This case has been cited 2 times or more.
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2003-08-05 |
DAVIDE JR., C.J. |
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| In support of his denial, he claims that as a "church-goer," he would not watch a "bold English film," or drag his step-granddaughter to the bedroom, presumably for the purpose of raping her. Unfortunately, being a "church-goer" has long been held insufficient to establish the improbability of committing any crime, including rape. The same holds true against his claim that he did not own, or have access to, a knife because he had no enemies. These denials are self-serving and are inherently weak defenses. When unsubstantiated, denials cannot be accorded greater evidentiary weight over the declaration of a credible witness.[27] While not fateful, it is noteworthy that he did not categorically deny raping Janice. | |||||
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2001-06-25 |
DAVIDE, JR., C.J. |
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| While we concede that MARIO's guilt was proven beyond reasonable doubt, we do not, however, concur with the trial court's imposition of the death penalty in Criminal Cases Nos. 97-158615 and 97-158616. It imposed the death penalty in these cases because it considered the special qualifying circumstances of relationship of MARIO to REGINA and the latter's age as provided under Art. 335 of the Revised Penal Code, as amended by Section 11 of R.A. 7659. However, the rape in Criminal Case No. 97-158615 was committed sometime in November 1986, or prior to the effectivity of R.A. 7659, the Death Penalty Law. It took effect on 31 December 1993.[22] Hence, pursuant to Section 19(1) of Article III of the Constitution the death penalty cannot be imposed.[23] As to Criminal Case No. 97-158616, the information fails to allege the qualifying circumstance of age and relationship. We have declared that the circumstances under the amendatory provisions of Section 11 of R.A. No. 7659, the attendance of which could mandate the imposition of the single indivisible penalty of death, are in the nature of qualifying circumstances which cannot be proved as such unless alleged in the information, and even if proved, the death penalty cannot be imposed. To impose the death penalty on the basis of a qualifying circumstance which has not been alleged in the information would violate MARIO's constitutional and statutory right to be informed of the nature and cause of the accusation against him.[24] Consequently MARIO can only be held liable for simple rape, which is punishable by reclusion perpetua. | |||||