This case has been cited 1 times or more.
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2003-04-30 |
YNARES-SANTIAGO, J. |
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| Therefore, we affirm the trial court's finding that appellant was guilty beyond reasonable doubt of two counts of statutory rape, as well as its imposition of the penalty of reclusion perpetua for both counts. Although appellant is the common-law spouse of the mother of the victim, which is a special qualifying circumstance in rape which would have warranted the death penalty,[14] this fact was not alleged in the informations. The special circumstances of minority of the victim and relationship to the accused are in the nature of qualifying circumstances. These must be jointly alleged in the information in order to afford the accused his right to be informed of the nature and cause of the accusation against him.[15] | |||||