People v Ulit

GR No. 131799-801
February 23 2004
Callejo, Sr., J.:

Facts:On at least 4 different occasions, the accused, Feliciano Ulit, had carnal knowledge and
committed acts of lasciviousness against his own niece, victim 11 year old Lucille Serrano. The
victim refused to tell her parents what happened because the accused said that he'd kill the
former and her family if she did. The parents of the victim, suspicious of what was happening,
brought the victim to the Barangay Chairman. The victim confessed what happened. The
Barangay Chairman ordered his Tanods to bring the accused to him. The accused admitted to
the acts and subscribed to a Sinumpang Salaysay. The RTC found the accused guilty of 4
counts of rape and acts of lasciviousness.

Issue: Is the alternative circumstance of relationship present?

Ruling: No, the alternative circumstance of relationship is not present.

ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime and
the other conditions attending its commission. They are the relationship, intoxication and the
degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended
party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.

Circumstances; Relationship; While it is true that the alternative circumstance of

relationship is always aggravating in crimes against chastity, it is only taken into
consideration under Article 15 of the Revised Penal Code “when the offended party is the
spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or
relative by affinity in the same degree of the offender”–the relationship of uncle and
niece is not covered by any of the relationships mentioned.–In the determination of whether
the death penalty should be imposed on the appellant, the presence of an aggravating
circumstance in the commission of the crime is crucial. In the cases at bar, although the
relationship of uncle and niece between the appellant and the victim has been duly proven, the
alternative circumstance of relationship under Article 15 of the Revised Penal Code cannot be
appreciated as an aggravating circumstance against the appellant. While it is true that the
alternative circumstance of relationship is always aggravating in crimes against chastity,
regardless of whether the offender is a relative of a higher or lower degree of the offended party,
it is only taken into consideration under Article 15 of the Revised Penal Code “when the
offended party is the spouse, ascendant, descendant, legitimate, natural or adopted brother or
sister, or relative by affinity in the same degree of the offender.” The relationship of uncle and
niece is not covered by any of the relationships mentioned.