584 Phil. 560
AZCUNA, J.:
CRIMINAL CASE NO. S-5932When arraigned on April 15, 2002, appellant, with the assistance of his counsel, entered pleas of "not guilty" to the crimes charged.
That on or about July 21, 2001, at Brgy. Pag-asa, Municipality of Mabitac, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused with lewd design and with the use of force and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with his daughter [AAA], a fourteen (14) year old girl, against her will and consent, to her damage and prejudice.
That the qualifying aggravating circumstance of moral ascendancy is present in the commission of the crime, the accused being the father of the victim.
CRIMINAL CASE NO. S-5933
That on or about August 9, 2001, at Brgy. Pag-asa, Municipality of Mabitac, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and with the use of force and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with his daughter [AAA], a fourteen (14) year old girl, against her will and consent, to her damage and prejudice.
That the qualifying aggravating circumstance of moral ascendancy is present in the commission of the crime, the accused being the father of the victim.
CRIMINAL CASE NO. S-5934
That on or about August 15, 2001, at Brgy. Pag-asa, Municipality of Mabitac, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and with the use of force and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with his daughter [AAA], a fourteen (14) year old girl, against her will and consent, to her damage and prejudice.
That the qualifying aggravating circumstance of moral ascendancy is present in the commission of the crime, the accused being the father of the victim.
CRIMINAL CASE NO. S-5935
That on or about September 30, 2001, at Brgy. Pag-asa, Municipality of Mabitac, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused with lewd design and with the use of force and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with his daughter [AAA], a fourteen (14) year old girl, against her will and consent, to her damage and prejudice.
That the qualifying aggravating circumstance of moral ascendancy is present in the commission of the crime, the accused being the father of the victim.[2]
CONTRARY TO LAW.
After the testimony of private complainant, the prosecution formally offered in evidence private complainant's sworn statement, medical certificate, and birth certificate before resting its case.
Pertinent Physical Examination: General Survey: F/N, F/D, afebrile, not in distress, no evidence of external physical injuries. Genitalia: Non-gaping vaginal orifice. Internal Examination: Admits 1 finger with ease; with hymenal lacerations; old, healed, complete at 3 and 9 o'clock positions; incomplete at 4 and 8 o'clock positions. Whitish non mucoidal, non foul smelling minimal discharge. Vaginal smear done Pus cells 0-2/hpf RBC 0-/hpf Bacteria ++, no sperm cells found.
WHEREFORE, finding accused LUISITO MERCADO BAUN guilty beyond reasonable doubt of not only one but four (4) cases of rape on his own daughter, [AAA], he is hereby sentenced to suffer the penalty of DEATH for each case.The case was elevated to this Court for automatic review. The Court transferred the case to the Court of Appeals for intermediate review following People v. Mateo.[8]
Similarly, he is hereby ordered to pay the above complainant-offended party the sum of P75,000.00 as actual damages for each case or the total amount of P300,000.00 and moral damages in the sum of P50,000.00 for each case or the total sum of P200,000.00.
No exemplary damages was proven, hence, nothing is awarded to her.
SO ORDERED.[7]
WHEREFORE, in the light of the foregoing, the decision of the Regional Trial Court of Siniloan, Laguna, Branch 33 dated August 12, 2002 is AFFIRMED with the MODIFICATION that the accused-appellant is ordered to pay the private complainant for each count of rape, the amount of P25,000.00 as exemplary damages in addition to the moral damages and civil indemnity awarded by the trial court.In a Resolution dated May 10, 2005, the Court accepted this case from the Court of Appeals and required the parties to simultaneously submit supplemental briefs if they so desired. Appellant, through counsel (Public Attorney's Office), submitted his supplemental brief on July 7, 2005, while appellee, through the Office of the Solicitor General, submitted its brief on August 9, 2005.
In accordance with A.M. No. 00-5-03-SC which took effect on October 15, 2004, amending Section 13, Rule 124 of the Revised Rules of Criminal Procedure, let the entire records of this case be elevated to the Supreme Court for review.[9]
Appellant contends that the trial court failed to observe the rules when an accused enters a plea of guilty to a capital offense. It failed to conduct a searching inquiry to determine whether appellant's plea of guilty was voluntary, with full comprehension of the consequences thereof, and to inquire whether appellant wished to present evidence on his own behalf.
- The Court of Appeals erred in affirming appellant's conviction of the crimes charged despite his improvident plea of guilty.
