This case has been cited 5 times or more.
|
2009-02-06 |
BRION, J. |
||||
| We note too that to be appreciated as a special qualifying circumstance, minority and the special relationship must both be pleaded and proven. In other words, in the absence of one or the other or in the absence of the appropriate allegation in the Information and proof, no special qualifying circumstance exists under Article 335. So it is with this case. With the required relationship unavailable because of the prosecution's failure to allege relationship in the Information, no special qualifying circumstance under Article 335 can be recognized and the death penalty cannot be imposed.[33] The RTC thus erred in imposing the death penalty on the appellant. | |||||
|
2004-01-14 |
YNARES-SATIAGO, J. |
||||
| Where the life of another human being is hanging on the balance, nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime with which the accused is charged must be established in order for the corresponding penalty thereto to be upheld.[15] To justify the imposition of the death penalty in cases of incestuous rape, the concurrence of the minority of the victim and her relationship to the offender constitutes one special qualifying circumstance which must be both alleged and proved with moral certainty.[16] The prosecution failed to do these. | |||||
|
2003-04-11 |
AZCUNA, J. |
||||
| It is inconceivable for a daughter to fabricate the charge of rape against her father, which may be punishable by death, if her sole purpose is to separate him from his mistress. Family resentment, revenge or feud have never swayed the Court from giving full credence to the testimony of a complainant for rape, especially a minor like Jonah, who remained steadfast in her testimony, throughout the direct and cross-examinations, that she was sexually abused.[44] | |||||
|
2003-04-11 |
AZCUNA, J. |
||||
| The trial court, however, erred in not awarding moral damages, which is separate and distinct from the civil indemnity awarded to rape victims.[64] Private complainant is entitled to moral damages in the amount of P50,000.00 pursuant to Article 2219 of the Civil Code,[65] without the necessity of additional pleading or proof other than the fact of rape.[66] Moral damages is granted in recognition of the victim's injury necessarily resulting from the odious crime of rape.[67] | |||||
|
2002-11-13 |
YNARES-SANTIAGO, J. |
||||
| 7659, which was in effect at the time of the commission of the crimes, amended Article 335 of the Revised Penal Code which provided seven special qualifying circumstances in rape, the attendance of which warrants the imposition of the death penalty. One qualifying circumstance is when the rape 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 concurrence of the minority of the victim and her relationship to the offender must be both alleged and proved with certainty, otherwise the death penalty cannot be imposed.[16] It is fundamental that every element of an offense must be alleged in the complaint or information. The purpose of the rule is to enable the accused to suitably prepare his defense. He is presumed to have no independent knowledge of the facts that constitute the offense. The | |||||