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PEOPLE Vs Daniel Mauricio

PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. DANIEL MAURICIO Y PEREZ, accused-appellant.

G.R. No. 133695 | 2001-02-28

D E C I S I O N

BELLOSILLO, J.:

DANIEL MAURICIO y Perez, accused-appellant, will elude the gallows because of a simple, although vital, omission in the Information charging him with rape. To the uninitiated in the workings of the justice system, this seeming leniency to a felon who raped his 11-year old daughter is a blatant outrage. But for those ho are abreast with the law, the imposition of a lower penalty in this case is consistent with due process. The rule that saves Mauricio today from the capital punishment is not a mere technicality but a safeguard of one of the fundamental rights guaranteed by the Constitution.

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