MURAO, JOSE PEPITO III

I. Article III Section 14, Absence of Qualifying Circumstance:

People v. Baltazar G.R. No. 130610

Facts:
On three different occasions, herein accused-appellant Joselito Baltazar allegedly raped Digi Ann Nio in
the former house where Digi Ann’s mother worked as a house helper. Joselito’s wife was the younger sister
of Digi Ann’s mother and the victim occasionally visited her mother in Joselito’s house in Pangasinan. The
three instances of rape occurred on December 23 and December 26 1995, as well as January 8, 1996,
wherein Baltazar, supposedly armed with a knife, put masking tape over Digi Ann’s mouth and proceeded
to rape her under the threat of being killed.
For his defense, Joselito Baltazar merely denied such incidents and refuted that he owned a knife or kept
masking tape readily available for his disposal. The defense also questioned details of Digi Ann’s story as
she said one of the rape instances was done with shorts and panty pulled down to her knees and that she had
spots of blood on her underwear after the rape incidents. The defense reasoned that it would be physically
impossible to commit rape with the said articles of clothing hindering penetration and that the doctor who
testified for the prosecution posited that Digi Ann was having her menstruation at the time of the rape
incidents making spots of blood inaccurate as more blood should have been observed.
The Regional Trial Court found Digi Ann’s testimony credible and the assignments of error by the defense
being without merit since the rape may be committed in more unlikely circumstances and the flow of blood
during the menstrual cycle is irregular. Thus, the RTC convicted Joselito Baltazar to death.
Issue: W/N the RTC erred in convicting Baltazar to death?
Held:
YES. The three separate informations charging Baltazar of the rape of Digi Ann Nio did not specify that the
latter was the husband of Digi Ann’s aunt. As a result, the qualifying circumstance cannot be taken against
Baltazar as the same would be violative of his constitutional right to be informed of the nature of his
offense. Hence, the penalty is MODIFIED to reclusion perpetua.