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PEOPLE vs Francisco Balas

PEOPLE OF THE PHILIPPINES, appellee, vs. FRANCISCO BALAS @ "FRANCING," appellant.

G.R. No. 138838 | 2001-12-11

D E C I S I O N

PANGANIBAN, J.:

Where the father-daughter relationship between the offender and the offended party was not alleged in the information, an appellant cannot be convicted of rape in its qualified form and, hence, cannot be sentenced to death therefor. Accordingly, the Court affirms herein appellant's culpability for simple rape only and reduces the penalty to reclusion perpetua.

The Case

Before this Court on automatic review is the Decision[1] of the Regional Trial Court (RTC) of Kalibo, Aklan (Branch 1) dated April 29, 1999, in Criminal Case No. 4391. The RTC found appellant guilty of rape beyond reasonable doubt and...