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PEOPLE vs Oscar Ybanez

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.OSCAR YBANEZ, accused-appellant.

G.R. No. 136257 | 2001-02-14

D E C I S I O N

MELO, J.:

In order to warrant the imposition of the death penalty, the special qualifying circumstance of the victim's minority and her relationship to the offender should be both alleged in the Information and proved during the trial. This is the principle which finds application in the case at bar.

Before us on automatic review is the decision dated September 25, 1997 of Branch 71 of the Regional Trial Court of the Fourth Judicial Region stationed in Antipolo, Rizal, in its Criminal Case No. 94-11878, finding accused-appellant Oscar YbaƱez guilty of rape and sentencing him to suffer the supreme penalty of death.

The instant...