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PEOPLE vs Victor Pailanco

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICTOR PAILANCO, accused-appellant.

G.R. No. 130986 | 2000-01-20

D E C I S I O N


YNARES-SANTIAGO, J.:

It is a well entrenched principle in our jurisprudence that a qualifying circumstance must be expressly alleged in the criminal complaint or information; otherwise, it is to be considered as an ordinary aggravating circumstance which merely raises the penalty to be imposed in its maximum period.

For automatic review is the decision of the Regional Trial Court of Parañaque, Metro Manila, Branch 259 in Criminal Cases Nos. 96-787 and 96-788, finding accused-appellant Victor Pailanco guilty beyond reasonable doubt of two (2) counts of rape committed against his daughter, Nonily Pailanco, on...