PEOPLE vs.

Ubina

Promulgated:July 10, 2007

The case is about the review on the Decision of the Court of Appeals
(CA) in CA-G.R. CR No. 00012, which affirmed with modification the August 6,
2003 Decision of the Regional Trial Court of Tuao, Cagayan, Branch 11 in
Criminal Case No. 895-T, finding appellant Orlando Ubiña y Aggalut guilty
beyond reasonable doubt of the crime of rape. That the appellate court
disregarded the qualifying circumstances of minority and relationship of the
parties in the imposition of penalty because it noted that they were not
alleged in the information.

ISSUE:
Whether or not the court erred its decision the qualifying circumstance of
relationship and minority in the case.

RULING:

The court ruled in the case of People vs. Esperanza that the twin
circumstances of minority and relationship under Article 335 of the
Revised Penal Code, as amended by R.A. No. 7659, are in the nature of
qualifying circumstances because they alter the nature of the crime
of rape and increase the penalty. As special qualifying circumstances
they must be specifically pleaded or alleged with certainty in the
information; If the offender is merely a relation - not a parent,
ascendant, step-parent, guardian, or common law spouse of the mother
of the victim – the specific relationship must be alleged in the
information, that he is “a relative by consanguinity or affinity as the
case may be within the third civil degree.” The court did not erred its
decision regarding the qualifying circumstance of relationship between the
appellant and the offended party because it was not alleged in the information
regarding the said relationship of both party. Thus, the court will only appreciate
that qualifying circumstance of relationship if it was alleged in the information
otherwise it cannot be appreciated.
However, the Court of Appeals erred in disregarding the minority of the
offended party because such was properly alleged in the Information and
was proven during trial by the presentation of a certification of the
offended party’s record of birth duly issued by the office of the municipal
civil registrar of Sto. Niño, Cagayan.