The failure to allege accurately the relationship between the appellant and his victim bars his conviction in the qualified form

Facts: 

Reynaldo Poñado is charged with three counts of rape under Art. 335 of the Revised Penal Code as amended by R.A. 7659. The relationship of the victim to Poñado, however, was not accurately alleged in the information filed by the Provincial Prosecutor. In all three informations the victim, 13-year old Mariner Bombales, has been stated to be the stepdaughter of the accused; yet, the evidence show that Reynaldo Poñado is but a "live-in partner" of the victim's mother, the latter being, in fact, lawfully married to one Marcelino Bombales. The trial court convicted the accused of the crime of qualified rape and sentenced him to the penalty of death.

Issue:

Whether or not the accused should be convicted of qualified rape.

Held: 

The accused should not be convicted of qualified rape. In qualified rape, both the fact of minority of the victim and the actual relationship between the parties must be alleged in the information. Unlike a generic aggravating circumstance, a qualifying aggravating cannot be proved as such unless alleged in the information.

In the case at bar, the failure to allege accurately the relationship between the appellant and his victim bars his conviction in the qualified form that is punishable by death. The technical flaw is a matter that cannot be ignored. It constrains the Court to reduce the penalty of death imposed by the trial court to that of reclusion perpetua. [People of the Philippines vs. Reynaldo Poñado, G.R. No. 131334, July 28, 1999 - En Banc Vitug, J.]

Topic: Competent and Independent Counsel, Criminal Law, Criminal Procedure, Qualified Rape, Qualifying Circumstances