446 Phil. 181
CALLEJO, SR., J.:
According to Dr. Ortiz, the lacerated wounds sustained by AAA from the posterior wall of her vagina to her anus and from her vagina to the mons pubis were caused by a blunt instrument shoved violently into her vagina.[5] Such an instrument could be a penis. The doctor also signed the Certificate of Death of AAA.[6]F I N D I N G SUSE OF DEATH:
- Wound, lacerated, 3.5 cm. long, running downward from posterior vaginal wall to the anus.
- Wound, lacerated, 2 cm. long, running upward from the vagina to mons pubis.
- Contusion, purplish in color, 5.0 cm. in diameter lateral side of lumbar area, left, below the costal margin.
- Presence of blood clots, left ear.
Cardio-Respiratory Arrest
2ndary to severe hemorrhage[4]
That on or about the 13th day of May, 1995, at about 7:00 o’clock in the evening, at Sitio Mactang, Barangay Ilo, Municipality of Sto. Niño, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge against a minor four (4) years old girl, AAA, without the latter’s consent and against her will, and thereafter, with deliberate intent to kill, did then and there wilfully, unlawfully and feloniously inflict upon the said AAA fatal wounds on the different parts of her body, which caused her untimely death.On the date set for his arraignment, Roberto appeared without counsel. The court issued an order appointing Atty. Artemio Apostol as counsel de oficio of Roberto.[9] Said counsel prayed for the resetting of the arraignment to January 30, 1996 to enable him to secure a copy of the necropsy report and study the case intelligently. The court granted the motion.
CONTRARY TO LAW.[8]
WHEREFORE, the Court, accepting the plea of guilt of the accused ROBERTO OSTIA alias ROBERT to the crime of Murder, and likewise considering that the evidence has sufficiently proved that the crime has been committed, finds and declares the said accused guilty of Murder beyond reasonable doubt[s], as principal, and considering three aggravating circumstances which are not offset by any mitigating circumstances, hereby sentences the accused to suffer the penalty of DEATH, to be carried out in accordance with law, and to pay the costs.The case was brought to the Court on automatic appeal the death penalty having been imposed on Roberto by the trial court.
Likewise, the Court hereby condemns the accused to indemnify the heirs of the victim AAA in the amount of P50,000.00.
Let the entire records of the case, together with the stenographic transcripts and exhibits be forwarded to the honorable Supreme Court for automatic review of this decision.
SO ORDERED.[16]
On the first assignment of error, accused-appellant avers that the trial court failed to comply with its mandatory duties when he pleaded guilty to murder, a capital offense, the imposable penalty for which is reclusion perpetua to death. More specifically, the trial court allegedly failed to comply with Section 3, Rule 116 of the Rules of Court when it failed to conduct a searching inquiry into the voluntariness and full comprehension of accused-appellant of the consequences of his plea of guilty to murder and to inquire from him if he wished to adduce evidence on his behalf and allow him to do so if he wished. Accused-appellant contends that his plea of guilty to murder was improvidently made and prays that his arraignment for murder and all proceedings as well as the decision of the trial court convicting him of said crime and imposing on him the supreme penalty of death be nullified. He further prays for the remand of the case to the trial court for appropriate proceedings. For its part, the Office of the Solicitor General asserts that as gleaned from the decision of the trial court, it complied with fealty with the mandatory requirements of Section 3, Rule 116 of the 1985 Rules of Criminal Procedure, as amended. The OSG quotes the following portion of the trial court’s decision:I
THE COURT A QUO GRAVELY ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME OF MURDER DESPITE HIS IMPROVIDENT PLEA OF GUILTY.II
THE COURT A QUO ERRED IN RULING THAT EVIDENT PREMEDITATION QUALIFIED THE KILLING TO MURDER.III
ON THE ASSUMPTION THAT ACCUSED-APPELLANT COMMITTED THE CRIME MURDER (SIC) THE COURT A QUO ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH UPON HIM.[17]
This Court agrees with accused-appellant. Section 3, Rule 116 of the Rules of Court cited by accused-appellant reads:x x x On May 19, 1997, the accused was re-arraigned upon the information. He was assisted by his counsel and the information was read and translated to him in the waray dialect which he claims he understands and speaks. After thus reading and translating the information to him in the waray dialect, the accused entered a plea of guilt to murder.Appellant’s claimed absence of an inquiry by the trial court as to his interest to present evidence is of no moment.[18]
The Public Prosecutor, Hon. Feliciano Aguilar, gave his consent to this plea of guilt of the accused to murder, manifesting again to the Court that he has no direct evidence to establish rape. The complainant, Ponciano Onato who is the father of the victim AAA, after conferring with the Public Prosecutor, also gave his consent to this plea of the accused to the lesser offense of murder. The Court conducted searching and clarificatory questions to the accused to determine whether the latter understood his plea of guilt as well as realized the consequences thereof. He was informed by the Court that as a result of his plea of guilt, he admitted all the facts alleged in the information which were already read and translated to him in the waray dialect during the re-arraignment; that the Court will no longer conduct any trial but would just impose upon him the penalty that is proper under the law; that the penalty provided for murder, a heinous crime under Article 248 of the Revised Penal Code as amended by Republic Act No. 7659 is Reclusion Perpetua to death, and that either of these two indivisible penalties may be imposed upon him depending upon the circumstances which may ultimately be appreciated by the Court (see TSN dated May 19, 1997, pages 1-3; 4-5).
