Back

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, VS. DOMINGO GALLANO y JARANILLA, Accused-Appellant.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, VS. DOMINGO GALLANO y JARANILLA, Accused-Appellant.

G.R. No. 184762 | 2015-02-25

FIRST DIVISION
 
D E C I S I O N
 
BERSAMIN, J.:
 
To convict an accused charged with qualified rape instead of rape in its simple form not only condemns him to a more serious offense but also exposes him to an even greater liability. As such, the State is mandated to sufficiently allege in the information and to competently prove during trial the qualifying circumstances of minority and relationship with the same certainty as the crime itself.
 
The Case
 
This appeal assails the decision promulgated on December 14, 2007,[1] whereby the Court of Appeals (CA) affirmed with modification the judgment2 rendered on March 22,...