People v.

Narido
Accused raped his 11-year-old daughter while they are gathering firewood. On
another occasion, his common law wife caught him laying on top of his daughter.

Issue:

W/N said crime is punishable by death? (special circumstance imposing death penalty
automatically – victim is under 18 years of age and offender is a parent.)

Held: No.

Guilty only of simple statutory rape and not qualified rape for want of allegation of
relationship. Said special circumstances introduced by RA 7659 which sanction
automatic imposition of death penalty partake of the nature of qualifying
circumstances since these circumstances increase the penalty for rape by one degree.
Nonetheless, to be properly appreciated as a qualifying circumstance, it must be
specifically pleaded in the information. Information in this case reveals that although
the complainant’s minority was alleged, the fact of relationship, albeit proven during
the trial, was not so specified.