Facts:
The Information in the case for Rape filed against BBB stated that AAA, the 8-year old victim, was his niece. Thus, the RTC convicted him of Statutory Rape. The CA affirmed the judgment, without considering, however, the qualifying circumstance of rape, considering that the information did not state that accused is a relative within the third consanguinity of the victim.
Issue:
May the accused be convicted of qualified statutory rape considering that the Information only alleged that he is the uncle of the victim?
Ruling:
Yes. Accused should be convicted of the crime of Qualifed Rape of a minor under Article 266-A of the Revised Penal Code, in relation to Article 266-B of the RPC. The allegation that he is the uncle of the vcimt is enough to fulfill the requirements of due process that he be informed of the nature and cause of the accusation against him. Applying the ruling in People v. ABC260708, the Court convicted him of Qualified Rape of a minor, when both the elements of qualified rape and statutory rape are present:
“”XX.While there is diverse jurisprudence on the matter, the use of specific familial terms, like niece or uncle, is adequate to inform the accused of the nature of the relationship between him and the victim, thereby meeting the requirements of the law, There is no ambiguity in the case. The Information explicitly stated that” (1) AAA was only 8 years old when the incident happened, and (2) AAA is accused-appellant’s own niece. While the Information did not specify the degree of relationship between AAA and accused-appellant, it nevertheless directly, and in layman’s terms, conveyed the nature of the relationship. Verily, a description that clearly and categorically identified AAA as accused-appellant’s niece satisfies the requirement to inform him fully and prepare a defense. By clearly defining the familial relationship, the prosecution ensures that the accused-appellant is properly apprised of the accusation, fulfilling the principles of fairness and due process.”
People v. BBB254878, G.R. No. 254878, October 22, 2024