PEOPLE OF THE PHILIPPINES V DELOS SANTOS

GR No. 121906 APRIL 05, 2000

TOPIC: Aggravating Circumstances

FACTS

 Felipe delos Santos was sentenced to supreme penalty of death for raping his

stepdaughter on September 12, 1994. Nhanette delos Santos who is a minor and 13 by

that time.

 On January 5, 2000, accused appellant filed to reopen the case citing People v Medina

and People v Gallo as to reduce the death penalty to reclusion pertpetua arguing that

information filed against the accused appellant failed to include the relationship of him as

the stepfather of the victim.

ISSUE

 Whether the relationship of the accused appellant to the victim influences the sentence

and liability of the accused.

 Whether the motion to reopen the case be granted.

RULING

The relationship of the accused appellant did influenced the ruling of this Court for it was stated

that qualifying circumstance must be properly pleaded in the indictment to sentence an

individual of single indivisible penalty of death under Section 11 of RA 7659. In addition, it

cannot also be considered as an aggravating circumstance to increase the liability as the penalty

for simple rape is the single indivisible penalty of reclusion perpetua under Article 63 of the

RPC.

Thus, the motion to reopen the case is GRANTED and the sentence be MODIFIED from death

penalty to reclusion perpetua.