allege these circumstances accused appellant cannot be convicted of qualified

Allege these circumstances accused appellant cannot

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allege these circumstances, accused-appellant cannot be convicted of qualified rape because he was not properly informed of the charges against him. Consequently, accused-appellant can only be convicted of three (3) counts of simple rape and accordingly punished with reclusion perpetua. People vs. Baltazar Marilyn Perez, twelve years (12) old, woke up from her deep slumber between 10 p.m. and 11 p.m. of 25 December 1997, in their residence in barangay Sagrada Familia, Hagonoy, Bulacan, to find her alleged stepfather Julio Francisco sucking her breasts and inserting his male organ into her private parts. The bizarre situation assumed contemptible proportions by reason of the perverted intrepidity in which the dastardly deed was undertaken. Marilyn claimed that after the sexual transgression, Francisco threatened her with a kitchen knife so as not to divulge the incident to anybody lest he kill her. But MARILYN seemed to have gathered courage for she was able to tap her sleeping mother who woke up to find her husband atop her daughter. She heard her mother blurt out “Hoy, bakit mo ginalaw ang aking anak? Anak mo na rin iyan!” They proceeded to the barangay hall to lodge a complaint. Francisco was later on brought to the police station where he was incarcerated. Francisco was convicted with crime of rape, penalized under the provisions of Art. 335 of the Revised Penal Code, as amended by R. A. 8353 otherwise known as The Anti-Rape Law of 1997. Did the court err in imposing death penalty? Answer: Notwithstanding the unequivocal proof at the trial of this case and in People v. Dimapilis, of the special circumstance that accused-appellants were the common-law spouses of the victim’s mothers, said relationship could not be considered as such because it was not specifically alleged in the information. Special qualifying circumstances indicated in the amendatory provisions of Section 11 of R.A. 7659 must be specifically pleaded or alleged with certainty in the information; otherwise the death penalty cannot be imposed. To impose the death penalty on the basis of relationship, which has not been alleged in the information, would violate FRANCISCOs constitutional and statutory right to be informed of the nature and the cause of the accusation against him. With this favorable serendipity, Francisco can only be convicted of simple rape where the proper imposable penalty is reclusion perpetua under the second paragraph of Article 335, now Article 266-A of the Revised Penal Code, in view of the amendments of R.A. 8353 and R.A. 7659. People vs. Francisco The appellant, Mariano Sarmiento, was convicted and sentencing him to suffer the penalty of death, for the rape of a nine-year- old girl, Jocelyn Soquio, allegedly committed. According to the prosecution, sometime in September 1996, when Jocelyn was already nine years old, while Alicia and her children were out at work, appellant tied Jocelyns legs separately to the wall while her hands were tied to a piece of wood and gagged her with a handkerchief to prevent her from shouting. While she was tied and
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