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  • People V Mejeca

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    Nica Cielo B. Libunao
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    The appellants were charged with robbery with homicide for robbing and shooting the victim at her pawnshop. They were sentenced to death due to the aggravating circumstance of using an unlicensed firearm. However, this circumstance was not alleged in the information. The court held that the appellants' right to be informed was violated because a circumstance qualifying for capital punishment must be specifically alleged in the information. Failing to do so violates the accused's right to know the nature and cause of the accusation against them.

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    People v Mejeca

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    People v Mejeca

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    The appellants were charged with robbery with homicide for robbing and shooting the victim at her pawnshop. They were sentenced to death due to the aggravating circumstance of using an unlicensed firearm. However, this circumstance was not alleged in the information. The court held that the appellants' right to be informed was violated because a circumstance qualifying for capital punishment must be specifically alleged in the information. Failing to do so violates the accused's right to know the nature and cause of the accusation against them.

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    126 views1 page

    People V Mejeca

    Uploaded by

    Nica Cielo B. Libunao
    The appellants were charged with robbery with homicide for robbing and shooting the victim at her pawnshop. They were sentenced to death due to the aggravating circumstance of using an unlicensed firearm. However, this circumstance was not alleged in the information. The court held that the appellants' right to be informed was violated because a circumstance qualifying for capital punishment must be specifically alleged in the information. Failing to do so violates the accused's right to know the nature and cause of the accusation against them.

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    Article III. Section 14. Right to be informed.

    PEOPLE V MEJECA - G.R.146425

    FACTS: Appellant-appellants were charged of Robbery with Homicide. They


    robbed a pawnshop owned by the victim whom they shot as she tried to flee from
    her shop. The penalty imposed on the appellants was death due to the qualifying
    circumstance of use of unlicensed firearms. Appellants aver that this would violate
    his right to be informed of the nature and accuse of the accusation against him
    since this circumstance was not alleged properly in the information.

    ISSUES: W/N the right to be informed was violated.

    HELD: Yes

    1. Inasmuch as the use of an unlicensed firearm is now considered as a special


    aggravating circumstance which would merit the imposition of the supreme
    penalty of death, the same must be specifically alleged in the information.
    


    2. The use of an unlicensed firearm in the commission of murder or homicide is a


    qualifying circumstance. Following the well established rules pertinent to
    this issue, the imposition of capital punishment on accusedappellant is
    improper absent the express allegation of such qualifying circumstance,
    otherwise it would violate his right to be informed of the nature and cause
    of the accusation against him. 


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