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PEOPLE vs Dennis Edem

PEOPLE OF THE PHILIPPINES, appellee, vs. DENNIS EDEM Alias "Mamerto" Edem, appellant.

G.R. No. 130970 | 2002-02-27

D E C I S I O N

PANGANIBAN, J.:

The allegation and proof of the minority of the victim, without any allegation and proof of her relationship to the appellant, cannot qualify rape as heinous. Neither is minority of the offended party, by itself, an aggravating circumstance that can increase the penalty to death.

The Case

Before this Court for automatic review is the Decision[1] dated April 8, 1997 issued by the Regional Trial Court (RTC) of Bohol stationed in the City of Tagbilaran (Branch I) in Criminal Cases Nos. 9509 & 9510, finding Dennis Edem alias "Mamerto" guilty beyond reasonable doubt of two counts of rape and sentencing him to...