands,
and then inserted his penis for a long time as he was sucking her breast. Filipina felt accused appellant's
semen drop into her private organ where she noticed the presence of blood and a bit of whitish substance.
Accused-appellant later wiped her vagina with a towel. The following morning, private complainant
again reported the matter to her grandaunt Norielyn, 17 and to her playmate Carla Salvador. 18
On January 31, 1997, Filipina, accompanied by Norielyn, a relative, and a tricycle driver-neighbor,
reported the matter to the Philippine National Police of Urdaneta where she gave a statement. On the same
day, she, still accompanied by Norielyn, submitted herself to a medical examination at the Don Amadeo J.
Perez, Jr. Memorial General Hospital the results of which are contained in a medical certificate 19 showing
the following:
- (-) Negative menarche
- Multiple deep healed lacerations all over the labia majora.
- Admits examining finger with ease.
- (+) sticky whitish discharge.
Dr. Jeanna B. Nebril, the examining physician, found the presence of "deep-healed lacerations all
over the labia majora" 20 which deep-healed lacerations connote, according to the doctor, the application
of force, possibly two weeks before the examination.
Denying the accusations, accused-appellant claimed as follows:
Filipina, whom he whipped in the afternoon of December 9, 1996 for not attending school on the
6th, 7th and 8th of December that year and for having received money from her classmate, 21 was not in
their house on the night of December 9, 1996 because she was in the house of Norielyn. Neither was she
in their house on the night of December 28, 1996 as she was at the house of his mother
Margarita Flores 22 in Cafloresan.
 Accused-appellant's testimony was corroborated by his mother Margarita, and his teenaged
children Benito and Baby Jean Flores who were staying in his mother's house. It was also corroborated by
another teenaged child, Jocelyn Flores, who was staying in the house of accused-appellant's mother-in-
law, Lourdes Lazo, also in Barangay Nancamaliran West. 23 Jocelyn added that Filipina had intimated to
her that she fabricated the rape charges because their maternal grandmother Lourdes wanted their father,
accused-appellant, jailed as he begrudged him for having eloped with their mother, 24 and that Lourdes
threatened her with abandonment or detention in jail in case she defied, and promised to give her jewelry,
shoes and dress if she agreed to carry out her desire.
After trial, the court a quo found accused-appellant guilty of Statutory Rape and sentenced her to
death in both cases in its April 7, 1997 Joint Decision, the dispositive portion of which reads:
WHEREFORE, JUDGMENT is rendered CONVICTING PEDRO FLORES,
JR. Y FLORES ALIAS PESIONG beyond reasonable doubt of the crime of Statutory
Rape, an offense defined and penalized under paragraph 3, Article 335, of the Revised
Penal Code in relation to Section 1, Republic Act 7659 aggravated by relationship, the
Court sentences, PEDRO FLORES, JR. Y FLORES ALIAS PESIONG as follows:
CRIMINAL CASE NO. U-9184 — to suffer the penalty of DEATH;
ordering Pedro Flores, Jr. y Flores alias Pesiong to pay Filipina the sum of
P50,000.00 as moral damages, P20,000.00 as exemplary damages; plus
all the necessary penalties and costs.
CRIMINAL CASE NO. U-9185 — to suffer the penalty of DEATH;
ordering Pedro Flores, Jr. y Flores alias Pesiong to pay Filipina the sum of
P50,000.00 as moral damages, P20,000.00 as exemplary damages, plus
all the necessary penalties and costs.
Pedro Flores, Jr. y Flores alias Pesiong shall be committed immediately to the
National Bilibid Prisons. The Branch Clerk of Court is hereby ordered to transmit the
entire records of this case to the Honorable Supreme Court of the Philippines for
automatic review of this Decision.
In view of the penalty of death imposed by the court a quo, the case is now before this Court on
automatic review. Accused-appellant assigns as errors the following:
I. THAT THE FILING OF THE CASE [AT BAR] WAS MOTIVATED BY SOME FACTORS
OTHER THAN THE TRUTH AS TO ITS COMMISSION, AND SO THE
ACCUSED SHOULD BE ACQUITTED.
