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People vs Baroy and Nacional

PEOPLE OF THE PHILIPPINES, appellee, vs. ALFREDO BAROY and FELICISIMO NACIONAL, appellants.

G.R. Nos. 137520-22 | 2002-05-09

D E C I S I O N

PANGANIBAN, J.:

Where no aggravating circumstance is alleged in the information and proven during the trial, the crime of rape through the use of a deadly weapon may be penalized only with reclusion perpetua, not death.

The Case

Before us for automatic review is the January 20, 1999 Decision[1] of the Regional Trial Court of Parañaque City (Branch 259) in Criminal Case Nos. 98-355/7, finding Alfredo Baroy and Felicisimo Nacional guilty beyond reasonable doubt of three (3) counts of qualified rape and sentencing them to death for each offense. The dispositive portion of the assailed Decision reads as follows:

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