S.A 2020/21 B.E REMEDIAL LAW | Question #05
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| SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #05 |
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BAR QUESTION
In an Information, a man was charged with having forcible carnal knowledge of a 16-year-old woman.
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The Information did not contain any allegation concerning the victim’s relationship with the accused.
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| SHOP HERE VOL. I VOL. II During the direct examination of the victim, the prosecution was able to elicit information that the accused was the 16-year-old woman’s father. |
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The defense counsel failed to object to the testimony, having also been surprised by the revelation.
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After trial, the judge convicted the accused of simple rape and imposed the corresponding penalty.
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The prosecution moved for reconsideration, claiming that the accused should be convicted of qualified rape and not simple rape because the relationship between the victim and the accused was proven, even as it had not been in the Information.
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Is the prosecution legally correct? Explain briefly.
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SUGGESTED ANSWER
No, the prosecution is not legally correct.
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According to the Rules on Criminal Procedure, the information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances (Rule 110, Section 8).
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For the accused to be convicted of qualified rape, the relationship between the victim and the accused must be alleged in the information and proved during trial.
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In qualified rape, the State is mandated to sufficiently allege in the information and to competently prove during trial the qualifying circumstances of minority and relationship with the same certainty as the crime itself (People vs. Gallano, G.R. No. 184762, February 25, 2015).
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