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PEOPLE vs Rogelio del Ayre

PEOPLE OF THE PHILIPPINES, appellee, vs. ROGELIO DEL AYRE y LITRAN, appellant.

G.R. Nos. 139788 & 139827 | 2002-10-03

D E C I S I O N

PANGANIBAN, J.:

It is well-settled that the death penalty cannot be imposed in incestuous rapes, if the information does not allege or specify the relationship of the victim to the offender.

The Case

For automatic review by this Court is the Decision[1] dated May 28, 1999, issued by the Regional Trial Court (RTC) of Malolos, Bulacan (Branch 78). The RTC found Rogelio del Ayre y Litran guilty beyond reasonable doubt of two (2) counts of rape and sentenced him to death for one count and to reclusion perpetua for the other. The decretal portion of the Decision reads as follows:

WHEREFORE, the foregoing considered, this...