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Facts:
In 1998, an RTC decision found Romeo Gallo guilty of
the crime of qualified rape with the penalty of death.
In 1999- Gallo filed a Motion to Re-Open the Case
seeking modification
of the
death
sentence
to reclusion perpetua in line with the new court rulings
on the attendant circumstances in Sec 11 of RA 7659.
According to People vs. Garcia: the additional
attendant
circumstances
introduced in RA
7659 should be considered as special
qualifying
circumstances distinctly applicable to the crime of
rape
and
if
notpleaded as such, could only be appreciated as gene
ric aggravatingcircumstances. The information filed
against Gallo does not allege his relationship with the
victim Marites Gallo (his daughter), thus it CANNOT be
considered as a qualifying circumstance.
Ruling:
Judicial decisions applying or interpreting the law or
the constitution form part of the legal system of
theland and so the doctrine forms part of the penal
statutes and therefore maybe applied retroactively
being favorable to the accused who is not a habitual
criminal, notwithstanding that final sentence has
already been pronounced against him. The doctrine of
People vs. Garcia may be retroactively applied as it is
Doctrine:
Special qualifying circumstances have to be alleged in
the information for it to be appreciated.
311
SCRA
664
(July