Answer No While his guilt was proved beyond reasonable doubt the death penalty

Answer no while his guilt was proved beyond

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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
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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
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