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QUALIFIED RAPE
Prosecutors of the Department of Justice, Republic of the Philippines, mostly refer to RAPE in the information filed in courts as RAPE UNDER THE REVISED PENAL CODE AS AMENDED or RAPE IN RELATION TO RA 761O.
However, the Supreme Court of the Philippines has another term for rape as provided for in Art. 266-B of Republic Act 8353 when it provided:
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
“The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating qualifying circumstances:
“1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
“2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
“3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;
“4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;
“5) When the victim is a child below seven (7) years old;
“6) When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
“7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
“8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
“9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
“10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
In the case decided by the Supreme Court, cited below as:
[G.R. Nos. 135844-45. November 24, 2003.]
THE PEOPLE OF THE PHILIPPINES, appellee, vs. DOMINADOR ILUIS y JANDOC, appellant.
is an automatic appeal from the decision of the Regional Trial Court of Villasis, Pangasinan, Branch 50, convicting the appellant of three (3) counts of rape, and sentencing him to suffer the death penalty for each count. The Supreme Court termed the rape as ‘QUALIFIED RAPE’. The Information was filed under Art. 335 of the Revised Penal Code as amended by Republic Act 7659. The provision of that law is similar to the provision of the Republic Act No. 8353 widely known as Anti Rape Law.
The Supreme court said:
“When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
The twin circumstances of relationship of the victims and the accused and the minority of the said victims are required to be duly proved beyond reasonable doubt. 59 The same must also be alleged in the Information, as mandated by Section 8 of Rule 110 of the Revised Rules of Criminal Procedure which reads:
SEC. 8. Designation of the offense. – The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
Although this rule took effect only on December 1, 2000, long after the crimes charged were committed, it should nonetheless be applied retroactively, it being favorable to the appellant. 60 Even if the prosecution proved beyond cavil the minority of the victims Noemi and Donna and their filiation with the appellant, if such circumstances were not alleged in the Information, the appellant cannot be convicted of qualified rape; otherwise, he would thereby be deprived of his constitutional right to be informed of the nature of the charges against him.
In this case, the prosecution proved beyond reasonable doubt the minority of the victims and their filiation with the appellant. However, the Information in Criminal Case No. V-0730 does not allege the minority of the private complainant Noemi and her filiation with the appellant; and although the Information in Criminal Case No. V-0731 alleges Donna’s minority, it does not allege her filiation with the appellant. The appellant cannot thus be convicted of qualified rape in both cases.”
There are two (2) principles that the Supreme Court inunciated in this case: 1) The designation of the offense which is “QUALIFIED RAPE” must be alleged in the Information; 2) Minority of the victim and her relationship with the assailant must be alleged in the information. One allegation without the other will not convert the case into “QUALIFIED RAPE”.
With the pronouncement of the Highest Court of the land, it is proper for every Public Prosecutor to designate the offense referred to in Republic Act No. 8353, Sec. 266-A as quoted above as “QUALIFIED RAPE” and all the circumstances such as the age (example: below 7) and the relationship in case of the relationship is indespensable MUST BE ALLEGED IN THE INFORMATION AND PROVEN IN COURT. In the case at bar, the Supreme Court said that MINORITY ALONE does not qualify rape into QUALIFIED RAPE, or relationship alone will not convert the sexual intercourse into QUALIFIED RAPE.
(Posted by: Legal Hawk)
