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PEOPLE v. LODRIGO BAYYA

This case has been cited 6 times or more.

	GR No. 181491 2012-07-30	PEOPLE v. HENRY ARCILLAS BERSAMIN, J.
Rape is qualified and punished with death when committed by the victim's parent, ascendant, step-parent, guardian, or relative by consanguinity or affinity within the third civil degree, or by the common-law spouse of the victim's parent.[10] However, an accused cannot be found guilty of qualified rape unless the information alleges the circumstances of the victim's over 12 years but under 18 years of age and her relationship with him. The reason is that such circumstances alter the nature of the crime of rape and increase the penalty; hence, they are special qualifying circumstances.[11] As such, both the age of the victim and her relationship with the offender must be specifically alleged in the information and proven beyond reasonable doubt during the trial; otherwise, the death penalty cannot be imposed.[12]
	GR No. 177740 2010-04-05	PEOPLE v. ROMULO GARCIA Y MACEDA VILLARAMA, JR., J.
Under Article 266-B, paragraph 6, subsection 1, the death penalty shall be imposed if the crime of rape is committed when the victim is under 18 years old and the offender is a "parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third degree, or the common law spouse of the parent of the victim." The circumstances that qualify a crime should be alleged and proved beyond reasonable doubt as the crime itself, as these attendant circumstances alter the nature of the crime of rape and increase the penalty. They are in the nature of qualifying circumstances. [35] The age of the victim and her relationship with the offender must, therefore, be both alleged in the information and proven during the trial; otherwise, the death penalty cannot be imposed. [36]
	GR No. 181246 2009-03-20	PEOPLE v. REMEIAS BEGINO Y GRAJO CARPIO, J.
Under Article 266-B, paragraph 1, the death penalty shall be imposed if the crime of rape is committed when the victim is under 18 years old and the offender is a "parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third degree, or the common law spouse of the parent of the victim." This Court has ruled that the circumstances that qualify a crime should be alleged and proved beyond reasonable doubt as the crime itself. These attendant circumstances alter the nature of the crime of rape and increase the penalty. As such, they are in the nature of qualifying circumstances.[14] The age of the victim and her relationship with the offender must be both alleged in the information and proven during the trial, otherwise, the death penalty cannot be imposed.[15]
	GR Nos. 133448-53 2000-10-06	PEOPLE v. ROSELINDO CUTAMORA YNARES-SANTIAGO, J.
It is thus imperative that the Information filed with the trial court be complete to the end that the accused may suitably prepare his defense. Corollary to this, an indictment must fully state the elements of the specific offense alleged to have been committed as it is the recital of the essentials of a crime which delineates the nature and cause of the accusation against the accused.[4] An information is sufficient as long as it states the statutory designation of the offense and the acts or omissions constituting the same.[5] It is likewise sufficient if the time averred is near the actual date as the information of the prosecuting officer will permit, and since that was done in this case, it was not shown that the time proved did not surprise or substantially prejudice the defense.[6]
	GR No. 123156-59 2000-08-29	PEOPLE v. RENATO PUZON Y JUQUIANA PURISIMA, J.
Citing the aforecited provision in point, the Court in People vs. Bayya[19] held:"The purpose of the above-quoted rule is to inform the accused of the nature and cause of the accusation against him, a right guaranteed by no less than the fundamental law of the land. Elaborating on the defendant's right to be informed, the Court held in Pecho vs. People
	GR No. 130332 2000-05-31	PEOPLE v. MODESTO MAMAC Y CAMINERO PUNO, J.
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.[22] It must be properly pleaded in order not to violate the constitutional right of the accused to be properly informed of the nature and cause of accusation against him.[23] Needless to state, appellant will be denied due process if after being charged with simple rape, he is convicted of its qualified form punishable with death.[24]