People v. Soria, 685 SCRA 483

People v. Soria
685 SCRA 483
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Facts:
Accused, who is the father of private complainant "AAA", was charged of the crime of rape. The Information states that the accused did then and there willfully, unlawfully, and feloniously with force and intimidation commit an act of sexual assault upon the person of one "AAA", a minor, 7 years of age, by then and there inserting his penis into the genital of said complainant, all against her will and consent, which act debases, degrades, or demeans the intrinsic worth and dignity of said "AAA", as a human being. However, in the Information filed, there was no proof attached on the age of the private complainant at the time the crime was committed. Nevertheless, the RTC convicted the accused for the crime charged and was sentence with the maximum penalty of death.
Issue: WON the RTC rightfully convicted the accused
Held:
No. The Supreme Court ruled that the penalty should only be Reclusion Temporal because minority in this rape case was only considered as aggravating circumstance and not qualifying because of the failure to describe minority in the Information. It is settled that when either one of the qualifying circumstances is omitted or lacking, that which is pleaded in the information and proved by the evidence, may be considered only as an aggravating circumstance.