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PEOPLE v. JOVEN DE LA CUESTA Y PARARAS

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GR Nos. 151186-95
2004-02-13
PEOPLE v. FAUSTO FUCIO Y MORENO
DAVIDE JR., CJ.
We have consistently held that the circumstances which raise the penalty in rape cases to death are in the nature of qualifying circumstances which need to be alleged in the information and proved with certainty; otherwise, the accused cannot be convicted of qualified rape and sentenced to death penalty.[43]