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PEOPLE Vs. Restituto Manhuyod, Jr.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RESTITUTO MANHUYOD, JR., accused-appellant.

G.R. No. 124676 | 1998-05-20

D E C I S I O N

DAVIDE, JR., J:

This is a case of a father having raped his 17-year old daughter after the effectivity of R.A. No. 7659. 1 Accused could thus have been meted out the death penalty pursuant to Article 335 of the Revised Penal Code, as amended by Section 11 of R.A. No. 7659, if found guilty beyond reasonable doubt. However, here, the trial court's imposition of capital punishment was not based on said statute, but by reason of the aggravating circumstance of relationship under Article 15 of the Revised Penal Code.

However repulsive and condemnable the act of a father raping his daughter, yet, the Constitution mandates that...