Answer no while his guilt was proved beyond

Answer: No. While his guilt was proved beyond
reasonable doubt, the death penalty cannot be imposed
upon him. The trial court imposed the penalty of death
after taking into consideration the age of Nia who was

then eleven years old at the time of the incident and the
fact that Camilo is the common-law spouse of NIAs
mother. To justify the imposition of the death penalty
these two qualifying circumstances must be alleged in
the Information. The relationship of stepfather
stepdaughter presupposes a legitimate relationship. A
stepfather is the husband of ones mother by virtue of a
marriage subsequent to that of which the person spoken
of is the offspring. This Court has consistently ruled that
the circumstances under the amendatory provisions of
Section 11 of Republic Act 7659, the attendance of
which mandates the imposition of the single indivisible
penalty of death, are in the nature of qualifying
circumstances which cannot be proved as such unless
alleged in the information, and even if proved, the death
penalty cannot be imposed. Unlike a generic aggravating
circumstance which may be proved even if not alleged, a
qualifying aggravating cannot be proved as such unless
alleged in the information although it may be proved as a
generic aggravating circumstance if so included among
those enumerated in the Code. The requirement for
complete allegations on the particulars of the indictment
is based on the right of the accused to be fully informed
of the nature of the charge against him, so that he may
adequately prepare for this defense pursuant to the due
process clause of the Constitution. People vs.
Villanueva
 The Court finds the accused GUILTY beyond
reasonable doubt of the three (3) counts of the
crime of Rape committed on three different
occasions in the months of November and
December That sometime on one evening in the
month of November 1994, at Brgy. Jamul-awon,
Panay, Capiz, Philippines, and within the
jurisdiction of this Honorable Court,
abovenamed accused, motivated with lewdness,
and taking advantage of the fact that the
offended party, HELEN BALINARIO was soundly
asleep and unconscious, did then and there
willfully, unlawfully and feloniously succeeded in
having carnal knowledge of the latter against her
will, and thereby resulting to the pregnancy of
the latter. The crime was aggravated by the fact
that the offended party is the stepdaughter of the
accused and a girl of only eleven (11) years of
age at the time of the commission of the offense.
Accused Cesar Melendres y Bejo is sentenced