PEOPLE VS OBRIQUE

RE:
SPECIAL
RELATIONSHIP

AGGRAVATING

CIRCUMSTANCE

OF

FACTS: An information was filed by the prosecution accusing Raul Obrique for a
crime of qualified rape committed upon his 13-year old niece, Angela H. Obrique.
The said Information expressly stated the minority of the victim, however, the
prosecution did not properly allege the qualifying circumstance of relationship.
Consequently, death penalty was imposed by the RTC upon the accused.

ISSUE: Whether or not the lower court was correct in imposing death penalty upon
the accused.

RULING: NO.
To warrant the imposition of the death penalty, the concurrence of the minority of
the victim and her relationship with the offender must be sufficiently alleged in
the information and duly established by evidence. The twin qualifying
circumstances of the victims age, as well as relationship with appellant, must be
indubitably proven. In this case, the information filed by the prosecution merely
states that the complainant is appellants niece, without specifying that appellant
was a relative by consanguinity within the third civil degree. Accordingly, accused
can only be found guilty of simple rape and sentenced to suffer the penalty
of reclusion perpetua.