GR 150542; (February, 2004) (Digest)
G.R. Nos. 150542-87; February 3, 2004
PEOPLE OF THE PHILIPPINES, appellee vs. OLIVER AREVALO JR. y ABANILLA, and HERMINIGILDO ORGANISTA y ANDRES, appellants.
FACTS
Appellants Oliver Arevalo Jr. and Herminigildo Organista were charged with multiple counts of rape under forty-six separate Informations. The charges stemmed from the abduction and repeated sexual assault of two complainants, Regina Acuña and Ruth Acosta, over a period from January 23 to February 5, 2001. The Informations uniformly alleged that the accused, “conspiring and confederating together with John Does and mutually helping and aiding with one another,” had carnal knowledge of the victims by means of force and intimidation. The Regional Trial Court of Makati found Arevalo guilty of 42 counts and Organista guilty of 32 counts, imposing the death penalty for each count. The case was elevated to the Supreme Court for automatic review.
ISSUE
Whether the trial court erred in imposing the death penalty despite the absence of any alleged aggravating circumstance in the Informations.
RULING
Yes. The Supreme Court modified the penalty. The appellants were convicted of rape “by two or more persons” under Article 266-B of the Revised Penal Code, which prescribes a penalty of reclusion perpetua to death. The Court emphasized that for the death penalty to be imposed, the presence of at least one aggravating circumstance must be alleged in the Information and proven during trial. This requirement is a substantive constitutional right, ensuring the accused is informed of the nature and cause of the accusation against him. A review of the Informations showed they did not allege any qualifying or aggravating circumstance, such as the use of a deadly weapon or the victim’s minority. Consequently, the proper imposable penalty for each count is reclusion perpetua, not death. The Court affirmed the convictions but reduced the penalty to reclusion perpetua for each count of rape where the appellants were found guilty. The awards for civil indemnity, moral, and exemplary damages were sustained.