People vs Atop

GR 124303-05
February 10, 1998
In re: Article 15
Facts: Regina Guafin was raped on 3 separate occasions October 9, 1992, in 1993,
and in December 26, 1994, by Alejandro Atop her grandmother's common law
husband. Atop was found guilty of rape with the aggravating circumstances of
nighttime and relationship. Atop believes that the RTC erred in appreciating the
aggravating circumstances.
Issue: WON the RTC erred in appreciating relationship as an aggravating
circumstance.
Held: Yes. The scope of relationship as defined by law encompasses: spouses;
ascendant; descendant; legitimate, natural or adapted siblings; or a relative by
affinity in the same degree. Relationship by affinity refers to relations by virtue of
legal bonds such as marriage. Section 11 of RA 7659 indicates that Article 335 of
the RPC indicates that common law spouses of the parents is an attendant
circumstance to qualify the rape to aggravate the crime. The fact that Atop is the
common law husband of the grandmother disqualifies relationship from being an
aggravating circumstance