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PEOPLE vs. Alejandro Atop

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO ATOP @ "ALI", accused-appellant.

G.R. Nos. 124303-05 | 1998-02-10

D E C I S I O N

PANGANIBAN, J:

The trial court sentenced the appellant to death, holding that his common-law relationship with the victim's grandmother aggravated the penalty. We hold, however, that Sec. 11 of RA 7659 prescribes the capital penalty in rape, only "when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim," and not by reason of any other kinship. On the other hand, "relationship" as an alternative aggravating circumstance under Art. 15 of the...