This case has been cited 3 times or more.
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2003-06-26 |
CARPIO, J. |
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| SECTION 9. Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. The prosecution bears the burden of establishing the qualifying circumstances that characterize the offense as qualified rape.[32] The concurrence of the minority of the victim and her relationship to the offender, as a qualifying circumstance that increases the penalty to death, should be alleged in the Information to warrant imposing the death penalty.[33] Where the prosecution fails to allege and prove minority and relationship, which transform rape to its qualified state, the accused should only be held liable for the crime of simple rape.[34] The constitutional right of the accused to be informed of the charges against him[35] prevents his conviction for a crime that is not adequately described in the Information. | |||||
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2003-06-10 |
VITUG, J. |
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| "1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim." The death penalty for the crime herein charged may be imposed only when the twin qualifying circumstances of relationship between the appellant and the victim and the latter's age are indubitably proven; otherwise, the appellant can only be held liable for the crime of simple rape penalized by reclusion perpetua.[20] The relationship between appellant and the victim has been adequately established. The prosecution evidence has shown that appellant is the grandfather of the victim,[21] a fact that appellant himself has likewise maintained.[22] The same cannot, however, be said with respect to the age of the victim. | |||||
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2001-01-22 |
YNARES-SANTIAGO, J. |
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| Pursuant to Article 100[29] of the Revised Penal Code, and in line with prevailing jurisprudence,[30] accused-appellant should be held liable to pay the amount of P50,000.00 as indemnity ex delicto in addition to the P50,000.00 as moral damages and P20,000.00 as exemplary damages awarded by the court a quo. | |||||