People V Begino

People vs. Begino times – 8 years old, grade 3, 4, 5.
G.R. Number 181246 | 582 SCRA 189 | March 20, 2009 | Carpio, J.
Petition: Appeal from a decision of the CA  BBB brought daughter to the DSWD and found pertinent facts
Petitioners: People of the Phils (e.g. lacerations on AAA’s hymen were caused by
Respondents: Remeias Begino y Grajo penetrations of an erected and turgid sex organ)
DOCTRINE  Appellant denied and asserted that he treated AAA and her
siblings as his own children since he started living with their
Qualifying circumstances must be properly pleaded in the indictment. mother.
If not, it would be a denial of the right of the accused to be informed of the
charges against him and consequently, a denial of due process, if he is  He further testified that from 6am to 6pm that same date, he
charged with simple rape and be convicted of its qualified form, although the was at the coconut plantation of Apolinarion Malaluan husking
attendant circumstance qualifying the offense and resulting in the capital coconuts.
punishment was not alleged in the indictment on which he was arraigned.
o The distance of his house and coconut plantation is 30
FACTS minute walk.
 Appellant was formally charged of the crime of rape of an 8- o There was never a time he left the workplace since he
year old girl. He pleaded not guilty. took his lunch and snacks there.
 AAA, victim, testified when she was already 14 years old,  This was corroborated by Camilo and Reynaldo, his witnesses.
stating that while she and appellant were alone in the house,
appellant was sharpening his bolo while her mother, BBB, was  RTC found appellant guilty beyond reasonable doubt of the
out getting talapang. crime of statutory rape aggravated by the fact that victim is
below 18 yrs old and offender common law husband of BBB
o She was not aware that appellant had closed the door
and windows of the house.  CA affirmed judgment
o Appellant approached AAA and removed her shirt, panties

and bra. Appellant also removed his shorts and briefs and PROVISIONS
laid AAA down on the bamboo bench
Article 266-A and Article 266-B provide:
ART. 266-A. Rape, When and How Committed. - Rape is committed -
o With the bolo placed on his right side, appellant placed 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
himself on top of AAA and inserted his penis into her a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
vagina. c. By means of fraudulent machination or grave abuse of authority; and
d. When the offended party is under twelve (12) years of age or is demented, even though none of the
o AAA tried to fight back and resisted but appellant was too circumstances mentioned above is present;
strong, kissed her and touched her breasts
xxx
o AAA felt pain and blood oozed out of her vagina.
ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by
reclusion perpetua.
o After satisfying himself, appellant warned AAA that he
would kill her and her mother BBB if she would tell xxx
anybody about the incident
The death penalty shall be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
 Sometime in Nov 1998, AAA told her mother, claimed rape 4
Page 1 of 2
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step- spouse of BBB, but such was not alleged in the
parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law
spouse of the parent of the victim. information.
i. If the same are not pleaded but proved, they shall

ISSUES
be considered only as aggravating circumstances
1. W/N appellant denied of right to be informed of charge against since the latter admit of proof even if not
him – Yes, in terms of the qualifying circumstance only pleaded.
ii. it would be a denial of the right of the accused to

RULING & RATIO be informed of the charges against him and
consequently, a denial of due process, if he is
1. Yes, only in terms of the qualifying circumstance. charged with simple rape and be convicted of its
qualified form, although the attendant
a. Appellant could not be indicted for qualified rape and circumstance qualifying the offense and resulting
penalized under par 1 of Art 266-B in the capital punishment was not alleged in the
indictment on which he was arraigned.
i. Under said law, death penalty shall be imposed if
crime of rape is committed when the victim is iii. Since qualifying circumstance of “common law
under 18 years old and offender is a “parent, spouse” was not alleged in information for rape,
ascendant, stepparent, guardian, relative by he could not be convicted of rape in the qualified
consanguinity or affinity within 3 rd degree, or form as he was not properly informed of the
common law spouse of parent of victim”; these nature and cause of accusation against him.
must be alleged and proved beyond reasonable
doubt 1. This is to enable the accused to properly
prepare his defense
1. In said case, age of victim sufficiently
proved. c. The qualifying circumstance of relationship, not having
been properly pleaded, appellant should be convicted
2. Accused is not a stepfather, but a only of statutory rape under par d of Art 266-A.
commonlaw spouse of BBB – no proof of
marriage between BBB and appellant.
DISPOSITION
ii. Since appellant is not stepfather of AAA, the
prosecution’s failure to prove the qualifying  Appellant guilty beyond reasonable doubt of the crime of
circumstance bars conviction for rape in its statutory rape
qualified form.
b. What was proved was that appellant was common law
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People vs. Begino times – 8 years old, grade 3, 4, 5.

o Appellant approached AAA and removed her shirt, panties

i. If the same are not pleaded but proved, they shall

ii. it would be a denial of the right of the accused to

b. What was proved was that appellant was common law

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