II. THAT THE COURT [A QUO] ERRED IN NOT APPRECIATING THE DEFENSE OF
THE ACCUSED-APPELLANT THAT THE COMPLAINANT WAS NOT AT THE
SCENE OF THE CRIME WHEN THE ALLEGED INCIDENTS TOOK PLACE, A
DEFENSE SUFFICIENT TO OVERCOME AND DESTROY THE TESTIMONY
OF THE COMPLAINANT THAT WOULD HAVE WARRANTED THE
ACQUITTAL OF THE ACCUSED-APPELLANT.
It is settled that in a criminal case, an appeal throws the whole case open for review, and it becomes
the duty of the appellate court to correct such errors as may be found in the judgment appealed from,
whether they are made the subject of assignment of errors or not. 25
It is at once apparent, from a reading of the above-quoted complaints, that accused-appellant was
denied the constitutional right to be informed of the nature and cause of the accusation against him. This
right has the following objectives: 26
1. To furnish the accused with such a description of the charge against him as
will enable him to make the defense;
2. To avail himself of his conviction or acquittal for protection against further
prosecution for the same cause;
 3. To inform the court of the facts alleged, so that it may decide whether they are
sufficient in law to support a conviction if one should be had.
The right cannot be waived for reasons of public policy. 27 Hence, it is imperative that the complaint
or information filed against the accused be complete to meet its objectives. As such, an
indictment must fully state the elements of the specific offense alleged to have been
committed. 28 For an accused cannot be convicted of an offense, even if duly proven, unless it is
alleged or necessarily included in the complaint or information. 29
The court a quo found accused-appellant guilty of Statutory Rape under Article 335 30 of
the Revised Penal Code, as amended by R.A. No. 7659 (which restored the death penalty for heinous
crimes effective December 31, 1993) which provides:
Article 335. When and how rape is committed. — Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The gravamen of the crime of rape is carnal knowledge or sexual intercourse between a man and
a woman under the circumstances enumerated in the penal code. 31 Thus, to sustain a conviction, the
complaint or information must allege that the accused had carnal knowledge of or sexual intercourse
with the private complainant. In the criminal complaints at bar, however, no such allegation was made.
The allegation that accused-appellant did "sexually abuse" Filipina does not suffice. In the recent
case of People v. Lito Egan alias Akiao 32 , this Court ruled that "although the prosecution has proved that
[the therein private complainant] Lenie was sexually abused, the evidence proffered is inadequate to
establish carnal knowledge." 33 Hence, sexual abuse cannot be equated with carnal knowledge or sexual
intercourse. 34 The allegation in the instant criminal complaints that accused-appellant "sexually abuse[d]"
the private complainant cannot thus be read to mean that accused-appellant had carnal knowledge or
sexual intercourse with the private complainant.
This Court is not unaware of the rule in case there is a variance between allegation and proof as
etched in Section 4 of Rule 120 of the Revised Rules of Criminal Procedure which reads:
SEC. 4. Judgment in case of variance between allegation and proof. — When
there is variance between the offense charged in the complaint or information and that
proved, and the offense as charged is included in or necessarily includes the offense
proved, the accused shall be convicted of the offense proved which is included in the
offense charged, or of the offense charged which is included in the offense proved. 35
The case at bar, however, is not one of variance between allegation and proof. The recital of facts
in the criminal complaints simply does not properly charge rape, "sexual abuse" not being an essential
element or ingredient thereof.
Neither can accused-appellant be convicted of acts of lasciviousness or of any offense for that
matter under our penal laws. It is settled that what characterizes the charge is the actual recital of facts 36 in
the complaint or information. For every crime is made up of certain acts and intent which must be set forth
in the complaint or information with reasonable particularity of time, place, names (plaintiff and defendant),
and circumstances. In other words, the complaint must contain a specific allegation of every fact and
circumstance necessary to constitute the crime charged, 37 the accused being presumed to have no
independent knowledge of the facts that constitute the offense. 38
And even under the provisions of Republic Act No. 7610 (The Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act), 39 accused-appellant cannot be held liable.
Section 5 of said Act provides:
 SEC. 5. Child Prostitution and Other Sexual Abuse. — Children, whether male
or female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as a
prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute;
or
(5) Giving monetary consideration, goods or other pecuniary benefit to a child
with the intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse or lascivious conduct with a
child exploited in prostitution or subjected to other sexual abuse: Provided,
That when the victim is under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of
the Revised Penal Code, as amended by Act No. 3815, for rape or lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the license has been
issued to said establishment. (Emphasis and underscoring supplied).
