GR 262520; (November, 2023) (Digest)
G.R. No. 262520 , November 13, 2023
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. XXX, ACCUSED-APPELLANT.
FACTS
The accused-appellant, XXX, was the common-law spouse of BBB, the mother of the victim, AAA. He was charged with four counts of acts of lasciviousness, one count of attempted rape, and one count of consummated rape through six separate Informations. The crimes were alleged to have occurred between 1996 and 1999. The Informations for the acts of lasciviousness and attempted rape specifically alleged that AAA was a minor, aged 14 or 17, and that XXX was the live-in partner of her mother. The Information for consummated rape (Criminal Case No. 2449) similarly alleged that the victim was a 17-year-old minor and that XXX was the common-law spouse of her mother. During trial, the prosecution presented AAA’s credible testimony detailing the sexual assaults. The defense presented denial and alibi.
The Regional Trial Court convicted XXX. On appeal, the Court of Appeals affirmed the convictions but modified the penalties. For the consummated rape, the CA imposed reclusion perpetua, noting the qualifying circumstances of minority and relationship. XXX appealed to the Supreme Court, arguing that the Information for rape did not sufficiently allege the qualifying circumstances to warrant the imposition of the death penalty or reclusion perpetua, as it failed to state AAA’s exact age and her specific relationship to him as a relative by affinity within the third civil degree.
ISSUE
Whether the qualifying circumstances of minority and relationship were properly alleged in the Information for rape and proven during trial to justify the imposition of the penalty of reclusion perpetua.
RULING
Yes. The Supreme Court affirmed the conviction and the penalty of reclusion perpetua for qualified rape. The Court held that the Information for Criminal Case No. 2449 sufficiently alleged the qualifying circumstances. It expressly stated that AAA was a “17 year-old minor” and that XXX was “the common law spouse of the victim’s mother.” These allegations satisfy the requirements under the Revised Penal Code, as amended by Republic Act No. 8353 . The law requires that the victim be under 18 years of age and that the offender be a relative by affinity within the third civil degree. A common-law spouse of the victim’s mother falls squarely within this degree of relationship.
The legal logic is grounded in the rules of criminal procedure and substantive law. For a qualifying circumstance to be considered, it must be both alleged in the Information and proved during trial. The allegation puts the accused on notice of the precise nature of the charge against him, enabling him to prepare an intelligent defense. Here, the Information clearly apprised XXX that he was being charged with raping a minor to whom he was related by affinity. During trial, the prosecution duly proved these circumstances through the stipulated facts and AAA’s testimony, which established her age and the familial living arrangement. Consequently, the crime was properly qualified, warranting the penalty of reclusion perpetua, as the death penalty was not applicable at the time of the commission of the crime. The appeal was denied.