2015 Criminal Law, Q22

Charlie was charged for the qualified rape of AAA. The Information alleged that AAA was 14 years old at the time the crime was committed and that Charlie was AAA’s stepfather. The presentation of AAA’s birth certificate during the trial duly established the following: (1) that AAA was indeed 14 years old at the time of the rape; and (2) that AAA’s mother is BBB and her father was the late CCC. BBB and Charlie only became live-in partners after CCC’s death. The RTC found Charlie guilty of qualified rape. On appeal, the Court of Appeals convicted Charlie of simple rape. Charlie appealed before the Supreme Court. How will you rule and why? (3%)

Quick check

Why is Charlie NOT guilty of qualified rape despite being the live-in partner of AAA's mother?

What legal relationship is strictly required for an accused to be considered a 'stepfather' under Article 266-B RPC?

What constitutional right is violated if an unalleged qualifying circumstance is used to convict an accused of qualified rape?

What is the consequence when the special qualifying circumstance alleged in the Information for rape is NOT proven?

Choices available with full access.

Can a live-in partner of a victim's mother qualify rape under Article 266-B of the Revised Penal Code?

Choices available with full access.

Unlock the full Criminal Law answers

Learn more about these topics

1. Article 266-B RPC
Under Article 266-B of the Revised Penal Code, rape is qualified when committed by a stepfather or when specified relationships or aggravating circumstances concur with the offense. Qualifying circumstances must be both specifically alleged in the Information and proven beyond reasonable doubt during trial to justify imposing the higher penalty. If a qualifying circumstance is not proven as alleged or is absent in law, the accused cannot be convicted of qualified rape.

2. Stepfather versus Partner
Under Philippine criminal law jurisprudence, the relationship of a stepfather requires a valid legal marriage between the offender and the victim's mother. A common-law partner or live-in partner of the victim's mother does not possess the legal status of a stepfather. Although common-law relationship with the mother may qualify rape under Article 266-B if specifically alleged, it cannot substitute for the allegation of stepfather status without violating due process.

3. Constitutional Right Informed
Under Section 14(2), Article III of the 1987 Philippine Constitution, an accused has the fundamental right to be informed of the nature and cause of the accusation against him. The Information must state the specific facts and qualifying circumstances relied upon by the prosecution. Appreciating a different qualifying circumstance, such as a common-law relationship, when only stepfather status was alleged in the Information violates the accused's constitutional right to due process.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026