Section 2 (g) of the Rules and Regulations on the Reporting and Investigation of Child Abuse
Cases, 40 issued pursuant to Section 32 of Republic Act No. 7610, defines "sexual abuse" by inclusion as
follows:
Sexual abuse includes 1) the employment, use, persuasion, enticement, or
coercion of a child to engage in, or assist another person to engage in sexual intercourse
or lascivious conduct or 2) the molestation, 3) prostitution, or 4) incest with children.
(Italics supplied)
From this broad, non-exclusive definition, this Court finds that the phrase "sexually abuse" in the
criminal complaints at bar does not comply with the requirement that the complaint must contain a specific
averment of every fact necessary to constitute the crime. Notably, the phrase "sexual abuse" is not used
under R.A. No. 7610 as an elemental fact but as an altogether separate offense. Above-quoted Section 5
thereof enumerates the punishable acts that must be alleged in the complaint or information to hold an
accused liable, none of which is reflected, in the complaints at bar charging accused-appellant.
The case of People v. Cruz 41 is instructive. There the information in Criminal Case No. 15368-R
read:
That on or about the 2nd day of August, 1997, in the City of Baguio, Philippines,
and within the jurisdiction of this Honorable Court, the above-named accused, did then
and there willfully, unlawfully and feloniously commit sexual abuse on his daughter either
 by raping her or committing acts of lasciviousness on her, which has debased, degraded
and demeaned the intrinsic worth and dignity of his daughter, JEANNIE ANN DELA
CRUZ as a human being.
CONTRARY TO LAW. (Italics supplied)
Finding the above-quoted information void, this Court held:
The Court also finds that accused-appellant cannot be convicted of rape or acts
of lasciviousness under the information in Criminal Case No. 15368-R, which charges
accused-appellant of a violation of R.A. No. 7610 (The Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act), "either by raping her or
committing acts of lasciviousness."
It is readily apparent that the facts charged in said information do not constitute
an offense. The information does not cite which among the numerous sections or
subsections of R.A. No. 7610 has been violated by accused-appellant. Moreover, it does
not state the acts and omissions constituting the offense, or any special or aggravating
circumstances attending the same, as required under the rules of criminal
procedure Section 8, Rule 110 thereof provides:
Designation of the offense. — The complaint or information shall state the
designation of the offense given by the statue, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference shall be
made to the section or subsection of the statute punishing it.
The allegation in the information that accused-appellant "willfully, unlawfully and
feloniously commit sexual abuse on his daughter [Jeannie Ann] either by raping her or
committing acts of lasciviousness on her" is not a sufficient averment of the acts
constituting the offense as required under Section 8, for these are conclusions of law,
not facts. The information in Criminal Case No. 15368-R is therefore void for being
violative of the accused-appellant's constitutionally-guaranteed right to be informed of
the nature and cause of the accusation against him. (Emphasis & underscoring supplied)
As held by this Court in the above-case of Cruz, the allegation in the information that the therein
accused-appellant sexually abused the therein private complainant by either raping or committing acts of
lasciviousness on her "is not a sufficient averment of the acts constituting the offense as required under
Section 8 [of Rule 110], for these are conclusions of law, not facts." Nothing less can be said of the criminal
complaints in the cases at bar. They are void for being violative of the accused-appellant's constitutional
right to be informed of the nature and cause of the accusation against him.
This Court thus takes this occasion to remind public prosecutors of their crucial role in crafting
criminal complaints and information. For all efforts may be rendered futile and justice may be denied by a
failure to state "the acts or omissions complained of as constituting the offense" as exemplified by the
present case.
The foregoing disquisition leaves it unnecessary to dwell on accused-appellant's assigned errors
or of other errors including failure to allege relationship in the first complaint, and lack of proof of minority
in both cases.
WHEREFORE, the informations in Criminal Case Nos. U-9184 and U-9185 are hereby declared
null and void for being violative of the constitutional right of accused-appellant Pedro Flores,
Jr. y Flores alias "Pesiong," for Rape to be informed of the nature and cause of the accusation against him.
Hence, the cases against him are hereby DISMISSED.
The Director of Prisons is hereby directed to forthwith cause the release of accused-appellant
unless the latter is being lawfully held for another cause and to inform the Court accordingly within 10 days
from notice. DaHcAS
 Costs de oficio.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Callejo, Sr. and Azcuna, JJ., concur.
||| (People v. Flores, Jr., G.R. No. 128823-24, [December 27, 2002], 442 PHIL 561-576)