G.R. No. 124303 -05 February 10, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO ATOP @ “ALI,” accused-appellant.

FACTS

Accused-appellant Alejandro Atop was charged with three counts of rape and one count of attempted rape against Regina Guafin. The informations alleged that on October 9, 1992, sometime in 1993, and on December 26, 1994, in Matag-ob, Leyte, the accused, by means of force and intimidation and with the use of a knife, had carnal knowledge of the victim, who was 11 years old at the time of the first rape. The accused was the live-in partner of the victim’s grandmother, with whom the victim was living. The Regional Trial Court found the accused guilty beyond reasonable doubt of three counts of rape. For the first two counts (October 9, 1992 and sometime in 1993), the court imposed reclusion perpetua, appreciating the aggravating circumstances of relationship and nighttime. For the third count (December 26, 1994), the court imposed the death penalty, likewise appreciating the aggravating circumstances of relationship and nighttime. The accused appealed.

ISSUE

Whether the trial court correctly appreciated the aggravating circumstance of “relationship” to justify the imposition of the death penalty for the rape committed on December 26, 1994, given that the accused was the common-law spouse of the victim’s grandmother.

RULING

No. The Supreme Court held that the aggravating circumstance of relationship under Article 15 of the Revised Penal Code is limited to the offender’s relationship with the victim as “spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, and relative by affinity in the same degrees.” The fact that the accused was the common-law spouse of the victim’s grandmother does not fall within this enumeration. Furthermore, Section 11 of Republic Act No. 7659 prescribes the death penalty for rape only “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 accused, being the common-law spouse of the victim’s grandmother, is not the common-law spouse of the victim’s parent. Therefore, the qualifying circumstance for the imposition of the death penalty under R.A. No. 7659 is not present. Criminal laws must be construed liberally in favor of the accused. Consequently, the death penalty imposed for the rape on December 26, 1994, was reduced to reclusion perpetua. The Court affirmed the appellant’s conviction for three counts of rape but modified the penalty for the third count to reclusion perpetua.