- The Court of Appeals erred in finding that appellant's guilt was proven beyond reasonable doubt.[10]
Sec. 3. Plea of guilty to capital offense; reception of evidence.--When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.People v. Aguilar[11] reiterated the guidelines prescribed by the Court in the conduct of a searching inquiry, thus:
(1) Ascertain from the accused himself (a) how he was brought into the custody of the law; (b) whether he had the assistance of a competent counsel during the custodial and preliminary investigations; and (c) under what conditions he was detained and interrogated during the investigations. This is intended to rule out the possibility that the accused has been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent quarters or simply because of the judge's intimidating robes.The Court notes that the trial court did not strictly observe the prescribed guidelines in conducting a searching inquiry when appellant entered a plea of guilty at his re-arraignment.
(2) Ask the defense counsel a series of questions as to whether he had conferred with, and completely explained to, the accused the meaning and consequences of a plea of guilty.
(3) Elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed plea of guilty.
(4) Inform the accused of the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. For not infrequently, an accused pleads guilty in the hope of a lenient treatment or upon bad advice or because of promises of the authorities or parties of a lighter penalty should he admit guilt or express remorse. It is the duty of the judge to ensure that the accused does not labor under these mistaken impressions because a plea of guilty carries with it not only the admission of authorship of the crime proper but also of the aggravating circumstances attending it, that increase punishment.
(5) Inquire if the accused knows the crime with which he is charged and to fully explain to him the elements of the crime which is the basis of his indictment. Failure of the court to do so would constitute a violation of his fundamental right to be informed of the precise nature of the accusation against him and a denial of his right to due process.
(6) All questions posed to the accused should be in a language known and understood by the latter.
(7) The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must be required to narrate the tragedy or reenact the crime or furnish its missing details.
The full text of the trial's court searching inquiry reads:
Interpreter : Criminal Cases Nos. S-5932, S-5933, S-5934 and S- 5935, People of the Philippines versus Luisito Baun, for `RAPE.' Atty. Gatdula: Appearing for the accused, your Honor. Your Honor, we are moving for the withdrawal of the previous plea of not guilty of the accused and to allow said accused to plead guilty to the crime of rape in all those 4 cases of rape. Accused:LUISITO BAUN, 37 years old, residing at Pag-asa, Mabitac, Laguna. QUESTION OF THE COURT: Q Mr. Baun you have just pleaded guilty in these four (4) counts of rape against your daughter [AAA], do you know the consequences of your pleading to those 4 counts of rape? A Yes, your Honor. Q With your plea of guilty you will be sentenced to life imprisonment, do you know that? A Yes, your Honor. Q With your entry of plea of guilty as far as these 4 cases are concerned do you enter voluntarily? A Yes, your Honor. Q Nobody forced you to plead guilty? A None, your Honor. Q You were informed before entering a plea of guilty of your rights that you have the right to enter plea of guilty to the offense? A Yes, your Honor. Q Do you understand that? A Yes, your Honor. Q Last question of the Court, do you still want to maintain your plea of guilty to these four (4) cases of rape filed by your daughter against you? A Yes, your Honor. Court: That is all. Prosecutor: We are just seeking justice, your Honor, we are waiving our right to claim damages.
The Court carefully reviewed the records of this case and found private complainant's straightforward narration of the rape incidents to be credible. Moreover, the medical certificate showed that private complainant's vaginal orifice "[a]dmits 1 finger with ease; with hymenal lacerations; old, healed, complete at 3 and 9 o'clock positions; incomplete at 4 and 8 o'clock positions," which corroborated her testimony that she was raped.While it may be argued that appellant entered an improvident plea of guilty when re-arraigned, we find no need, however, to remand a case to the lower court for further reception of evidence. As a rule, this Court has set aside convictions based on pleas of guilty in capital offenses because of improvidence thereof and when such plea is the sole basis of the condemnatory judgment. However, where the trial court receives evidence to determine precisely whether or not the accused has erred in admitting his guilt, the manner in which the plea of guilty is made (improvidently or not) loses legal significance, for the simple reason that the conviction is based on the evidence proving the commission by the accused of the offense charged.[14]
Article 266-B. Penalties.--Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.The concurrence of the minority of the victim and her relationship to the offender are special qualifying circumstances that are needed to be alleged in the complaint or information for the penalty of death to be decreed.[29] The Constitution guarantees to be inviolable the right of an accused to be informed of the nature and cause of the accusation against him.[30] It is a requirement that renders it essential for every element of the offense with which he is charged to be properly alleged in the complaint or information.[31]xxx xxx xxx
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
Sec. 2. In lieu of the death penalty, the following shall be imposed:Hence, the death penalty imposed on appellant is reduced to reclusion perpetua, without eligibility for parole.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code;x x x x
Sec. 3. Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.