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PEOPLE vs Jose Virrey

PEOPLE OF THE PHILIPPINES, appellee, vs. JOSE VIRREY y DEHITO, appellant.

G.R. No. 133910 | 2001-11-14

D E C I S I O N

PANGANIBAN, J.:

To justify the imposition of the death penalty on a father accused of raping his own minor daughter, the prosecution must prove beyond reasonable doubt, not only that he committed the offense charged, but also that it was perpetrated under any of the qualifying circumstances mentioned in RA 7659. In the present case, the prosecution failed to prove that the victim was below 18 years of age at the time of the rape. Hence, the proper penalty is reclusion perpetua, not death.

The Case

For automatic review by this Court is the Decision[1] dated April 1, 1998 of the Regional Trial Court of Quezon City, Branch...