GR 140733; (January, 2002) (Digest)
G.R. No. 140733 . January 30, 2002.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARMANDO TAGUD, SR., accused-appellant.
FACTS
Armando Tagud, Sr. was charged with the rape of his daughter, Arwin O. Tagud, in an Information alleging the crime was committed “by means of violence and/or intimidation” against his “minor daughter.” During trial, evidence established that Arwin was born on May 24, 1981, making her 16 years old at the time of the rape on May 23, 1998. The prosecution presented Arwin’s testimony detailing the assault, corroborated by her brother and a medico-legal certificate. After initially pleading not guilty, Tagud withdrew that plea and entered a plea of guilty. The trial court conducted a searching inquiry into the voluntariness of his plea and proceeded to receive evidence to determine the precise degree of culpability.
ISSUE
Whether the death penalty can be validly imposed upon the accused based on the allegations in the Information and the evidence presented.
RULING
No. The Supreme Court affirmed the conviction but modified the penalty from death to reclusion perpetua. The legal logic is anchored on the stringent requirements for imposing the death penalty. For a crime to be punishable by death, the qualifying circumstance must be alleged in the Information with utmost particularity to fully inform the accused of the nature of the charge against him. In rape cases, when the victim’s minority (below 18) and her relationship to the offender (as his daughter) qualify the crime for the death penalty under Article 266-B of the Revised Penal Code, the Information must specifically allege the victim’s exact age. The Information in this case merely described Arwin as a “minor daughter,” which is a generic term. It failed to state her precise age, such as “16 years old.” This omission is fatal to the imposition of the capital penalty. Consequently, while the evidence sufficiently proved the qualifying circumstances, the defective Information warrants the treatment of the crime as simple rape, punishable by reclusion perpetua. The Court also awarded civil indemnity, moral damages, and exemplary damages to the victim.