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    People V Ulit

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    Fox Macalino
    The accused, Feliciano Ulit, had carnal knowledge of and committed lascivious acts against his 11-year-old niece, Lucille Serrano, on four separate occasions. While the relationship between the accused and victim of uncle and niece was proven, this does not satisfy the alternative circumstance of relationship according to Article 15 of the Revised Penal Code. Article 15 specifies that the alternative circumstance of relationship only applies if the victim is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative by affinity of the same degree as the offender. Therefore, the relationship of uncle and niece in this case does not meet the definition in Article 15 to be considered an aggravating

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    People V Ulit

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    Fox Macalino
    15 views2 pages
    The accused, Feliciano Ulit, had carnal knowledge of and committed lascivious acts against his 11-year-old niece, Lucille Serrano, on four separate occasions. While the relationship between the accused and victim of uncle and niece was proven, this does not satisfy the alternative circumstance of relationship according to Article 15 of the Revised Penal Code. Article 15 specifies that the alternative circumstance of relationship only applies if the victim is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative by affinity of the same degree as the offender. Therefore, the relationship of uncle and niece in this case does not meet the definition in Article 15 to be considered an aggravating

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    Case digest for Criminal Law

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    People v Ulit

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    The accused, Feliciano Ulit, had carnal knowledge of and committed lascivious acts against his 11-year-old niece, Lucille Serrano, on four separate occasions. While the relationship between the accused and victim of uncle and niece was proven, this does not satisfy the alternative circumstance of relationship according to Article 15 of the Revised Penal Code. Article 15 specifies that the alternative circumstance of relationship only applies if the victim is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative by affinity of the same degree as the offender. Therefore, the relationship of uncle and niece in this case does not meet the definition in Article 15 to be considered an aggravating

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15 views2 pages

    People V Ulit

    Uploaded by

    Fox Macalino
    The accused, Feliciano Ulit, had carnal knowledge of and committed lascivious acts against his 11-year-old niece, Lucille Serrano, on four separate occasions. While the relationship between the accused and victim of uncle and niece was proven, this does not satisfy the alternative circumstance of relationship according to Article 15 of the Revised Penal Code. Article 15 specifies that the alternative circumstance of relationship only applies if the victim is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative by affinity of the same degree as the offender. Therefore, the relationship of uncle and niece in this case does not meet the definition in Article 15 to be considered an aggravating

    Copyright:

    © All Rights Reserved
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    People v Ulit

    GR No. 131799-801
    February 23 2004
    Callejo, Sr., J.:

    Facts:On at least 4 different occasions, the accused, Feliciano Ulit, had carnal knowledge and
    committed acts of lasciviousness against his own niece, victim 11 year old Lucille Serrano. The
    victim refused to tell her parents what happened because the accused said that he'd kill the
    former and her family if she did. The parents of the victim, suspicious of what was happening,
    brought the victim to the Barangay Chairman. The victim confessed what happened. The
    Barangay Chairman ordered his Tanods to bring the accused to him. The accused admitted to
    the acts and subscribed to a Sinumpang Salaysay. The RTC found the accused guilty of 4
    counts of rape and acts of lasciviousness.

    Issue: Is the alternative circumstance of relationship present?

    Ruling: No, the alternative circumstance of relationship is not present.

    ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into
    consideration as aggravating or mitigating according to the nature and effects of the crime and
    the other conditions attending its commission. They are the relationship, intoxication and the
    degree of instruction and education of the offender.

    The alternative circumstance of relationship shall be taken into consideration when the offended
    party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
    relative by affinity in the same degrees of the offender.

    Circumstances; Relationship; While it is true that the alternative circumstance of


    relationship is always aggravating in crimes against chastity, it is only taken into
    consideration under Article 15 of the Revised Penal Code “when the offended party is the
    spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or
    relative by affinity in the same degree of the offender”–the relationship of uncle and
    niece is not covered by any of the relationships mentioned.–In the determination of whether
    the death penalty should be imposed on the appellant, the presence of an aggravating
    circumstance in the commission of the crime is crucial. In the cases at bar, although the
    relationship of uncle and niece between the appellant and the victim has been duly proven, the
    alternative circumstance of relationship under Article 15 of the Revised Penal Code cannot be
    appreciated as an aggravating circumstance against the appellant. While it is true that the
    alternative circumstance of relationship is always aggravating in crimes against chastity,
    regardless of whether the offender is a relative of a higher or lower degree of the offended party,
    it is only taken into consideration under Article 15 of the Revised Penal Code “when the
    offended party is the spouse, ascendant, descendant, legitimate, natural or adopted brother or
    sister, or relative by affinity in the same degree of the offender.” The relationship of uncle and
    niece is not covered by any of the relationships mentioned.

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