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People v. Bacule G.R. No. 127568

1) An 8-year-old girl was allegedly raped by the accused, who was her mother's common-law husband. Medical examination confirmed sexual activity. 2) The accused agreed to the facts except that he raped the girl. The mother supported the accused. 3) The trial court convicted the accused of rape with the death penalty due to aggravating circumstances like being the common-law father and moral ascendancy. 4) The Supreme Court ruled the trial court erred by considering circumstances not alleged in the information. It found the accused guilty of rape but reduced the penalty to reclusion perpetua since being common-law father and moral ascendancy were not properly alleged.

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JP Murao III
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116 views1 page

People v. Bacule G.R. No. 127568

1) An 8-year-old girl was allegedly raped by the accused, who was her mother's common-law husband. Medical examination confirmed sexual activity. 2) The accused agreed to the facts except that he raped the girl. The mother supported the accused. 3) The trial court convicted the accused of rape with the death penalty due to aggravating circumstances like being the common-law father and moral ascendancy. 4) The Supreme Court ruled the trial court erred by considering circumstances not alleged in the information. It found the accused guilty of rape but reduced the penalty to reclusion perpetua since being common-law father and moral ascendancy were not properly alleged.

Uploaded by

JP Murao III
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MURAO, JOSE PEPITO III

I. Article III Section 14, Absence of Qualifying Circumstance:

People v. Bacule G.R. No. 127568


Facts:
On May 9, 1995, in sitio Guiwanon, Looc, Lapu-lapu City, an 8-year-old girl was allegedly raped by herein
accused-appellant who was the common-law husband of the girl’s mother. Accused-appellant, holding a
knife and threatening to kill the girl, supposedly raped the girl and even tried to put his private part in the
anus of his common-law daughter. The private-complainant’s mother was allegedly attending a cousin’s
wedding in Sibonga, Cebu the night the incident happened. The morning after the private complainant
narrated the experience to her aunt who was staying in the second floor of their house and her aunt brought
her to a hospital for medical examination. It was there where Dr. Joycelyn Gonzales confirmed that the
victim had contusions in her hymenal wall, which may be indicative of sexual activity.
For accused-appellant Bacule, he generally agrees with the antecedent facts laid out by the prosecution
except for the fact that he raped his common-law daughter as he asserts that nothing out of the ordinary
happened on May 9, 1995. His common-law wife supports him in this assertion, with the latter testifying
that she was there on the subject date despite the adversarial claim by the prosecution as agreed upon by the
accused.
The trial court, convinced of the case presented by the prosecution, convicted herein accused Bacule to the
penalty of death with the aggravating circumstances of ignominy, moral ascendance, and being the
common-law husband of the victim’s wife meriting such penalty.
Issue: W/N the trial court erred in taking into account such circumstances that were not alleged in the
information filed against Bacule?
Held:
YES. As a matter of right, information against an accused should contain the necessary elements of the
crime, which the prosecution aims to implicate to the accused in. Since the information did not contain that
the accused was the common-law father of the victim, the same may not be used against Bacule as such
qualifying circumstance is essential to the information. Also, it is important to note that the prosecution did
not delve into the aggravating circumstance of ignominy, as it was uncertain that the accused succeeded in
penetrating the victim’s anus. Moreover, moral ascendancy is not a qualifying circumstance specified in the
Revised Penal Code; hence, its application cannot be upheld.
Court finds the accused GUILTY of the crime of rape and sentences him to suffer reclusion perpetua.

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