RIGHT TO BE INFORMED OF THE NATURE OF ACCUSATION AGAINST HIM

1. Fenando was charged with the crime of rape pursuant to the information alleging that by means of force,
violence and intimidation, he had carnal knowledge of Elaine, a 13-year old girl.
After trial, the court found that the theory of force and involuntariness in the sexual interlude between
Fernando cannot be held liable for rape.
Nevertheless, the court found that Fernando committed deceit, through promise of marriage, in
successfully persuading Elaine to give up her virginity.
Supposing that the evidence overwhelmingly shows that the crime of simple seduction had been committed
by Fernando, can he be convicted for that crime? Explain. (1993, #5)

Answer:
No, because Fernando was not charged with simple seduction. He was charged with having
carnal knowledge of Elaine by means of force, violence and intimidation. There was no allegation of
deceit in the information. Rape does not necessarily include simple seduction. Hence, he could not be
convicted of simple seduction.