GR 130986; (January, 2000) (Digest)
G.R. No. 130986 January 20, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICTOR PAILANCO, accused-appellant.
FACTS
Accused-appellant Victor Pailanco was charged with two counts of rape committed against his 14-year-old daughter, Nonily Pailanco, on August 10 and 24, 1996. The informations alleged that the rapes were committed “by means of force and intimidation.” During trial, Nonily testified that on August 10, her father fondled her, boxed her when she resisted, and proceeded to have carnal knowledge with her. On August 24, he again raped her, this time threatening her with a bolo. The trial court found the accused guilty beyond reasonable doubt and, appreciating the use of a deadly weapon and the relationship as qualifying circumstances, imposed the death penalty for both counts.
ISSUE
Whether the trial court correctly imposed the death penalty based on circumstances not alleged in the informations.
RULING
No. The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua for each count. The legal logic is anchored on the fundamental rule that qualifying circumstances which increase the nature or penalty of the crime must be expressly and specifically alleged in the information to be taken as such. In this case, while the evidence proved that a bolo was used in the second rape and that the offender is the father of the victim, these circumstances were not alleged in the informations. The informations merely cited “force and intimidation,” which constitute simple rape. Consequently, the use of a deadly weapon and the relationship could only be considered as ordinary aggravating circumstances. For the crime of simple rape under Article 335 of the Revised Penal Code, as amended, the prescribed penalty is reclusion perpetua to death. However, since reclusion perpetua is a single indivisible penalty, the presence of ordinary aggravating circumstances does not elevate the penalty to death; it remains reclusion perpetua. The Court thus imposed reclusion perpetua for each count and awarded civil indemnity, moral damages, and exemplary damages.