PEOPLE OF THE PHILIPPINES vs. LODRIGO BAYYA - G.R. No. 127845

G.R. No. 127845                                March 10, 2000
PEOPLE OF THE PHILIPPINES
vs.
LODRIGO BAYYA

FACTS:
Respondent, Lodrigo Bayya was charged and convicted with the crime of incestuous rape as defined and penalized under Article 335 of the Revised Penal Code as amended by Republic Act 7659 before the Regional Trial Court in Ilagan, Isabela.
On Appeal, respondent challenged the penalty of death against him on the grounds that the information charging of the offense did not made any mention of Republic Act 7659 and that he was only charged using Article 335 of the Revised Penal Code, hence, the penalty should be that which is provided for in the Revised Penal Code and not as provided for in Republic Act 7659. As such, in convicting him under the provisions of Republic Act 7659, a transgression of his right to be informed of the nature and cause of accusation against him.

ISSUE:
Whether or not there is a transgression of the respondent’s right to be informed of the nature and cause of accusation against him.

HELD:
Yes, the respondent may only be convicted of the charges under the information indicting him and nothing more.

In the case under scrutiny, the information does not allege the minority of the victim, Rosie S. Bayya, although the same was proven during the trial as borne by the records. The omission is not merely formal in nature since doctrinally, an accused cannot be held liable for more than what he is indicted for. It matters not how conclusive and convincing the evidence of guilt may be, but an accused cannot be convicted of any offense, not charged in the Complaint or information on which he is tried or therein necessarily included. He has a right to be informed of the nature of the offense with which he is charged before he is put on trial. To convict an accused of an offense higher than that charged in the Complaint or information on which he is tried would constitute unauthorized denial of that right.
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