PEOPLE v ATOP

Facts: PAS-GRC

This is a criminal case for rape where Atop, the respondent was the live in partner or common
law husband of the petitioner’s grandmother. There were 3 instances of rape that happened in
this case, and the last occured after the effectivity of RA 7659 imposing death penalty upon
offenders of the crime of rape who are either the parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of
the victim’s parent.

The court imposed 2 terms of reclusion perpetua for the first 2 counts of rape and death penalty
for the last.

Respondent contended that the court erred in deciding that the relationship aggravated the
penalty for the crime of rape.

Issue: WON the court erred in deicding that relationship is present as an aggravating
circumstance.

Held: Yes. Rule in STATCON that penal laws are strictly construed against the State and
favorable to the accused. Only those persons clearly included will be considered within the
operation of the statute. The phrase “common law spouse of the parent of the victim” cannot be
extended to apply to an offender who is the common law spouse of the victim’s grandmother.