PEOPLE OF THE PHILIPPINES, 

Appellee, v. DELFIN DELA CRUZ, Appellant, G.R.

No. 137405. September 27, 2002, PANGANIBAN, J.

FACTS:

Marikit, a sixteen years old teenager was raped by her father on October 1996, it
was narrated by the prosecution that the victim had a reunion with its family on
his father’s birthday in Occidental Mindoro. The celebration ended at exactly nine
in the evening and the victim was already preparing to sleep, however, her
mother summoned and told her that her father wants to talk to her, thus
together they go to the water pump near their house where her father was
waiting. The appellant told the victim to come with him at their hut where the
victim declined but later on obeyed because of fear.

Upon entering the hut, the appellant tried to strike a conversation and later on
raped the victim twice, afterwards, the victim filed a complaint on the ground of
Rape against her father supported by a Medical Certificate. The prosecution
found the appellant guilty beyond reasonable doubt and punishable under Article
335 of the Revised Penal Code, as amended, which provides for a death penalty
against rape offenders of under eighteen years old and the offender is the
parent, guardian, ascendant xxx.

Subsequently, after the decision was laid down by the prosecution, the appellant
question the imposition of the death penalty alleging that the RTC erred in
imposing such.

ISSUE:

Whether or not the RTC erred in imposing death penalty considering that the
accused was not properly informed about the nature of the case brought against
him?

RULING:

Yes. The Court held the appellant claim is correct. The Court provided that
Information with regards of minority and relationship at the case at bar must
specifically be alleged. Since, the information earlier-mentioned was failed to
alleged, thus, the appellant cannot be held convicted under qualified rape but
only under a simple rape case. It was stated that the qualifying circumstances of
minority and relationship must be pleaded at all times, and such appellant must
be informed by the nature and cause of charges against him to prevent denial of
due process and denial of information.

Wherefore, the decision of the RTC was affirmed but modified as to the appellant
was guilty of simple rape and not qualified rape. In addition, the penalty imposed
was reduced from death to reclusion perpetua.