established that complainant was born on the second of four

Established that complainant was born on the second

This preview shows page 45 - 47 out of 68 pages.

established that complainant was born on October 28, 1980, the second of four children by Josefa Victorino and accused- appellant. The family was then residing in Sun Valley, Pasay City, but in 1992 complainant’s mother left them to live in Bulacan with another man. The family residence in Pasay City was sold and complainant, her father, and two brothers transferred to a small house in Cainta, Rizal. On the night of March 23, 1993, while complainant and her brothers were asleep in their house in Cainta, Rizal, accused- appellant had carnal knowledge of complainant. Complainant tried to resist, reminding her father that she is his daughter, but her pleas went unheeded. Complainant could not shout because she was afraid of her father. With complainants brothers asleep, accused-appellant was able to make her submit to his will. Is it an error for the trial court to impose death penalty? Answer: Yes, it was error for the trial court to impose the death penalty on accused-appellant. Under Art. 335 of the Revised Penal Code, as amended by R.A. No. 7659, the death penalty is imposed for the crime of rape if the victim is under eighteen (18) years of age and the offender is a parent . . . of the victim. For this purpose, the special qualifying circumstances of the victims minority and her relationship with the offender should be alleged and proved. The allegation in the information that complainant is the minor daughter of accused- appellant is insufficient. As held in People v. Puertollano, the information must state the exact age of
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the victim at the time of the commission of the crime, thus: A close scrutiny of the information filed in this case shows that all that is stated therein is that Mary Joy is a minor. No mention was made of her exact age. Accused-appellants admission that he is the complainants father and that complainant was born on October 28, 1980 and, hence, that complainant was a minor under 18 years of age at the time of the commission of the rape, cannot cure the defect in the allegation in the information. People vs. Baniguid On September 1, 1997, Ella Magdasoc y Carbona, 11 years of age, assisted by her sister, filed a complaint for rape against Melencio Bali-balita, the common-law husband of her mother. On August 26, 1997, Ella and her younger siblings were inside their house in Payatas, Quezon City together with the accused. After eating, they were about to go to sleep when the accused told Ella to go inside the room of her mother who was not at home at that time. The accused then ordered her to remove her clothes, a pair of shorts and a blouse, and then to get on the bed. When Ella defied the order of the accused, the latter removed her shorts and underwear, after which he himself undressed. The accused told Ella to lie down on the bed and thereafter he went on top of her. Ella then started crying so the accused told her to get up and poked a knife at her. He inserted his private organ into hers. Must the penalty be REDUCED from death to Reclusion perpetua?
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