Hanna Dominique H. Besa, 1-E Peopl People e of the Phili Philipp ppine ines s v. Remeia Remeias s Begino y Grajo FACTS: FACTS: • Begin gino was form forma ally lly cha charge rged with ith the the crim crime e of rape rape of an year year old old girl girl,, pleading not guilty • !he !he "ict "ictim im,, ### ###,, test testif ifie ied d when when she she was was 1$ years old stating that when she and Begino were alone in the house, he was sharpeni sharpening ng his %olo while her mother mother,, BBB, was out getting talapang. He used the oppo opportu rtunit nity y to ta&e ta&e ad"an ad"antag tage e of ###. 'hen he had raped her, ### felt pain and %lood oo(e out of her "agina. • #fte #fterr satis satisfy fyin ing g hims himsel elf, f, Beg Begin ino o warn warned ed ### that he would &ill her and BBB if she she would ould tell any% ny%ody ody a%out the the incident. • ### e"entu e"entuall ally y told told her her mothe mother, r, claimi claiming ng that she had %een raped $ times since. • BBB BBB %ro %roug ught ht her her dau daugh ghte terr to the the D)' D)'D D and the *+*. t was Dr. Bara(ona who disco"ered lacerations on ###s hymen caused caused %y penetra penetration tions s of an erected erected and turgid se organ. • BBB BBB filed filed char charge ges s again against st Begi Begino no who who denied and asserted that he treated ### and her si%lings as his own since he starte started d li"ing li"ing with with her her mothe mother, r, furth further er testifying that from /am to /pm of the alleged day the rape occurred, he was at the coconut coconut plantatio plantation n of #polin #polinario ario 0alalu 0alaluan an hus&i hus&ing ng cocon coconuts uts toge togethe ther r with with ami amilo lo and and 2eyn 2eynal aldo do,, his his firs firstt cousins, who ser"e as witnesses. • !he !he 2! fou found Begino ino guilty ilty %ey %eyond rea reasona%le %le dou%t of the the crime rime of statu statuto tory ry rape rape aggra aggra"a "ated ted %y the fact fact that the "ictim is %elow 1 years old and that that the the offe offend nder er is the the comm common on law law hus%and of BBB. E"en with his ali%i, the plan planta tati tion on was was a 34 min. min. wal& wal& to his his house. t was not physically impossi%le for for him him to ha"e ha"e %een %een pres presen entt at the the scene of the crime. He was sentenced to death. !he # affirmed the decision. ISSUE ISSUE '5+ the accused can %e indicted for qualified rape and penali(ed under par. 1 of #rt. 6//-B of the 2*
!E"# $% • 7nder 7nder #rt. #rt. 6// 6//-B, -B, par. par. 1 it ident identifi ifies es a list list of offenders to whom the death penalty shall %e imposed upon for the crime of rape: a parent, ascendant, step-parent, guard guardian ian,, relat relati"e i"e %y consag consaguin uinity ity or affi affini nity ty with within in the the 3rd 3rd degr degree ee,, or the the common law spouse of the parent of the "ictim. • !he !he circu circums msta tanc nces es that that qual qualif ify y a crim crime e should %e alleged and pro"ed %eyond reasona%le dou%t as the crime itself. • Because Begino and BBB were not actu ctually lly marr marrie ied d, with ith no proo roof to support support this. this. Begino Begino is technica technically lly not the stepfather of ### as in the list of offende offenders rs identifie identified, d, althoug although h this was stated in the nformation. • !he !he prose prosecu cuti tion ons s fail failur ure e to pro"e ro"e the the qualifyi qualifying ng circumsta circumstance nce that that he is her stepfather thus %ars con"iction for rape in its qualified form. • &'alif &'alifyi ying ng (ir(' (ir('ms mstan tan(e (es s m'st m'st )e properly plea*e* in the in*i(tment. f the same are not pleaded %ut pro"ed, they they shal shalll %e con conside idered red only as aggra aggra"at "ating ing circum circumsta stanc nces es since since the the latter admit of proof e"en if not pleaded. It +o'l* )e a *enial of the right of the a(('se* to )e infor forme* of the the (harges against him an* (onse,'ently- a *enial of *'e pro(ess- if he is (harge* +ith simple rape an* )e (onvi(te* of its ,'alifie* form, form, although the attendant circumstance qualifying the offense and resulting in the capital punishment was not alleged in the indictment on which he was arraigned. • )in )ince the quali alifyin fying g circ circu umsta mstan nce of common law spouse was not alleged in the nformation for rape against appellant, he could not %e con"icted of rape in the qualified form as he was not prop proper erly ly info inform rmed ed of the the natu nature re and and cause of accusation against him. n a criminal prosecution, it is a fundamental rule rule that that e"er e"ery y elem elemen entt of the the crim crime e charged must %e alleged in the complaint or information.
Hanna Dominique H. Besa, 1-E
