People vs. Henry Arcillas Summary

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. HENRY ARCILLAS, Accused-Appellant,

G.R. No. 181491 | 2012-07-30

Concurrence of the minority of the victim and her relationship to the offender is a special qualifying circumstance which should be alleged in the information for rape in order to warrant imposition of the death penalty
Qualified rape; rape of minor by common law spouse of the mother
Qualified rape; defective allegation of the qualifying circumstance of relationship in the information (allege that accused was the victim's stepfather, when in fact he was the mother's common law spouse); conviction only for simple rape
Exemplary damages are justified (may be awarded) regardless of whether or not the generic or qualifying aggravating circumstances are alleged in the information

FIRST DIVISION

D E C I S I O N

BERSAMIN, J.:

The rape of a female over 12 years but under 18 years of age by the common-law spouse of her mother is qualified rape. Yet, the crime is only simple rape, although the State successfully proves the common-law relationship, where the information does not properly allege the qualifying circumstance of relationship between the accused and the female. This is because the right of the accused to be informed of the nature and cause of the accusation against him is inviolable.

Henry Arcillas had been convicted of qualified rape by the Regional Trial Court in Masbate City (RTC) and meted...