The failure to allege accurately the relationship between the appellant and his victim bars his conviction in the qualified form

The failure to allege accurately the relationship between the appellant and his victim bars his conviction in the qualified form.

Facts: 

Poñado is charged with three counts of rape under Art. 335 of the Revised Penal Code as amended by R.A. 7659. In all three informations the victim, 13-year old Mariner Bombales, has been stated to be the stepdaughter of the accused; yet, the evidence show that Reynaldo Poñado is but a "live-in partner" of the victim's mother, the latter being, in fact, lawfully married to one Marcelino Bombales. The trial court convicted the accused of the crime of qualified rape and sentenced him to the penalty of death.

Issue:

Whether or not the accused should be convicted of qualified rape.

Held: 

The accused should not be convicted of qualified rape. In qualified rape, both the fact of minority of the victim and the actual relationship between the parties must be alleged in the information. Unlike a generic aggravating circumstance, a qualifying aggravating cannot be proved as such unless alleged in the information.

In the case at bar, the failure to allege accurately the relationship between the appellant and his victim bars his conviction in the qualified form that is punishable by death. The technical flaw is a matter that cannot be ignored. It constrains the Court to reduce the penalty of death imposed by the trial court to that of reclusion perpetua. [People of the Philippines vs. Reynaldo Poñado, G.R. No. 131334, July 28, 1999 - En Banc Vitug, J.]

Note: The Information should have stated that the accused is the common-law spouse of the parent of the victim. 

Both minority and relationship of the minor to the offender must be alleged in the Information before an accused can be convicted of qualified rape

Where victim is a minor and related to the offender, both facts must be alleged in the Information before an accused can be convicted of qualified rape

Facts: 

Demetrio Nuñez was charged with raping his 14-year old daughter. However, the minority of the victim is not stated in the Information. What was alleged therein was only the relationship of the offended party as the daughter of the offender. The trial court convicted Nuñez with the crime of qualified rape, and sentenced him to suffer the penalty of death.

Issue:

Whether or not Nuñez could be convicted of the crime of qualified rape.

Held: 

Under Section 11 of Republic Act No. 7659, the death penalty shall be imposed if the crime of rape is committed with any of the following attendant circumstances: 1.  When the victim is under eighteen (18) years of age and the offender is a parent, x x x. Jurisprudence dictates that these twin facts be alleged in the Information or Complaint before the death penalty can properly be imposed. Indeed, this Court has consistently held that the seven attendant circumstances under Section 11 of RA 7659 are in the nature of qualifying circumstances which, unlike generic aggravating circumstances that may be proved even if not alleged, cannot be proved as such unless alleged in the Information. Thus, there being no allegation of minority in the Information under which accused was arraigned and tried in the case at bench, he cannot be convicted of qualified rape.

Penalty of Nuñez was reduced to reclusion perpetua. [People vs. Nuñez, G.R. No. 128875, 08 July 1999]