People vs. Fernandez G.R. No. 137647

Facts: RTC of Pasig convicted accused-appellant Wilfredo Fernandez y Malinao guilty of rape and to suffer the penalty of death. It was in December 1996 when Wilfredo raped Melissande Pasasala y Bohol, the daughter of his common-law spouse, Dionesia Pasasala. The victim was living with the accused since 9 years old, and was 15 years old when the alleged crime was committed. In the evening after a drinking spree with his friends, Wilfredo called the victim and asked her to go to his room but she refused, instead he told her to go to the bathroom and thereafter pushed her there. He sat on her thigh. She begged "Papa. I don't like" but Wilfredo threatened of killing her. While on the middle of the act, Dionesia came knocking on the door. The victim was ale to escaped and sought refuge to her older brother Efren Cassamayo who was living in another town. They have reported the incident to the police authorities and formally accused Wilfredo. The victim, her brother Nobee Jun Cassamayor and  her mother testified with the prosecution. Wilfredo in petition, did not question his conviction from the trial court, but argues that the lower court erred in imposing the death penalty.

Issue: Whether RTC's conviction of death penalty can be sustained?

Held: The trial court's conviction of rape is AFFIRMED as it was undisputed that the accused threatened the girl who was just 15 years old that time with force and intimidation which was heightened by a previous sexual molestation, threats and acts of violence. However, the penalty of death on the basis of the relationship of Wilfredo to the victim cannot be sustained as describe in Article 335 of the Revised Penal Code, as amended by RA 7659. There has been no allegation therein that Wilfredo is the common-law spouse of the victim's mother. In a case where a death penalty is imposed, the qualifying circumstances must be alleged, as it defeats the constitutional right of the accused to be informed of the nature and cause of the accusation. Nonetheless the accused is guilty of rape, having been charge in the information of simple rape, the penalty should be reclusion perpetua pursuant to Article 65 of the Revised Penal Code.

RTC decision AFFIRMED with modification