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People vs. Tabion

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINADOR TABION, accused-appellant.

G.R. No. 132715 | 1999-10-20

D E C I S I O N


PANGANIBAN, J.:

The Information charging appellant with rape failed to allege the minority of his daughter-victim. As a result, he cannot be convicted of qualified rape and sentenced to death, consistent with the Court's ruling in People v. Ramos1 [296 SCRA 559, September 25, 1998. See also People v. Medina, GR No. 126575, December 11, 1998, People v. Calayca, GR No. 121212, January 20, 1999; People v. Abella, GR No. 131847, September 22, 1999.] that both the age of the victim and her relationship with the offender must be clearly alleged in the information. This doctrine is not a "mere technicality"; it rests...