This case has been cited 1 times or more.
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2007-06-19 |
CHICO-NAZARIO, J. |
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| In the case at bar, we cannot simply rely on BBB's unsubstantiated claim with regard to AAA's age, particularly since the loss of her birth certificate was not sufficiently established. We cannot overemphasize the importance of fixing with exactitude AAA's age, for under Article 266-B of the Revised Penal Code, rape by sexual intercourse is punishable by the supreme penalty of death in case "the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim." The severity, permanence and irreversible nature of the penalty prescribed by law makes the decision-making process in capital offenses, such as qualified rape, subject to the most exacting rules of procedure and evidence.[44] | |||||