He was asked whether he was earnest and sincere in his plea of guilt to murder, and he answered the Court in the affirmative. Furthermore, the Court asked him whether he was threatened, forced, coerced by anybody or somebody suggested to him to plea guilty to murder but he answered that he was not, and that his plea was all his own free will and volition. (see TSN dated May 22, 1997, pages 1-4).
The accused was asked by the Court how he killed the victim and he stated that he used a piece of rock about the size of his fist which was measured to have an approximate diameter of four inches and elongated in shape about seven inches long which he smashed on the victim, whereby he hit the victim on the chest, on the head, as well as other parts of her body.
Although after conducting searching and clarificatory questions as anteriorly already mentioned, the Court was without doubts that the accused was not improvident in his plea of guilt to murder and that he realized the consequences thereof, consistent with the rules and considering the fact that the crime of murder to which the accused pleaded guilty is a capital offense, the Court required the prosecution to present its evidence. Aside from the testimony of Dr. Renato M. Ortiz, M.D., the prosecution presented Ponciano Onato, the father of the victim, and Rufo Legape who is a Barangay Kagawd (sic) of Brgy. Ilo, Sto. Nino, Samar.(pp. 2-5, Decision)
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 require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf.The rule applies only where the accused pleads guilty to a capital offense charged in the Information or complaint or amended Information or complaint. Section 4 of Rule 114 of the said rules defines a capital offense as that which under the law existing at the time of its commission may be punished with death. Irrefragably, murder punishable by reclusion perpetua to death is a capital offense because, with the presence of aggravating circumstances absent any mitigating circumstance, the death penalty may be imposed conformably with Article 63 of the Revised Penal Code. Under the Information, accused-appellant was charged with murder qualified by treachery. Although the Information does not specifically allege treachery as a qualifying circumstance in the commission of the crime, however, the Information alleges that the victim AAA was four years old at the time of the killing. Such allegation is sufficient compliance with Section 6, Rule 110 of the Revised Rules of Criminal Procedure, as amended. Case law has it that killing a child by an adult constitutes treachery even if the mode of attack by the assailant is not proved by the prosecution because a child of tender years could not be expected to put up a defense and hence, at the mercy of his or her assailant.[19]
x x x (1) conduct a searching inquiry into the voluntariness of the plea and the accused’s full comprehension of the consequences thereof; (2) require the prosecution to present evidence to prove the guilt of the accused and the precise degree of his culpability; and (3) ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires. x x x[20]The procedure in said rule is mandatory and a judge who fails to observe with fealty the said rule commits grave abuse of discretion.[21] This Court had cautioned trial judges to proceed with meticulous care whenever the imposable penalty for the crime charged is death:
x x x The execution of a death sentence is irrevocable and experience has shown that innocent persons have, at times, pleaded guilty. In capital offenses, the essence of judicial review is anchored on the principle that while society allows violent retribution for heinous crimes committed against it, it always must make certain that the blood of the innocent is not spilled, or that the guilty are not made to suffer more than their just measure of punishment and retribution. The prudent course to follow is to take testimony not only to satisfy the trial judge but also to aid the Supreme Court in determining whether the accused understood the significance and consequences of his plea. This is to preclude any room for reasonable doubt in the mind of the trial court, or this Court on review, as to the possibility that there might have been some misunderstanding by the accused of the nature of the charge to which he pleaded guilty, and to ascertain the circumstances attendant to the commission of the crime which justify or require the exercise of a greater or lesser degree of severity in the imposition of the prescribed penalties.[22]This Court likewise outlined the duties of the trial court in conducting searching questions, thus:
