CRIMINAL PROCEDURE SLC-LAW

BATCH 7 DIGEST 50: People vs Lagarde

TOPIC: RIGHTS OF THE ACCUSED
G.R. No. 182549               January 20, 2009
PLAINTIFF: PEOPLE OF THE PHILIPPINES
APPELLANT: SERGIO LAGARDE
FACTS:
Accused-appellant was charged with rape in an information which reads

“That on or about the 27th day of December, 2001, in the municipality of San Miguel, Province of Leyte,
Philippines and within the jurisdiction of this Honorable court, the above-named accused, with deliberate
intent with lewd designs and by use of force and intimidation, did then and there willfully, unlawfully and
feloniously have carnal knowledge with [AAA], 11 years old, against her will to her damage and prejudice.”

The trial court convicted accused-appellant of rape aggravated by minority of the victim, use of bladed weapon and
force, and uninhabited place in view of the location of the offense.

“the Court found SERGIO LAGARDE, GUILTY, beyond reasonable doubt for the crime of Rape charged
under the information and sentenced to suffer a maximum penalty of DEATH and pay civil indemnity to
[AAA], the sum of seventy Five Thousand (P75,000.00) Pesos and pay moral damages in the amount of Fifty
Thousand (P50,000.00) Pesos”

Accused-appellant questions the death penalty imposed on him, arguing that the aggravating circumstances of
minority, use of a bladed weapon, and uninhabited place were not specifically alleged in the information. Since the
crime was not qualified, the award of PhP 75,000 was likewise erroneous.

ISSUE:
Whether or not the penalty imposed is proper

RULING:

No. The applicable penalty is only reclusion perpetua and not death, the imposition of which has been abolished.
Without the qualifying circumstances, the indemnity should also be reduced from PhP 75,000 to PhP 50,000 only.
The award of PhP 50,000 as moral damages is retained

Death penalty is not warranted by the alleged aggravating circumstances, i.e., victim’s minority, use of bladed
weapon, and uninhabited place. First, the death penalty was abolished under Republic Act No. (RA) 9346. Second,
the use of a bladed weapon and uninhibited place cannot be appreciated here because these were not specifically
alleged in the information. Section 8, Rule 110 of the Revised Rules of Criminal Procedure provides:

Sec. 8. Designation of the offense.—The complaint or information shall state the designation of the offense
given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and
aggravating circumstances. If there is no designation of the offense, reference shall be made to the section
or subsection of the statute punishing it.

It is a basic constitutional right of the accused persons to be informed of the nature and cause of accusation against
them. It would be a denial of accused-appellant’s basic right to due process if he is charged with simple rape and
consequently convicted with certain qualifying circumstances which were not alleged in the information.

the use of a bladed weapon and uninhabited place are not circumstances that would call for the imposition of the
death penalty. Moreover, The victim’s minority does not also qualify the offense to merit the death penalty. To
warrant a death sentence, the victim must be under seven (7) years of age. . Thus, the applicable penalty is
only reclusion perpetua and not death, the imposition of which has been abolished. Without the qualifying
circumstances, the indemnity should also be reduced from PhP 75,000 to PhP 50,000 only. The award of PhP
50,000 as moral damages is retained