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    People V Burgos

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    1) The accused filed a motion to reduce his death sentence for rape to reclusion perpetua, arguing that under recent court rulings, the qualifying circumstances in the rape statute must be pleaded in the indictment to warrant the death penalty. 2) The issue is whether the Garcia doctrine, which requires qualifying circumstances to be pleaded, applies retroactively to the accused's conviction. 3) The court held that the Garcia doctrine does apply retroactively, so the accused's sentence was reduced from death to reclusion perpetua in accordance with the qualifying circumstances not being pleaded in the indictment.

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    People V Burgos

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    1) The accused filed a motion to reduce his death sentence for rape to reclusion perpetua, arguing that under recent court rulings, the qualifying circumstances in the rape statute must be pleaded in the indictment to warrant the death penalty. 2) The issue is whether the Garcia doctrine, which requires qualifying circumstances to be pleaded, applies retroactively to the accused's conviction. 3) The court held that the Garcia doctrine does apply retroactively, so the accused's sentence was reduced from death to reclusion perpetua in accordance with the qualifying circumstances not being pleaded in the indictment.

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    People v Burgos

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    1) The accused filed a motion to reduce his death sentence for rape to reclusion perpetua, arguing that under recent court rulings, the qualifying circumstances in the rape statute must be pleaded in the indictment to warrant the death penalty. 2) The issue is whether the Garcia doctrine, which requires qualifying circumstances to be pleaded, applies retroactively to the accused's conviction. 3) The court held that the Garcia doctrine does apply retroactively, so the accused's sentence was reduced from death to reclusion perpetua in accordance with the qualifying circumstances not being pleaded in the indictment.

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    © All Rights Reserved
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    50 views1 page

    People V Burgos

    Uploaded by

    cris
    1) The accused filed a motion to reduce his death sentence for rape to reclusion perpetua, arguing that under recent court rulings, the qualifying circumstances in the rape statute must be pleaded in the indictment to warrant the death penalty. 2) The issue is whether the Garcia doctrine, which requires qualifying circumstances to be pleaded, applies retroactively to the accused's conviction. 3) The court held that the Garcia doctrine does apply retroactively, so the accused's sentence was reduced from death to reclusion perpetua in accordance with the qualifying circumstances not being pleaded in the indictment.

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    VIII.

    RAPE CATACUBOY

    People of the Philippines v Romeo Gallo y Igloso


    GR No. 124736, 29 September 1999

    Nature: Automatic Review of a decision of the RTC of Binangonan


    Per Curiam
    Facts:
    Accused-appellant filed a motion to re-open case seeking a modification
    of the death sentence to reclusion perpetua. Accused proffers that the reduction
    sought would be in line with the new Court rulings which annunciate that the
    seven attendant circumstances introduced in Section 11 of Republic Act No 7659
    partake of the nature of qualifying circumstances that must be pleaded in the
    indictment in order to warrant the imposition of the penalty.

    Issues:
    Whether or not the Court must apply retroactively the Garcia doctrine to
    the conviction of accused-appellant

    Held:
    Yes

    Ruling:
    In the case of People v Garcia, the Court ratiocinated that the additional
    attendant circumstances introduced by RA 7659 should be considered as special
    qualifying circumstances distinctly applicable to the crime of rape and, if not
    pleaded as such, could only be appreciated as generic aggravating circumstances.
    The office of the Solicitor General stated that judicial decision applying or
    interpreting the law or the Constitution shall form part of the legal system of the
    land. By operation of law, appellant is rightfully entitled to the beneficial
    application and reduction of sentence from death to reclusion perpetua.

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