This case has been cited 1 times or more.
|
2002-08-05 |
QUISUMBING, J. |
||||
| 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." Consequently, for the imposition of the death penalty, the information must allege the qualifying circumstances of relationship between the accused and the victim, and the victim's minority.[62] In the present case, the victim's minority was not alleged in the information. Moreover, the other qualifying circumstance of relationship is absent in this case. The information alleges that Marilou is appellant's ward and stepgranddaughter, implying that appellant is both an ascendant and guardian of Marilou. However, the evidence shows that appellant | |||||