Sep 4, 2026 · 31 min · 10 segments
Does the use of common familial terms such as “uncle” or “niece” in a criminal information, particularly in rape cases, sufficiently inform the accused of the nature of their relationship to the…
Dean Ace PamaranGuest
Mike NavalloHost
Tiff Atendido Beltran
What's in a term? In Philippine criminal law, a single word or words or the lack thereof can determine whether an accused faces a standard prison term or spends the rest of their life behind bars.
all opinions expressed in this podcast do not reflect the views of the supreme court for clarity the text of the decision prevails
Sometime in September 2010, an eight-year-old girl and her mother traveled to Eastern Samar to visit her maternal grandmother.
What was supposed to be a joyous family visit turned into a nightmare when the girl was sexually abused by her maternal uncle.
The uncle was subsequently charged and convicted by the Regional Trial Court of Statutory Rape, qualified by relationship.
However, on appeal, the Court of Appeals downgraded the conviction to simple statutory rape.
Why? Because the information merely stated that the victim was his own niece but failed to state the exact statutory phrase, a relative by consanguinity or affinity within the third civil degree.
Does the use of common familial terms such as uncle or niece in a criminal information, particularly in rape cases, sufficiently inform the accused of the nature of their relationship to the victim, especially when the relationship qualifies the crime and increases the penalty? Hi, I'm Attorney Mike Navallo, Supreme Court Chief Communications Officer.
It's the 4th of September, 2026, and today we talk about the significance of making proper allegations in criminal informations within the context of the case of People of the Philippines v. BBB 254878, GR No. 254878.
This decision was penned by Associate Justice Henry Jean Paul Bienting and promulgated by the Supreme Court on Bank on October 22, 2024.
And back with us to discuss this case is Attorney Dean Ace Amaran, who served as one of the bar examiners in criminal law during the 2024 bar examinations.
He is a seasoned court attorney and law professor with extensive experience in decision writing, legal research, judicial management and administration, and legal education.
He has also lectured in the Supreme Court Strategic Plan for Judicial Innovations, or SPJI, gender sensitivity and gender-based violence, tourism laws, cybercrime, and legal writing.
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What's in a term? In Philippine criminal law, a single word or words or the lack thereof can determine whether an accused faces a standard prison term or spends the rest of their life behind bars.
all opinions expressed in this podcast do not reflect the views of the supreme court for clarity the text of the decision prevails
Sometime in September 2010, an eight-year-old girl and her mother traveled to Eastern Samar to visit her maternal grandmother.
What was supposed to be a joyous family visit turned into a nightmare when the girl was sexually abused by her maternal uncle.
The uncle was subsequently charged and convicted by the Regional Trial Court of Statutory Rape, qualified by relationship.
However, on appeal, the Court of Appeals downgraded the conviction to simple statutory rape.
Why? Because the information merely stated that the victim was his own niece but failed to state the exact statutory phrase, a relative by consanguinity or affinity within the third civil degree.
Does the use of common familial terms such as uncle or niece in a criminal information, particularly in rape cases, sufficiently inform the accused of the nature of their relationship to the victim, especially when the relationship qualifies the crime and increases the penalty? Hi, I'm Attorney Mike Navallo, Supreme Court Chief Communications Officer.
It's the 4th of September, 2026, and today we talk about the significance of making proper allegations in criminal informations within the context of the case of People of the Philippines v. BBB 254878, GR No. 254878.
This decision was penned by Associate Justice Henry Jean Paul Bienting and promulgated by the Supreme Court on Bank on October 22, 2024.
And back with us to discuss this case is Attorney Dean Ace Amaran, who served as one of the bar examiners in criminal law during the 2024 bar examinations.
He is a seasoned court attorney and law professor with extensive experience in decision writing, legal research, judicial management and administration, and legal education.
He has also lectured in the Supreme Court Strategic Plan for Judicial Innovations, or SPJI, gender sensitivity and gender-based violence, tourism laws, cybercrime, and legal writing.
