G.R. No. 137889 ; March 26, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO DELOS SANTOS, accused-appellant.

FACTS

Accused-appellant Romeo de los Santos was charged with multiple rape for sexually assaulting his 14-year-old daughter, Nenita. During trial, after the prosecution presented the examining physician and had begun Nenita’s testimony, the accused-appellant changed his plea from not guilty to guilty, provided the Information was amended to a single charge of rape. The trial court conducted a brief inquiry into the voluntariness of his plea, after which it allowed the amendment and accepted the guilty plea. The prosecution rested, and the accused presented no evidence. The trial court convicted him of rape and imposed the death penalty.

ISSUE

Whether the trial court erred in its acceptance of the guilty plea and in imposing the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The trial court’s searching inquiry into the voluntariness of the guilty plea, while brief, was deemed sufficient under the circumstances, as the accused-appellant, with counsel, affirmed his understanding of the consequences. However, the imposition of the death penalty was erroneous. For the death penalty to apply in rape cases under Republic Act No. 7659 , the victim’s minority must be proven with certainty, as required in People vs. Javier. Here, the prosecution failed to present independent proof, such as a birth certificate, to conclusively establish that Nenita was under eighteen years old at the time of the crime. The allegation of minority in the Information alone is insufficient. Consequently, the proper penalty is reclusion perpetua. The Court upheld the award of civil indemnity and additionally awarded moral damages to the victim.