G.R. No. 130334 July 28, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REYNALDO POÑADO, accused-appellant.

FACTS

Accused-appellant Reynaldo Poñado was charged with three counts of rape under Article 335 of the Revised Penal Code, as amended by R.A. 7659. The informations uniformly alleged that he had carnal knowledge of his “stepdaughter,” Merinor Bombales, a minor, through force and intimidation and by grave abuse of parental authority. The evidence established that Poñado had been cohabiting with Librada Rectin, Merinor’s mother, since 1987, after Rectin separated from her lawful husband. Poñado thus acted as a stepfather to Merinor. The trial court found Poñado guilty beyond reasonable doubt on all counts and imposed the death penalty for each crime, citing the qualifying circumstance of the victim being the offender’s stepdaughter.

ISSUE

Whether the imposition of the death penalty was proper despite the information alleging the victim as the accused’s “stepdaughter,” when the evidence showed he was merely the common-law partner of the victim’s mother.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The legal logic is anchored on the constitutional right of the accused to be informed of the nature and cause of the accusation. For the death penalty to be imposed under R.A. 7659 for rape, the precise qualifying circumstance, such as the specific relationship between the accused and the victim, must be both alleged in the information and proven during trial. The Court distinguished between a “stepdaughter” (a child of one’s spouse by a previous marriage) and a “daughter of a common-law spouse.” The evidence proved Poñado was the common-law partner of Merinor’s mother; he was not legally married to her, thus Merinor was not his stepdaughter in the legal sense. Since the information inaccurately alleged the relationship as stepdaughter, the accused could not be convicted of the qualified rape punishable by death. The qualifying circumstance was not properly charged. Following the precedent in People vs. Dimapilis, the failure to allege the exact relationship bars a conviction for the qualified offense. Consequently, the crime is simple rape, punishable by reclusion perpetua. The Court reduced the penalty from death to reclusion perpetua for each count, affirmed the award of civil indemnity, and added moral damages.