G.R. No. 188106 November 25,
2009
PEOPLE OF THE
PHILIPPINES
vs.
ANTONIO DALISAY Y
DESTRESA
FACTS:
Antonio Dalisay was charged and convicted with the crime of
rape perpetrated against the 16 years old daughter of his live in partner.
It was alleged that even prior to the commission of rape,
the accused was already repeatedly molesting the victim by inserting his
fingers in her genitalia.
An information charging the accused of the crime of rape in
relation to Republic Act 7610 was then instituted before the Regional Trial
Court of Quezon City. The Regional Trial
Court convicted the accused for the crime of qualified rape. The Court of Appeals
only found the accused guilty of the crime of simple rape.
ISSUE:
Whether or not the special qualifying circumstance of
minority, though not alleged in the information, may be appreciated in the case
at bar.
HELD:
No, the special qualifying circumstance of minority may not
be appreciated as it is not alleged in the information charging the accused of
the crime.
While it has been proven that
appellant was the common-law spouse of the parent of the victim and the child
was a minor at the time of the incident, the Court cannot convict appellant of
qualified rape because the special qualifying circumstances of minority and
relationship were not sufficiently alleged in the information. To recall, the
information here erroneously alleged that appellant was the stepfather of the
victim. Proven during the trial, however, was that appellant was not married to
the victim’s mother, but was only the common-law spouse of the latter.
Following settled jurisprudence, appellant is liable only of simple rape
punishable by reclusion perpetua.