People vs.

Ramos, 39 SCRA 236

Facts:

Feliciano M. Ramos filed a petition through the Regional Trial Court (RTC), Branch 50, of Villasis,
angasinan for the automatic re!ie" of the death penalt# imposed upon him $# the
%%thMunicipal Circuit Trial Court (MCTC) of Villasis&'to. Tomas at Villasis, angasinan. n
cto$er % , %**5, +li a$eth T. Ramos filed a criminal complaint for rape against him. -t"as
alleged therein that appellant "as a$le to perpetrate the felon# against the minor complainant
through the use of force and intimidation in its e ecution. /fter considering thee!idence
presented during the trial and the arguments presented $# appellant, the MCTC foundout that
the appellant "as guilt# $e#ond reasona$le dou$t. The court

a quo

condemned appellant to death, the penalt# prescri$e for the crime of rape $ecause the
complainant is not onl# a minor (% #rs. old) $ut the !er# o"n child of the appellant.-t is stated
under the amendator# pro!isions introduced $# Repu$lic /ct 1o. 2 5* to /rticle 335of the
Re!ised enal Code. The lo"er court further ordered appellant to indemnif# his !ictim inthe
amount of 50, 000.00 and to pa# her moral damages of 45, 000.00 and e emplar#

damagesin the sum of 45, 000.00.

Issue:

hether or not, death penalt# should $e imposed against Feliciano M. Ramos.

Held:

1 . The court
a quo

arri!ed at this conclusion under the notion that the particular rapein!ol!ed is punisha$le $#
reclusion perpetua to death. Then, ta6ing the relationship of appellantand complainant as a
generic aggra!ating circumstance, the MCTC imposed the higher of thet"o indi!isi$le penalties
"hich is the capital punishment. Treating relationship as a genericaggra!ating circumstance,
MCTC considered the relationship of appellant and complainant asattendant in the case despite
the a$sence of an# allegation thereof in the information./ppellant ta6es issue in this point, $#
asserting that since the fact of relationship "as notalleged in the information, onl# the penalt#
prescri$e for simple rape can $e imposed uponhim. This is "here the RTC depart from the
conclusions of the lo"er court and agree "ithappellant7s position./ rape $# a father of his minor
daughter is punisha$le $# the single indi!isi$le penalt# of death and not $#

reclusion perpetua

to death, as the lo"er court erroneousl# $elie!ed.

hile Repu$lic /ct 1o. 2 5* did not gi!e a legal designation to the crime of rape attended $#
an# of the se!en ne" circumstances introduced in /rticle 335 on 8ecem$er 3%, %**3, theCourt
has referred to such crime as 9ualified rape in a num$er of its decisions. :o"e!er, "ith or "ithout
a name for this 6ind of rape, the concurrence of the minorit# of the !ictim and her relationship
"ith the offender gi!es a different character to the rape defined in the first part of /rticle 335.
The# raise the imposa$le penalt# upon a person accused of rape from

reclusion perpetua

to the higher and supreme penalt# of death. 'uch an effect con;ointl# puts relationshipand
minorit# of the offended part# into the nature of a special 9ualif#ing circumstance./s this
9ualif#ing circumstance "as not pleaded in the information or in the complaintagainst
appellant, he cannot $e con!icted of 9ualified rape $ecause he "as not properl# informedthat
he is $eing accused of 9ualified rape. The Constitution guarantees the right of e!er#
personaccused in a criminal prosecution to $e informed of the nature and cause of accusation
againsthim.

This right finds amplification and implementation in the different pro!isions of the Rules of
Court.
The facts stated in the $od# of the information determine the crime of "hich the accusedstands
charged and for "hich he must $e tried.

This recital of the essentials of a crime delineatesthe nature and cause of accusation against an
accused.-t is fundamental that e!er# element of "hich the offense is composed must $e alleged
in thecomplaint or information. The main purpose of re9uiring the !arious elements of a crime
to $eset out in an information is to ena$le the accused to suita$l# prepare his defense. :e is
presumedto ha!e no independent 6no"ledge of the facts that constitute the offense./n accused
person cannot $e con!icted of an offense higher than that "ith "hich he ischarged in the
complaint or information on "hich he is tried. -t matters not ho" conclusi!e andcon!incing the
e!idence of guilt ma# $e, $ut an accused cannot $e con!icted of an# offense,unless it is charged
in the complaint or information on "hich he is tried or is necessaril# includedtherein. :e has a
right to $e informed of the nature of the offense "ith "hich he is charged $efore he is put on
trial. To con!ict an accused of a higher offense than that charged in thecomplaint or information
on "hich he is tried "ould $e an unauthori ed denial of that right.

Moreo!er, it "ould $e a denial of the due process of la", if he is charge "ith simple rapeand $e
con!icted of its 9ualified form punisha$le "ith death although the attendant
circumstance9ualif#ing the offense and resulting in capital punishment "as not alleged in the
indictment on"hich he "as arraigned.Contrar#, therefore, to the pose of the lo"er court and the
'olicitor <eneral, the non&allegation of the relationship $et"een appellant and offended part#
in an information for a rape isa $ar to the imposition of the death penalt# since relationship in
this particular form of rape is a

9ualif#ing and not merel# aggra!ating. :a!ing $een informed onl# of the elements of
simplerape, appellant can onl# $e con!icted of such crime and accordingl# $e punished "ith

reclusion perpetua.

1o", it is accepted that 9ualif#ing circumstances not pleaded in the indictment $ut dul# pro!en
"ithout o$;ection during the trial ma# $e considered as aggra!ating circumstances.

Thegeneral principles of criminal la" pro!ide that aggra!ating circumstances, e!en if not alleged
inthe information, ma# $e pro!en during the trial o!er the o$;ection of the defense and ma#
$eappreciated in imposing the sentence. 'uch e!idence merel# forms part of the proof of the
actualcommission of the offense and its consideration $# the courts do not !iolate the
constitutionalright of the accused to $e informed of the nature and cause of the accusation
against him.

:o"e!er, in the case $efore the RTC, the aggra!ating circumstance of relationship
$ecomesinconse9uential in !ie" of the nature of

reclusion perpetua

prescri$e for the felon# of simplerape. The general criminal code states that in all cases in "hich
the la" prescri$es a singleindi!isi$le penalt#, it shall $e applied $# the courts regardless of an#
mitigating or aggra!ating circumstances that ma# ha!e attended the commission of the deed.

Therefore, theappellant is sentenced to suffer the penalt# of

reclusion perpetua

instead of death penalt#