This case has been cited 1 times or more.
|
2011-02-09 |
BERSAMIN, J. |
||||
| The term "aggravating circumstance" is strictly construed when the appreciation of the modifying circumstance can lead to the imposition of the maximum penalty of death.[21] Consequently, the qualifying circumstance of relationship, even if established during trial, could not affect the criminal penalty of the accused by virtue of its non-allegation in the information. The accused could not be convicted of the graver offense of qualified rape, although proven, because relationship was neither alleged nor necessarily included in the information.[22] Accordingly, the accused was properly convicted by the CA for simple rape and justly punished with reclusion perpetua. | |||||