Dear Atty. Angela,

I am a volunteer for an NGO helping abused women and children. We have a case where the girl-victim was sexually abused by her uncle. We already won the case in the Regional Trial Court for statutory rape but the judge did not impose a higher penalty saying that the crime cannot be qualified because the information did not state the degree of relationship of victim with accused. However, it was stated in the information that the victim was the own niece of accused and during trial, it was mentioned that he was her maternal uncle. Can we still win if we appeal our case?

Tina

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Dear Tina,

It is clear that under Section 6, in relation to Section 9, Rule 110 of the Rules of Criminal Procedure, the information must be sufficient. “In the event that a qualifying or aggravating circumstance attended the commission of the crime, Sec. 9 ordains that the same should be stated in ordinary and concise language, sufficient to inform the accused not only of the crime, but also the qualifying circumstances which attended its commission.”

In the case of People of the Philippines v. BBB, G.R. No. 254878 (2024), the Supreme Court clarified that using common terms that clearly define the relationship is sufficient to inform the accused and uphold fairness and due process. In this case, the information expressly stated that the victim was BBB’s own niece. Although it did not specify the exact degree of their relationship, it clearly described their connection in ordinary language. “[A] description that clearly and categorically identified [the victim] as [BBB’s] niece satisfies the requirement to inform him fully and prepare a defense.”

In a Concurring Opinion, it was specified that nothing is simpler and clearer than stating that the victim is the accused’s own niece, instead of using the phrase “a relative within the third degree of consanguinity or affinity.”

Thus, based on the facts of the case, there is basis to amend the RTC’s decision and to qualify the crime of statutory rape, increasing the penalty, from reclusion perpetua to death.

Atty. Angela Antonio