This case has been cited 4 times or more.
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2003-07-29 |
AZCUNA, J. |
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| In People v. Garcia[32] and succeeding cases,[33] we have held that the circumstances under the amendatory provisions of Section 11 of R.A. No. 7659, the attendance of which would mandate the single indivisible penalty of death prescribed in Article 335 of the Revised Penal Code, are in the nature of qualifying circumstances since they increase the penalty of rape by one degree. The Revised Rules on Criminal Procedure, which took effect on December 1, 2000, now require that the aggravating as well as the qualifying circumstances be expressly and specifically alleged in the complaint or information otherwise they cannot be considered by the trial court, even if they are subsequently proved during trial. Hence, Sections 8 and 9, Rule 110 of the Revised Rules on Criminal Procedure read:"Sec 8. Designation of the Offense - The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstance. If there is no designation of the offense, reference shall be made to the section or subsection punishing it." | |||||
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2003-06-23 |
QUISUMBING, J. |
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| This Court has consistently ruled that both the age of the offended party and her relationship with the accused must be alleged in the information and positively proved before the death penalty can be properly imposed.[26] Stated otherwise, the failure to allege the fact of relationship between the accused and the victim in the information for rape is fatal and consequently, bars conviction of its qualified form which is punishable by death. Qualifying circumstances must be properly pleaded in the indictment in order not to violate the constitutional right of the accused to be properly informed of the nature and cause of the accusations against him.[27] In all four indictments in this case, there was no specific allegation of the qualifying circumstances of the minority of the victim and her relation to the accused, thus, he can only be convicted of that offense, simple rape,[28] for which the imposable penalty is reclusion perpetua and not death. | |||||
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2002-08-14 |
MENDOZA, J. |
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| Accused-appellant attacked his victim with such suddenness that the latter had no chance to defend himself.[30] Accused-appellant was thus correctly charged with murder. Under Art. 248 of the Revised Penal Code, as amended by R.A. No. 7659, the penalty for murder is reclusion perpetua to death. The aggravating circumstance of disguise was proven in court, but it was not alleged in the complaint. For this reason, it cannot, as the | |||||