G.R. Nos. 139413-15; March 20, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ENDRICO GALAS, accused-appellant.

FACTS

Endrico Galas was charged with three counts of rape committed against his 15-year-old daughter, Sharon Galas. Initially pleading not guilty to all charges, he later sought to change his plea to guilty for only one count (Criminal Case No. 0334, involving the incident on February 28, 1997). Upon re-arraignment, with the assistance of counsel, he entered a plea of guilty. The trial court, after receiving the testimony of the victim, convicted Galas of rape qualified by his relationship to the victim and imposed the death penalty. It dismissed the other two cases. The case is before the Supreme Court on automatic review.
The accused-appellant contends that his plea of guilty was improvident because the trial court failed to properly inform him that the death penalty remained imposable despite his plea. He also argues that the prosecution failed to conclusively prove the victim’s minority, a requisite for imposing the qualified rape penalty of death.

ISSUE

The primary issues are: (1) whether the accused-appellant’s plea of guilty was improvidently made, and (2) whether the prosecution sufficiently proved the qualifying circumstance of the victim’s minority to justify the imposition of the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court held that the plea of guilty was not improvident. The transcript shows the trial judge and the defense counsel extensively questioned Galas to ensure he understood the charge and the consequences of his plea, including the possibility of death. The plea was therefore knowing and voluntary.
However, the Court reduced the penalty from death to reclusion perpetua. The legal logic is that for the death penalty to be imposed under Article 266-B of the Revised Penal Code for rape committed by a parent, the victim’s minority (below 18 years) must be proven with certainty. Here, while the victim testified she was 15, and a certificate of live birth existed in the preliminary investigation records, this document was never formally offered in evidence during the trial. Under the rules of evidence, a document not formally offered has no evidentiary value. Consequently, the victim’s age was not proven with the required certitude. The crime is thus simple rape, punishable by reclusion perpetua. The Court modified the civil liabilities, awarding P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P20,000.00 as exemplary damages.