PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JOSE CASITAS JR., APPELLANT.

G.R. No. 137404, February 14, 2003

FACTS:
Casitas was found guilty of Murder, with the aggravating circumstance of dwelling after having killed one
Haide Marbella. However, the Supreme Court in its automatic review of the case ruled that the crime committed was
only of homicide and not murder having failed to allege such circumstance in the information when filed.

ISSUE:
Is the failure to allege the aggravating and qualifying circumstance in the information bars the appreciation
of such circumstances even if substantially proven/established during trial?

RULING:
Yes. Under the provisions of Revised Rules of Court, qualifying and aggravating circumstances must be
proven as clearly as the crime itself. In any event, even if they are established beyond reasonable doubt, they cannot
be appreciated unless they are alleged in the information.