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PEOPLE vs Rogelio Barrozo

PEOPLE OF THE PHILIPPINES, appellee, vs. ROGELIO BARROZO y CASTRO, appellant.

G.R. Nos. 138726-27 | 2002-07-03

D E C I S I O N

PANGANIBAN, J.:

The failure of the prosecution to prove beyond reasonable doubt the minority of the victim at the time the crime happened bars a conviction for rape in its qualified form. Thus, the proper penalty is reclusion perpetua, not death.

The Case

For automatic review by this Court is the April 7, 1999 Decision[1] of the Regional Trial Court (RTC) of Urdaneta City (Branch 46), acting as a Special Criminal Court in Criminal Cases U-9810 and U-9811. The RTC found Rogelio Barrozo y Castro guilty of rape beyond reasonable doubt and imposed on him the death penalty. The decretal portion of the Decision reads:

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