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Answer: No. While his guilt was proved beyondreasonable doubt, the death penalty cannot be imposedupon him. The trial court imposed the penalty of deathafter taking into consideration the age of Nia who was
then eleven years old at the time of the incident and thefact that Camilo is the common-law spouse of NIAsmother. To justify the imposition of the death penaltythese two qualifying circumstances must be alleged inthe Information. The relationship of stepfatherstepdaughter presupposes a legitimate relationship. Astepfather is the husband of ones mother by virtue of amarriage subsequent to that of which the person spokenof is the offspring. This Court has consistently ruled thatthe circumstances under the amendatory provisions ofSection 11 of Republic Act 7659, the attendance ofwhich mandates the imposition of the single indivisiblepenalty of death, are in the nature of qualifyingcircumstances which cannot be proved as such unlessalleged in the information, and even if proved, the deathpenalty cannot be imposed. Unlike a generic aggravatingcircumstance which may be proved even if not alleged, aqualifying aggravating cannot be proved as such unlessalleged in the information although it may be proved as ageneric aggravating circumstance if so included amongthose enumerated in the Code. The requirement forcomplete allegations on the particulars of the indictmentis based on the right of the accused to be fully informedof the nature of the charge against him, so that he mayadequately prepare for this defense pursuant to the dueprocess clause of the Constitution.People vs.VillanuevaThe Court finds the accused GUILTY beyondreasonable doubt of the three (3) counts of thecrime of Rape committed on three differentoccasions in the months of November andDecember That sometime on one evening in themonth of November 1994, at Brgy. Jamul-awon,Panay, Capiz, Philippines, and within thejurisdictionofthisHonorableCourt,abovenamed accused, motivated with lewdness,and taking advantage of the fact that theoffended party, HELEN BALINARIO was soundlyasleep and unconscious, did then and therewillfully, unlawfully and feloniously succeeded inhaving carnal knowledge of the latter against herwill, and thereby resulting to the pregnancy ofthe latter. The crime was aggravated by the factthat the offended party is the stepdaughter of theaccused and a girl of only eleven (11) years ofage at the time of the commission of the offense.Accused Cesar Melendres y Bejo is sentenced
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Ulysses, Appellate court, Legal burden of proof, Trial court, Rights of the accused