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PEOPLE vs Marcelo Mendoza

PEOPLE OF THE PHILIPPINES, appellee, vs. MARCELO MENDOZA, appellant.

G.R. Nos. 132923-24 | 2002-06-06

D E C I S I O N

PANGANIBAN, J.:

The accused may not be held liable for an offense graver than that for which he or she was indicted. Having been charged with simple rape only, herein appellant cannot be convicted of qualified rape. Hence, the death penalty imposed by the trial court should be reduced to reclusion perpetua.

The Case

For automatic review by this Court is the Decision[1] dated February 10, 1998, issued by the Regional Trial Court (RTC) of Tagaytay City (Branch 18), finding Marcelo Mendoza guilty of two counts of rape, each qualified by the use of a deadly weapon. The decretal portion of the Decision reads as follows:

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