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People v Baldino

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People v Baldino

Case Title and Citation

People of the Philippines, plaintiff-appellee, vs. Muller Baldino, accused-appellant.
G.R. No. 137269, 2000-10-13
Supreme Court - En Banc
Ponente: Justice Gonzaga-Reyes

Facts

  • The information charged Muller Baldino with rape of Abrelinda Silam, then thirteen years old, on 04 March 1998 in Baguio City; the complainant is his sister-in-law, being married to his elder sister Judith. The case also references a prior alleged rape in 1997 in Buguias, Benguet.
  • Abrelinda testified she was invited by Judith to stay at Judith’s house to help with Judith’s children; Baldino is alleged to have committed the act while she slept, restraining her wrists, sitting on her legs, removing her pants and underwear, and raping her despite her resistance.
  • The alleged first incident occurred in 1997 in Buguias, Benguet; Abrelinda filed a complaint there and an information for rape was filed in Benguet (Exh. C). A separate information for violation of RA 7610 (Child Abuse) was filed in Baguio (Exh. D).
  • On the night of 04 March 1998, after the rape, Abrelinda disclosed the incident to Marcelet Silam-Danglosen; she later filed a sworn statement (Exh. A) and underwent a medico-legal examination (Exh. B) on 13 March 1998.
  • Dr. Ronald Bandonill’s report (Exh. B) noted hymenal lacerations consistent with prior injury and stated old-healed, complete hymenal lacerations; no extragenital injuries were observed.
  • The medical findings did not negate the claim of rape; the trial court found that force and relative strength, combined with the complainant’s age, rendered her unable to resist effectively.
  • An Amicable Settlement (Exh. 1; Exh. E) was prepared with community and family involvement, but Abrelinda testified and proceeded with the case.
  • The trial court convicted Baldino of rape and sentenced him to death, citing aggravating circumstances including the victim’s age (13 years) and relationship to the offender (brother-in-law, within the third degree of affinity).
  • On appeal, the Public Attorney’s Office argued that the court erred in imposing death penalty given the lack of pleaded qualifying relationship; the Solicitor-General agreed that the death penalty was improper, but the case proceeded to review on the merits.

Issues

  1. Did the trial court commit error by convicting for qualified rape and imposing the death penalty when the Information did not allege the qualifying circumstance of relationship?
  2. Is the proper penalty for the crime reclusion perpetua (simple rape) given the absence of a pleaded qualifying relationship in the Information?

Ruling

  1. Yes — The trial court erred in convicting for qualified rape and imposing the death penalty because the Information did not allege the qualifying relationship.
  2. Yes — The proper penalty is reclusion perpetua for simple rape, given the absence of a pleaded qualifying relationship.

Reasoning / Ratio Decidendi

  • Republic Act No. 8353 (RA 8353) introduces seven qualifying circumstances that elevate rape to death. However, qualifying circumstances must be pleaded in the indictment; if not pleaded but proven, they are to be treated only as aggravating circumstances, not as the basis for a death-penalty conviction.
  • The information in this case charged simple rape but did not allege the qualifying circumstance of relationship (brother-in-law within the third degree of affinity). The Court held that convicting for qualified rape on this record violated due process, as the essential element (the qualifying circumstance) was not pleaded.
  • The Court reaffirmed the rule from People v. Garcia and People v. Ramos that qualifying circumstances must be pleaded; without proper pleading, the offense remains simple rape, with the corresponding penalties.
  • The Court recognized that the relationship between Baldino and Abrelinda could be considered as an aggravating circumstance for purposes of damages, but not to justify a death-penalty conviction when not alleged.
  • The trial court’s factual findings of force, the complainant’s age, and Baldino’s relation to the victim were considered, but the controlling procedural rule requires proper pleading of the qualifying circumstance to sustain a death-penalty conviction.

Doctrine / Legal Principle

  • Qualifying circumstances in rape cases must be pleaded in the indictment; if not pleaded but proven, they are treated as aggravating, not as grounds for death penalty.
  • In the absence of pleaded qualifying circumstances, a rape case must be classified as simple rape, with the corresponding punishment of reclusion perpetua under RA 8353.
  • The relationship of the offender to the victim can serve as an aggravating circumstance for purposes of damages, even if not pleaded as a qualifying circumstance for death penalty.
  • The appellate court may affirm a conviction with modification where the trial court erred in applying a harsher penalty due to unpleaded qualifying circumstances.

Disposition

  • The judgment is affirmed with modification: Baldino is convicted of simple rape and sentenced to reclusion perpetua.
  • Civil indemnity of ₱50,000.00 and moral damages of ₱50,000.00 are affirmed; additionally, exemplary damages of ₱25,000.00 are awarded.
  • The petition for death penalty is denied; the case is remanded to reflect the corrected evaluation of penalties consistent with simple rape.

Concurring / Dissenting Opinions

  • None stated in the provided material.

Significance / Notes

  • Reiterates that qualifying circumstances must be pleaded to support death penalty; absence of such pleading requires conviction for simple rape and penalties accordingly.
  • Affirms the role of aggravating circumstances (such as relationship) for awarding damages, even when not used to justify death penalty.
  • Highlights due process concerns in penal classifications where the charged offense does not match the proven circumstances.
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