G.R. No. 140758; July 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO GERON, accused-appellant.

FACTS

The case involves the automatic review of the death penalty imposed by the Regional Trial Court of Caloocan City on Romeo Geron for the rape of his daughter, Emily Geron. The Information alleged that in July 1996, Geron repeatedly had sexual intercourse with Emily, a 15-year-old minor, against her will. Initially pleading not guilty, Geron was re-arraigned and voluntarily entered a plea of guilty, confirming his understanding of its consequences, including the possibility of the death penalty. He admitted to the rape, stating Emily resembled her deceased mother, and expressed remorse.
The prosecution presented Emily’s testimony detailing the rape, which occurred while she was asleep. She resisted but was overpowered. The assaults continued until she became pregnant. Her pregnancy was later discovered by her grandmother, leading to a report to authorities. Medical examination confirmed signs of pregnancy consistent with the alleged timeline. The trial court convicted Geron and sentenced him to death, ordering him to pay damages.

ISSUE

Whether the trial court erred in convicting the accused-appellant of rape and imposing the death penalty despite his plea of guilty and the alleged insufficiency of evidence to prove the qualifying circumstances of minority and relationship beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court held that the plea of guilty was entered freely, voluntarily, and with full awareness of its consequences, as established by Geron’s own testimony. This judicial confession, coupled with Emily’s candid and straightforward testimony, sufficiently established the fact of rape. The Court found no merit in the claim of an improvident plea.
However, the Court reduced the penalty from death to reclusion perpetua. For the death penalty to be imposed under Republic Act No. 7659 for rape, the twin circumstances of minority (that the victim is under 18) and relationship (that the offender is a parent) must be alleged in the information and proven beyond reasonable doubt. While relationship was admitted by Geron, the prosecution failed to prove Emily’s minority with the requisite certainty. Her birth certificate was not presented. The secondary evidence, a birth certificate of her child which listed her age, was deemed insufficient as it was based on her own declaration. Geron’s affirmative answers to leading questions on cross-examination about her age were also inadequate to constitute proof beyond reasonable doubt. Consequently, the qualifying circumstance of minority was not established. The civil indemnity was accordingly reduced from P75,000 to P50,000, with an additional P50,000 in moral damages awarded.