by People v. Aquino, a per curiam resolution, which held that – …qualifying circumstances need not be preceded by descriptive words such as “qualifying” or “qualified by” to properly qualify an offense. The Court has repeatedly qualified cases of rape where the twin circumstances of minority and relationship have been specifically alleged in the Information even without the use of descriptive words “qualifying” or “qualified by.” . . . Section 9, Rule 110 of the Revised Rules of Criminal Procedure states that the – … qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know…(the) qualifying and aggravating circumstances…. Thus, even the attendant circumstance itself, which is the essential element that raises the crime to a higher category, need not be stated in the language of the law. With more reason, the words “aggravating/qualifying circumstances” as used in the law need not appear in the Information, especially since these words are merely descriptive of the attendant circumstances and do not constitute an essential element of the crime. These words are also not necessary in informing the accused that he is charged of a qualified crime. What properly informs the accused of the nature of the crime charged is the specific allegation of the circumstances mentioned in the law that raise the crime to a higher category. . . . Section 8 of Rule 110 requires that the Information shall “state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances.” . . . Section 8 merely requires the Information to specify the circumstances. Section 8 does not require the use of the words “qualifying” or “qualified by” to refer to the circumstances which raise the category of an offense. It is not the use of the words “qualifying” or “qualified by” that raises a crime to a higher category, but the specific allegation of an attendant circumstance which adds the essential element raising the crime to a higher category. . . . We therefore reiterate that Sections 8 and 9 of Rule 110 merely require that the Information allege, specify or enumerate the attendant circumstances mentioned in the law to qualify the offense. These circumstances need not be preceded by the words “aggravating/qualifying,” “qualifying,” or “qualified by” to be considered as qualifying circumstances. It is sufficient that these circumstances be specified in the Information to apprise the accused of the charges against him to enable him to prepare fully for his defense, thus precluding surprises during the trial. When the prosecution specifically alleges in the Information the circumstances mentioned in the law as qualifying the crime, and succeeds in proving them beyond reasonable doubt, the Court is constrained to impose the higher penalty mandated by law. This includes the death penalty in proper cases. . . . To guide the bench and the bar, this Resolution clarifies and resolves the issue of how to allege or specify qualifying or aggravating circumstances in the Information. The words “aggravating/qualifying,” “qualifying,” “qualified by,” “aggravating,” or “aggravated by” need not be expressly stated as long as the particular attendant circumstances are specified in the Information.
Posted on: Fri, 24 Oct 2014 03:10:55 +0000
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