CASE DIGEST: People of the Philippines v. Roda

 

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODELIO AQUINO Y RODA, accused-appellant

G.R. Nos. 144340-42        |              August 6, 2002

FACTS:

Appellant Rodelio Aquino y Roda filed for Motion for Reconsideration asking the Court to reconsider its Decision which held him guilty of qualified rape.

He argues that he should only be convicted of simple rape because “while the ages of the complainant, as well as, their relationship to the accused-appellant, were stated in the Information, the same were not alleged particularly to qualify the offense charged.”

ISSUE:

Whether or not the qualifying/aggravating circumstance of age and relationship was alleged in the information

RULING:

Qualifying circumstances need not be preceded by descriptive words such as “qualifying” or “qualified by” to properly qualify an offense. The Court has repeatedly qualified cases of rape where the twin circumstances of minority and relationship have been specifically alleged in the Information even without the use of the descriptive words “qualifying” or “qualified by.”

The essential element that raises rape to a heinous crime is the attendance of a circumstance mentioned in Article 266-B. As an essential element of the heinous crime, such attendant circumstance must be specifically alleged in the Information to satisfy the constitutional requirement that the accused must be informed of the nature of the charge against him.

The use of the words “aggravating/qualifying circumstances” will not add any essential element to the crime. Neither will the use of such words further apprise the accused of the nature of the charge. The specific allegation of the attendant circumstance in the Information, coupled with the designation of the offense and a statement of the acts constituting the offense as required in Sections 8 and 9 of Rule 110, is sufficient to warn the accused that the crime charged is qualified rape punishable by death.

The words “aggravating/qualifying circumstances” as used in the law need not appear in the Information, especially since these words are merely descriptive of the attendant circumstances and do not constitute an essential element of the crime. These words are also not necessary in informing the accused that he is charged of a qualified crime. What properly informs the accused of the nature of the crime charged is the specific allegation of the circumstances mentioned in the law that raise the crime to a higher category.

The rules require the qualifying circumstances to be specifically alleged in the Information in order to comply with the constitutional right of the accused to be properly informed of the nature and cause of the accusation against him. The purpose is to allow the accused to prepare fully for his defense to prevent surprises during the trial.

The Information in the instant case passes this test. The Information clearly forewarns the accused that the circumstances of minority and relationship attended the commission of the crime. It specifically states that the child-victim is a five-year old minor while also specifically alleging that the accused is the child-victim’s uncle. These allegations, once proven beyond reasonable doubt, qualify the rape to a heinous crime. The appellant never raised in the trial court the argument that he was not apprised of the charges against him because of an alleged defect in the Information. Not even in his appellant’s brief did he remotely suggest that the Information was defective or insufficient.

Section 8 merely requires the Information to specify the circumstances. Section 8 does not require the use of the words “qualifying” or “qualified by” to refer to the circumstances which raise the category of an offense. It is not the use of the words “qualifying” or “qualified by” that raises a crime to a higher category, but the specific allegation of an attendant circumstance which adds the essential element raising the crime to a higher category.

In the instant case, the attendant circumstances of minority and relationship were specifically alleged in the Information precisely to qualify the offense of simple rape to qualified rape. The absence of the words “qualifying” or “qualified by” cannot prevent the rape from qualifying as a heinous crime provided these two circumstances are specifically alleged in the Information and proved beyond reasonable doubt.