GR 131843; (May, 2000) (Digest)
G.R. No. 131843 . May 31, 2000.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDWIN R. DECENA, accused-appellant.
FACTS
The accused-appellant, Edwin Decena, was charged with the rape of Renelyn Ude, the 12-year-old daughter of his common-law wife, Erlinda Aguirre. The prosecution evidence established that on March 9, 1995, in Makato, Aklan, Decena, armed with a scythe, tied Renelyn’s hands and had forcible sexual intercourse with her. The act was witnessed by Erlinda, who saw Decena on top of her naked daughter. Renelyn testified that Decena had been sexually abusing her for about six months prior to this incident. A medico-legal examination confirmed an old hymenal laceration consistent with prior sexual intercourse.
Decena denied the accusation and interposed the defense of alibi, claiming he was working at the house of Perseverancia Tubao during the alleged time of the crime. The trial court found the prosecution’s evidence credible, convicted Decena of qualified rape, and imposed the death penalty. The case was automatically elevated to the Supreme Court for review.
ISSUE
Whether the trial court correctly imposed the death penalty upon the accused-appellant.
RULING
No. The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The legal logic is grounded in procedural due process. While the evidence at trial conclusively established the qualifying circumstances of minority (the victim was 12 years old) and relationship (Decena was the common-law spouse of the victim’s mother), these circumstances were not specifically alleged in the information charging the accused.
The Court reiterated the settled doctrine that circumstances which qualify the crime of rape and mandate the imposition of the death penalty under Republic Act No. 7659 must be alleged with particularity in the information. This is a requirement of the constitutional right of the accused to be informed of the nature and cause of the accusation against him. To convict an accused of qualified rape and impose capital punishment based on circumstances not alleged in the charge would constitute a denial of due process. Consequently, Decena could only be validly convicted of simple rape, punishable by reclusion perpetua. The Court also modified the damages, awarding civil indemnity and moral damages of P50,000.00 each but deleting the exemplary damages for lack of an aggravating circumstance.