Accuracy of date and time in rape cases

The failure to specify the exact date or time when the rapes were committed did not ipso facto render the information defective. Neither the date nor the time of the commission of rape is a material ingredient of the crime, for the essence of the crime is carnal knowledge of a female against her will through force or intimidation. Precision as to the time when the rape is committed has no bearing on its commission. Consequently, the date or the time of the commission of the rape need not be stated in the complaint or information with absolute accuracy, for it is sufficient that the complaint or information states that the crime was committed at any time as near as possible to the date of its actual commission.[1]

[1] Section 11, Rule 110 of the Rules of Court provides:Sec. 11. Date of commission of the offense. - It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

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