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PEOPLE vs Artemio D. Ochea

PEOPLE OF THE PHILIPPINES, appellee, vs. ARTEMIO D. OCHEA, appellant.

G.R. Nos. 146452-53 | 2002-12-10

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 October 24, 2000 Decision[1] of the Regional Trial Court (RTC) of Naval, Biliran (Branch 37-Caibiran) in Criminal Case Nos. CB-99-101 and CB-99-103. The RTC found Artemio D. Ochea guilty beyond reasonable doubt of one act of rape in its qualified form (in Criminal Case No. CB-99-101) and imposed upon him the penalty of death....