People v. Begino
| G.R. No. 181246 | March 20, 2009 | J. Carpio
| Article III - Section 14 |
Petitioners: People of the Philippines
Respondents: Remeias Begino y Grajo
Recit Ready Summary:
Appellant raped her 8-year old daughter in 1994. 4 years after, girl finally spoke up about it. She was brought to DSWD to
execute her sworn statement and was subjected to a medical examination. Doctor said lacerations in her hymen were caused
by an errected and turgid sex organ. Begino pleaded not guilty so trial ensued. RTC convicted him of qualified rape due to the
fact that the victim is below 18 years old and that offender is the common law husband of her mom. CA affirmed but changed
penalty to reclusion perpetua. Issue is w/n court erred in convicting appellant of qualified rape? YES.
The Information filed against him alleged that he, “being a stepfather of private complainant… have carnal knowledge of the 8-
year old girl.” However, prosecution showed that he was not the stepfather of the victim as he was only the common law husband
of the victim’s mom. For this reason he can only be convicted of statutory rape. Court said that circumstances that qualify a
crime should be alleged in the Information and proved beyond reasonable doubt as the crime itself. It would be a denial of the
right of the accused to be informed of the charges against him and consequently, a denial of due process, if he is charged with
simple rape and be convicted of its qualified form, although the attendant circumstance qualifying the offense and resulting in
the capital punishment was not alleged in the indictment on which he was arraigned.
*Basically, kahit na present yung circumstances needed to make it qualified rape since it was not alleged in the Information, it
cannot be made to qualify the crime. The indictment on which he was arrainged kasi yung ipagbabase niya ng evidence niya
(this is just me). So since it was not put there, it would violate his right to due prcoess and of being informed of the charges
against him. Kasi gets, kakashock to be convicted of something that you were not made aware of na yun pala yung crime mo.
hehe
FACTS:
Appellant was found guilty of raping his 8-year old stepdaughter in 1994. He pleaded not guilty and so the trial ensued.
Prosecution presented 3 witnesses including a doctor, DSWD worker, and ZZZ.1 She testified that in the afternoon of Aug. 2,
1994, they were alone in the house while Begino was sharpening his bolo and that she was not aware that Begino closed all
the doors and the windows. Appellant suddenly approached her, and undressed her. He laid down ZZZ on the bamboo bench,
placing the bolo beside him while he inserted his penis into her vagina. She tried to fight back but to no avail. Begino warned
her that if she tell anyone, he’d kill her and her mom. 4 years after, ZZZ finally gathered courage to tell her mom about it, and
claimed that she was raped 4 times by Begino (8 yrs old, grade 3, 4, and 5). She was brought to the DSWD to execute a
statement and undergo a medical exam. Dr. Barasona said lacerations on her hymen were caused by penetrations of an
errected and turgid sex organ.Defense presented 3 witnesses (Begino, his cousin, and one Reynaldo). Appellant maintain that
on the date of incident, he was at the coconut plantation with the other two witnesses which was corroborated by the same.
Plantation was 2km away from their house.
RTC: Guilty of statutory rape aggravated by the fact that the victim is below 18 years old and that offender is the common law
husband of her mom. He is to suffer death penalty. (IMPORTANT)
CA: Affirmed. Death to reclusion perpetua in view of RA 9346.2
ISSUES: W/N appellant’s conviction of qualified rape violated his right to be informed of the charges
against him?
YES
HELD:
1. SC agrees that rape was committed by appellant. However, it ruled that appellant could not be indicted for
qualified rape and penalized under paragraph 1 of Article 266-B of the RPC.
- Under this article, the death penalty shall be imposed if the crime of rape is committed when the victim is under
18 years old and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity
within the third degree, or the common law spouse of the parent of the victim.
- Jurisprudence provides that circumstances that qualify a crime should be alleged and proved beyond reasonable
doubt as the crime itself since they alter the nature of the crime of rape and increase the penalty.
- The age of the victim and her relationship with the offender must be both alleged in the information and proven
during the trial, otherwise, the death penalty cannot be imposed.
3 Husband of ones mother by virtue of a marriage subsequent to that of which the person spoken of is the offspring. It presupposes a legitimate
relationship between the appellant and the victims mother.
- Age was proven (8 years old at the time of the crime). However, in the Information, appellant was stated to be
the “stepfather”
3 of ZZZ. The evidence adduced though, showed that Begino was not the stepfather per se of the
ZZZ, but only the common law husband of her mom. Prosecution’s failure to prove the needed circumstances
bars conviction for qualified rape.
2. People v. Garcia: Qualifying circumstances must be properly pleaded in the indictment. If not pleaded but proved, it
will be considered only as aggravating circumstances since the latter admit of proof even if not pleaded.
- It would be a denial of the right of the accused to be informed of the charges against him and
consequently, a denial of due process, if he is charged with simple rape and be convicted of its qualified
form, although the attendant circumstance qualifying the offense and resulting in the capital punishment
was not alleged in the indictment on which he was arraigned.
- Appellant cannot be convicted of qualified rape since the qualifying circumstance of common law spouse was not
alleged in the Information. In effect, he was not properly informed of the nature and cause of accusation against
him
- The qualifying circumstance of relationship not having been properly pleaded, appellant should be convicted only
of statutory rape under paragraph (d) of Article 266-A, for having carnal knowledge of a woman under twelve (12)
years of age punishable of reclusion perpetua.
DISPOSITION: Begino GUILTY of statutory rape to suffer reclusion perpetua.
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