PEOPLE VS TABAYAN, GR. No.

190620, June 18, 2014 (DEATH

PENALTY)
Facts: Tabayan here was convicted of qualified rape, by means of force
and intimidation, He did, willfully, unlawfully and feloniously raped his 8
year old granddaughter.
Issue: What is the penalty to be imposed in this case?
Ruling: The Supreme Court stated As to the penalty. Under Article 266-B
of the Revised Penal Code, as amended, the imposable penalty for
qualified rape is death. With the effectivity, however, of Republic Act No.
9346, entitled, "An Act Prohibiting the Imposition of Death Penalty in the
Philippines," the imposition of the supreme penalty of death has been
prohibited. Pursuant to Section 2 thereof, the penalty to be meted out to
appellant shall be reclusion perpetua without eligibility for parole