This case has been cited 4 times or more.
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2008-10-17 |
CHICO-NAZARIO, J. |
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| In the case under consideration, AAA was raped by appellants while she was under the custody of the CIDG. Further, appellants were members of the PNP-CIDG at the time they raped AAA. Nonetheless, these aggravating/qualifying circumstances were not specifically alleged in the informations. It is settled that the aggravating/qualifying circumstances be expressly and specifically alleged in the information, otherwise they cannot be appreciated, even if they are subsequently proved during the trial.[83] Thus, the RTC was correct in imposing the penalty of reclusion perpetua on each of the appellants. | |||||
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2008-08-28 |
CHICO-NAZARIO, J. |
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| With respect to exemplary damages, Article 2230 of the New Civil Code[44] allows the award thereof as part of the civil liability when the crime was committed with one or more aggravating circumstances. The aggravating circumstance must be expressly and specifically alleged in the information;[45] otherwise, it cannot be considered by the trial court in its judgment, even if such circumstance was subsequently proved during the trial.[46] In the case at bar, no aggravating circumstance was alleged in the information. Thus, the RTC and the Court of Appeals erred in awarding exemplary damages. | |||||
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2006-10-27 |
AUSTRIA-MARTINEZ, J. |
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| Implementing Sec. 13,[43] Article III of the 1987 Constitution, Sections 4[44] and 5, Rule 114 of the 2000 Rules of Criminal Procedure set forth substantive and procedural rules on the disposition of bail applications. Sec. 4 provides that bail is a matter of right to an accused person in custody for an offense not punishable by death, reclusion perpetua or life imprisonment,[45] but a matter of discretion on the part of the court, concerning one facing an accusation for an offense punishable by death, reclusion perpetua or life imprisonment when the evidence of his guilt is strong.[46] As for an accused already convicted and sentenced to imprisonment term exceeding six years, bail may be denied or revoked based on prosecution evidence as to the existence of any of the circumstances under Sec. 5, paragraphs (a) to (e), to wit: Sec. 5. Bail, when discretionary - Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court. | |||||