This case has been cited 1 times or more.
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2011-02-02 |
BERSAMIN, J. |
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| The CA correctly pronounced the accused liable for simple rape and properly punished him with reclusion perpetua. Under Article 335 of the Revised Penal Code, as amended by Section 11 of Republic Act No. 7659, supra, rape is qualified and punished by death if it is alleged and proved that the victim was a minor during the commission of the crime and that the offender was her parent.[15] Although the information alleged that the victim was only 14 years of age at the time of the rape, the State did not duly establish such circumstance because no birth certificate, or baptismal certificate, or other competent document showing her age was presented. Her testimony regarding her age without any independent proof is not sufficient.[16] As a result, the penalty for simple rape was properly reclusion perpetua. | |||||