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  • People vs. Daganio (374 SCRA 365 GR 137385, January 23, 2002

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    Abdulateef Sahibuddin
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    1) The accused was charged with raping his minor 11-year old daughter. 2) The issue was whether the victim's minority and relationship to the accused must be alleged and proven to justify imposing the death penalty. 3) The court held that the victim's minority and relationship must be alleged and proven. In this case, the victim's mother testified to her daughter's age, establishing the victim's minority, so the death penalty could be imposed.

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    Criminal Procedure

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    People vs. Daganio [374 SCRA 365; GR 137385, January 23, 2002

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    1) The accused was charged with raping his minor 11-year old daughter. 2) The issue was whether the victim's minority and relationship to the accused must be alleged and proven to justify imposing the death penalty. 3) The court held that the victim's minority and relationship must be alleged and proven. In this case, the victim's mother testified to her daughter's age, establishing the victim's minority, so the death penalty could be imposed.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    21 views1 page

    People vs. Daganio (374 SCRA 365 GR 137385, January 23, 2002

    Uploaded by

    Abdulateef Sahibuddin
    1) The accused was charged with raping his minor 11-year old daughter. 2) The issue was whether the victim's minority and relationship to the accused must be alleged and proven to justify imposing the death penalty. 3) The court held that the victim's minority and relationship must be alleged and proven. In this case, the victim's mother testified to her daughter's age, establishing the victim's minority, so the death penalty could be imposed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    People vs.

    Daganio [374 SCRA 365; GR 137385, January 23, 2002]

    Posted by Pius Morados on November 6, 2011

    (Criminal procedure, information, minority and relationship)

    Facts: Accused-appellant was charged with rape by his minor daughter. The information alleged that the
    victim was then eleven years old. This fact was established through the testimony of the victim’s own
    mother, and admitted by the defense at the trial that the presentation of the victim’s certificate of live
    birth was dispensed with at the instance of the defense counsel.

    Issue: WON minority of the victim and her relationship to the accused must be duly alleged and proved
    to justify the imposition of the death penalty.

    Held: Yes. It is a rule that minority of the victim and her relationship to the accused must be duly alleged
    and proved to justify the imposition of the death penalty. In some cases, we did not mete out the death
    penalty for failure of the prosecution to present the minor’s birth certificate or for non presentation of
    independent evidence that would prove the victim’s age. Being the victim’s mother, Laureta Domingto
    has personal knowledge of the age of the victim.

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