People v Dela Cruz death penalty; besides, the qualifying circumstances of minority and

relationship were not alleged in the Information.

FACTS
We agree with appellant. The Court has consistently ruled that the various
On 24 October 1996 Marikit, then 16 years of age, had a reunion with her
circumstances enumerated under RA 7659 are in the nature of qualifying
family at their farm in Sablayan, Occidental Mindoro, celebrating the
elements, which should be alleged in the information and proved beyond
birthday of her father, Delfin, herein appellant. It ended around 9PM when
reasonable doubt during the trial. Thus, in order that the circumstances of
appellant’s drinking buddies left. Shortly before midnight, Marikit’s mother
minority and relationship may be appreciated, both must be specifically
asked her to come because her father wanted to talk. Delfin told her to go
alleged in the information and duly proven during trial, with equal
with him to the hut of their farm. Upon arriving at the hut 1km away, he
certainty as the crime itself. Indeed, in the present case, the Information
asked her what her gift was, to which she replied none. Appellant told her
did not allege the qualifying circumstances that the victim was below
to just “follow what he wants”. He suddenly started to undress her. She
eighteen (18) years old when the offense was committed, and that the
tried to resist but he threatened to harm her. During the 4 hours in the
offender was her father. Hence, in no way can appellant be convicted of
hut, appellant sexually abused his daughter twice.
qualified rape, because the Information clearly makes out a case for simple
Three days after, Marikit decided to file a complaint of Rape against her rape only.
father. She submitted herself to medical examination. Dr. Wilfred Kenept
The qualifying circumstances of minority and relationship must at all times
issued a Medico-legal certificate showing normal looking genitalia, with
be pleaded in the information, consistent with the constitutional right of
abrasion on the posterior of the left labia minora, hymen not intact. In her
the accused to be informed of the charges against him. It is a matter of
statement with the police, Marikit disclosed that her father first abused
settled jurisprudence that qualifying circumstances must be properly
her when she was 13 years old, but did not file a complaint hoping he
pleaded in the indictment. It would certainly be a denial of the right of the
would change. Delfin denied the allegations saying he merely maltreated
accused to be informed of the charges against him and, consequently, a
her daughter.
denial of due process if he is charged with simple rape, but is later
The RTC ruled that the prosecution was able to prove the accused’s guilt convicted of qualified rape punishable with death.
beyond reasonable doubt, as evidenced by the medico-legal, testimony of
Where the prosecution fails to conjointly allege and prove the qualifying
the victim, and by the admission of the accused nonetheless in his two
circumstances of minority and relationship, the accused should be held
letters to his daughter. Hence this automatic review.
liable for simple rape only. To effectively prosecute him for the crime of
ISSUE: WON the RTC erred in imposing the death penalty despite that fact qualified rape, these two circumstances must concur, and failure to allege
that the accused was not properly informed of the nature and cause of them in the Information, despite proving them during trial, effectively rules
accusation against him which is in violation of his constitutional right out the imposition of the death penalty. PETITION GRANTED Judgment
Modified.
RULING
Notes:
Appellant argues that the Information under which he was arraigned
charged him only with simple rape as defined by Article 355, Par. 1 of the
Revised Penal Code. Such offense he contends, is not punishable with the
The duty of the officer to inform the accused extends to the filing of the
information. In filing the information, the accused must be informed of the
charges he is facing including its circumstances.