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    People V. Alfredo Nardo G.R. No. 133888 March 1, 2001

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    anna
    The Supreme Court found Alfredo Nardo guilty of raping his 14-year old daughter and sentenced him to death. The trial court had recommended commuting the sentence to life imprisonment for humanitarian reasons. However, the Supreme Court upheld the death penalty, as the victim's minority and relationship to the accused qualify as aggravating circumstances under the law, which were properly pleaded in the indictment and proven during the trial. Records like the victim's baptismal certificate and testimony from her mother established the qualifying circumstances.

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    People V. Alfredo Nardo G.R. No. 133888 March 1, 2001

    Uploaded by

    anna
    24 views1 page
    The Supreme Court found Alfredo Nardo guilty of raping his 14-year old daughter and sentenced him to death. The trial court had recommended commuting the sentence to life imprisonment for humanitarian reasons. However, the Supreme Court upheld the death penalty, as the victim's minority and relationship to the accused qualify as aggravating circumstances under the law, which were properly pleaded in the indictment and proven during the trial. Records like the victim's baptismal certificate and testimony from her mother established the qualifying circumstances.

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    PEOPLE v. J

    Original Title

    PEOPLE v.

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    The Supreme Court found Alfredo Nardo guilty of raping his 14-year old daughter and sentenced him to death. The trial court had recommended commuting the sentence to life imprisonment for humanitarian reasons. However, the Supreme Court upheld the death penalty, as the victim's minority and relationship to the accused qualify as aggravating circumstances under the law, which were properly pleaded in the indictment and proven during the trial. Records like the victim's baptismal certificate and testimony from her mother established the qualifying circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    People V. Alfredo Nardo G.R. No. 133888 March 1, 2001

    Uploaded by

    anna
    The Supreme Court found Alfredo Nardo guilty of raping his 14-year old daughter and sentenced him to death. The trial court had recommended commuting the sentence to life imprisonment for humanitarian reasons. However, the Supreme Court upheld the death penalty, as the victim's minority and relationship to the accused qualify as aggravating circumstances under the law, which were properly pleaded in the indictment and proven during the trial. Records like the victim's baptismal certificate and testimony from her mother established the qualifying circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEOPLE  v.

    ALFREDO NARDO
    G.R. No. 133888   March 1, 2001

    Accused was found guilty of raping his 14-yr old daughter, and was sentenced to suffer the penalty
    of death. For humanitarian reasons, however, the trial court recommended that the DEATH
    penalty be commuted to RECLUSION PERPETUA.

    HELD:

    The SC found accused guilty, and sentenced him to suffer the penalty of death. The concurrence
    of the two special qualifying circumstances, namely the victim’s minority and the relationship
    between the victim and the culprit, increases the penalty of rape to one (1) degree, thus resulting
    in the imposition of the death penalty. In order to be appreciated as qualifying circumstances,
    however, these must be properly pleaded in the indictment. In addition, the qualifying
    circumstances should be duly proved during the trial.

    The SC held that these requirements were met in this case. The Information sufficiently alleges
    that accused-appellant is the father of the victim, and that the latter was fourteen (14) years old
    at the time of commission of the rape. These elements, furthermore, were categorically affirmed
    by Elizabeth Nardo, the victim’s mother and the most competent witness.  Moreover, the victim’s
    birth date and her relationship to accused-appellant were shown by her Certificate of Baptism. 
    This was presented by her mother, Elizabeth, in lieu of her Certificate of Live Birth, which was
    destroyed by fire. The baptismal certificate, coupled by her mother’s testimony, is sufficient to
    establish victim’s age.

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