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PEOPLE vs Felipe Pecayo, Sr

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE PECAYO SR., accused-appellant.

G.R. No. 132047 | 2000-12-14

D E C I S I O N

PANGANIBAN, J.:

In incestuous rape, the death penalty may be imposed only if the age of the victim and her statutory relationship to the rapist are alleged in the information and proven beyond reasonable doubt during the trial.

The Case
Before us for automatic review is the Judgment[1] dated December 3, 1997, promulgated by the Regional Trial Court (Branch 3)[2] of Balanga, Bataan in Criminal Case Nos. 6595 and 6596, finding Felipe Pecayo Sr. guilty of raping his minor daughter Kristina[3] on two occasions, and imposing upon him the death penalty in each case.

In two Informations,[4] both dated July 21, 1997 and...