x x x What is essential is that the judge should, first of all, consider the age, personality, educational background, socio-economic status and other personal circumstances of the accused confessing his guilt. The trial judge should determine whether the accused had been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent or avenging quarters, or by mistaken impressions given, wittingly or unwittingly, by authorities or parties; whether the accused had the assistance of competent counsel during the custodial and preliminary investigations; and whether he understood the charges against him. The court should inquire if the accused knows the crime with which he is charged and explain to him the elements of the crime and the corresponding penalty therefor. The court may require the accused to fully narrate the incident that spawned the charges against him, or make him reenact the manner in which he perpetrated the crime, or cause him to furnish and explain missing details of significance about his personal circumstances, about the commission of the crime and events during the custodial and preliminary investigation. In doing so, all questions posed by the judge to the accused should be in a language known and understood by the latter. Still, the inquiry need not stop with the accused. The court may also propound questions to accused’s counsel to determine whether or not said counsel had conferred with, and completely explained to accused the meaning of a plea and its consequences. x x x[23]The trial court is also required to probe thoroughly into the reasons as well as the facts and circumstances for the change of plea of the accused and his comprehension of his plea; explain to him the elements of the crime for which he is charged as well as the nature and effect of qualifying circumstances, generic aggravating circumstances and mitigating circumstances in the commission thereof; and inform him of the imposable penalty and his civil liabilities for the crime for which he would plead guilty to.
To be sure, accused-appellant did not only give an informed plea of guilt. His guilt was proved by the evidence presented by the prosecution. In People vs. Derilo we held:On the second assignment of error, the trial court convicted accused-appellant of murder on its finding that the killing of AAA was qualified by evident premeditation. While we agree with the ruling of the trial court that accused-appellant is guilty of murder, however, the appropriate qualifying circumstance in the commission of the crime is treachery, not evident premeditation. Treachery was alleged in the Information and duly proved. On the other hand, evident premeditation was not alleged in the Information. An accused cannot be convicted of murder where a qualified circumstance is not alleged in the Information, otherwise the accused would be deprived of his right to be informed of the nature of the offense with which he is charged. In People v. Gallarde,[29] we held that:‘While it may be argued that appellant entered an improvident plea of guilty when re-arraigned, we find no need, however, to remand the 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 on which the plea of guilty is made (improvidently or not) loses legal significance, for the simple reason that the conviction is based on evidence proving the commission by the accused of the offense charged.In People vs. Tahop we also ruled that ‘even if [the] accused[‘s] x x x plea was improvidently made, if the evidence presented thereafter by the prosecution is sufficient to prove his guilt beyond reasonable doubt, the court’s verdict of guilt based solely on the hard evidence presented can be sustained. At this point then, the improvidence of the plea of guilt is irrelevant.’[28]
‘Thus, even without considering the plea of guilty of appellant, he may still be convicted if there is adequate evidence on record on which to predicate his conviction. As already observed, the prosecution had already rested when appellant decided to change his plea. The prosecution then had all the opportunity to verify the material allegations in the information . . . (Italics supplied).
x x x In rape with homicide, in order to be convicted of murder in case the evidence fails to support the charge of rape, the qualifying circumstance must be sufficiently alleged and proved. Otherwise, it would be a denial of the right of the accused to be informed of the nature of the offense with which he is charged. It is fundamental that every element of the offense must be alleged in the complaint or information. The main purpose of requiring the various elements of a crime to be set out in an information is to enable the accused to suitably prepare his defense. He is presumed to have no independent knowledge of the facts that constitute the offense.Moreover, evident premeditation was not proved by the prosecution. There is no evidence to prove when accused-appellant decided to kill AAA and that he clung to his determination to kill her and a sufficient lapse of time between his determination and the actual killing of AAA.[30]
In the absence then in the information of an allegation of any qualifying circumstance, GALLARDE cannot be convicted of murder. An accused cannot be convicted of an offense higher than that with which he is charged in the complaint or information under which he is tried. It matters not how conclusive and convincing the evidence of guilt may be, but an accused cannot be convicted of any offense, unless it is charged in the complaint or information for which he is tried, or is necessarily included in that which is charged. He has a right to be informed of the nature of the offense with which he is charged before he is put on trial. To convict an accused of a higher offense than that charged in the complaint or information under which he is tried would be an unauthorized denial of that right.