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Hanna Dominique H.

Besa, 1-E

People of the Philippines v. Remeias

Begino y Grajo HELD: NO
Under Art. 266-B, par. 1 it identifies a list
FACTS: of offenders to whom the death penalty
Begino was formally charged with the shall be imposed upon for the crime of
crime of rape of an 8 year old girl, rape: a parent, ascendant, step-parent,
pleading not guilty guardian, relative by consaguinity or
The victim, AAA, testified when she was affinity within the 3rd degree, or the
14 years old stating that when she and common law spouse of the parent of the
Begino were alone in the house, he was victim.
sharpening his bolo while her mother, The circumstances that qualify a crime
BBB, was out getting talapang. He used should be alleged and proved beyond
the opportunity to take advantage of reasonable doubt as the crime itself.
AAA. When he had raped her, AAA felt Because Begino and BBB were not
pain and blood ooze out of her vagina. actually married, with no proof to
After satisfying himself, Begino warned support this. Begino is technically not
AAA that he would kill her and BBB if the stepfather of AAA as in the list of
she would tell anybody about the offenders identified, although this was
incident. stated in the Information.
AAA eventually told her mother, claiming The prosecutions failure to prove the
that she had been raped 4 times since. qualifying circumstance that he is her
BBB brought her daughter to the DSWD stepfather thus bars conviction for rape
and the PNP. It was Dr. Barazona who in its qualified form.
discovered lacerations on AAAs hymen Qualifying circumstances must be
caused by penetrations of an erected properly pleaded in the indictment. If
and turgid sex organ. the same are not pleaded but proved,
BBB filed charges against Begino who they shall be considered only as
denied and asserted that he treated AAA aggravating circumstances since the
and her siblings as his own since he latter admit of proof even if not pleaded.
started living with her mother, further It would be a denial of the right of the
testifying that from 6am to 6pm of the accused to be informed of the
alleged day the rape occurred, he was charges against him and
at the coconut plantation of Apolinario consequently, a denial of due
Malaluan husking coconuts together process, if he is charged with simple
with Camilo and Reynaldo, his first rape and be convicted of its qualified
cousins, who serve as witnesses. form, although the attendant
The RTC found Begino guilty beyond circumstance qualifying the offense and
reasonable doubt of the crime of resulting in the capital punishment was
statutory rape aggravated by the fact not alleged in the indictment on which
that the victim is below 18 years old and he was arraigned.
that the offender is the common law Since the qualifying circumstance of
husband of BBB. Even with his alibi, the common law spouse was not alleged in
plantation was a 30 min. walk to his the Information for rape against
house. It was not physically impossible appellant, he could not be convicted of
for him to have been present at the rape in the qualified form as he was not
scene of the crime. He was sentenced properly informed of the nature and
to death. The CA affirmed the decision. cause of accusation against him. In a
criminal prosecution, it is a fundamental
ISSUE: W/N the accused can be indicted rule that every element of the crime
for qualified rape and penalized under par. 1 charged must be alleged in the
of Art. 266-B of the RPC complaint or information.
Hanna Dominique H. Besa, 1-E