This case has been cited 2 times or more.
|
2000-12-04 |
PER CURIAM |
||||
| Thus, in the determination of whether the death penalty should be imposed on FRANCISCO, the presence of an aggravating circumstance in the commission of the crime is crucial.[30] In the cases at bar, the alternative circumstance of relationship under Article 15 of the Revised Penal Code[31] was duly proven and must be appreciated as an aggravating circumstance against FRANCISCO.[32] GLENDA is FRANCISCO's direct descendant, i.e., daughter.[33] Settled is the rule that relationship, as an alternative circumstance under Article 15 of the Revised Penal Code, is considered aggravating in the crimes of rape under Article 335 and acts of lasciviousness under Article 336 of the Revised Penal Code.[34] When a father rapes his own daughter relationship is aggravating. | |||||