This case has been cited 3 times or more.
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2003-11-27 |
SANDOVAL-GUTIERREZ, J. |
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| Rape under the above provisions is either simple or qualified. It is qualified when the age of the victim (below 18) and her relationship with the appellant are both alleged in the Information and proved.[10] In this case, the prosecution failed to allege in the Information the qualifying circumstance that appellant is the victim's step-parent. Thus, he may only be convicted of simple rape. | |||||
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2001-02-01 |
DAVIDE JR., C.J. |
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| When the victim is under eighteen (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. [Italics supplied.] The information clearly indicates that there is no allegation therein that WILFREDO is the common-law spouse of the victim's mother. In other words, the actual relationship existing between the offender and the offended party was not alleged. We have been steadfast in our pronouncements that the circumstances under the amendatory provisions of Section 11 of R. A. No. 7659, the existence of which would mandate the imposition of the death penalty, are in the nature of special qualifying circumstances which must be alleged in the information and if not so alleged cannot be proven as such.[30] Where any of said special qualifying circumstance is proven alone without the concurrent allegation thereof in the information, the constitutional and statutory right of the accused to be informed of the nature and cause of the accusation against him is violated.[31] | |||||
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2000-08-31 |
DAVIDE JR., C.J. |
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| be proved as such unless alleged in the information, and even if proved, the death penalty cannot be imposed.[34] Unlike a generic aggravating circumstance which may be proved even if not alleged, a qualifying aggravating cannot be proved as such unless alleged in the information although it may be proved as a generic aggravating circumstance if so included among those enumerated in the Code. The requirement for complete allegations on the particulars of the indictment is based on the right of the accused to be fully informed of the nature of the charge against him, so that he may adequately prepare for this defense pursuant to the due process clause of the Constitution. Since one of the twin qualifying circumstances aforementioned, namely, relationship, specifically that NIA is the daughter of CAMILO's common-law wife, was not alleged in the information, CAMILO cannot be convicted of qualified rape and the death penalty cannot be imposed | |||||