GR 132715; (October, 1999) (Digest)
G.R. No. 132715 October 20, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINADOR TABION, accused-appellant.
FACTS
Accused-appellant Dominador Tabion was charged with rape in an Information dated October 30, 1996. The Information alleged that on May 11, 1996, in Bantayan, Cebu, the accused, with lewd designs and using a hunting knife, force, and intimidation, willfully, unlawfully, and feloniously had carnal knowledge of his daughter, Regin Tabion, against her will and consent. The Information did not allege the minority of the victim. During trial, the prosecution presented evidence that the victim was 16 years old at the time of the rape and that the accused was her father. The medical examination confirmed penetration and old healed lacerations consistent with the alleged rape. The accused pleaded not guilty and denied the allegations, claiming the charges were fabricated due to a grudge. The Regional Trial Court convicted him of qualified rape and imposed the death penalty.
ISSUE
Whether the accused-appellant can be convicted of qualified rape punishable by death, given that the Information charging him failed to allege the minority of the victim.
RULING
No. The accused-appellant cannot be convicted of qualified rape. The Information failed to allege the minority of the victim, a necessary qualifying circumstance for imposing the death penalty under Article 335 of the Revised Penal Code. Following the doctrine in People v. Ramos, both the age of the victim (under 18) and her relationship with the offender (as a parent) must be clearly alleged in the information. This requirement is rooted in the constitutional right of the accused to be informed of the nature and cause of the accusation against him. Since the Information only alleged simple rape, and the prosecution proved during trial that the accused had carnal knowledge of his daughter through force and intimidation, he can only be convicted of simple rape, not qualified rape. The case is remanded to the trial court for the imposition of the proper penalty for simple rape.