GR 147750; (October, 2002) (Digest)
G.R. No. 147750; October 14, 2002
People of the Philippines, plaintiff-appellee, vs. Gerry Ebio y Hermida, accused-appellant.
FACTS
The appellant, Gerry Ebio, was charged with the statutory rape of his 11-year-old daughter, Dory Ebio, on April 21, 2000, in Juban, Sorsogon. The Information alleged the crime was committed with force, intimidation, and by taking advantage of his moral ascendancy and her tender age, aggravated by their father-daughter relationship. Upon arraignment, the appellant initially pled not guilty but later changed his plea to guilty. The trial court conducted an inquiry into the voluntariness of his plea. The prosecution presented evidence, including the victim’s testimony detailing the rape, the testimony of a cousin (Leonisa Ebio) who witnessed the act, the medical findings of Dr. Erlinda Olondriz-Orense showing healed hymenal lacerations, and the testimony of the victim’s mother (Cristina Ebio). The defense presented no evidence. The Regional Trial Court found the appellant guilty of qualified rape and sentenced him to death, ordering him to pay civil indemnity and moral damages. The case is under automatic review.
ISSUE
Whether the trial court gravely erred in convicting the accused-appellant despite his alleged improvident plea of guilty.
RULING
The Supreme Court affirmed the judgment of conviction. The Court held that the appellant’s conviction was based not merely on his plea of guilty but on the prosecution’s evidence, which proved his guilt beyond reasonable doubt. The prosecution evidence established all the elements of rape: carnal knowledge through force or intimidation, and the victim’s minority (11 years old) and relationship to the appellant as his daughter, which qualified the crime warranting the death penalty. The victim’s credible testimony, corroborated by an eyewitness and medical findings, was sufficient for conviction. The Court also modified the damages, affirming the awards of P75,000.00 as civil indemnity and P50,000.00 as moral damages, and adding P25,000.00 as exemplary damages. The death penalty was affirmed, and the records were ordered forwarded to the Office of the President for possible executive clemency.