G.R. No. 147750 ; September 29, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. GERRY EBIO Y HERMIDA, appellant.

FACTS

Appellant Gerry Ebio was charged with the qualified rape of his 11-year-old daughter, Dory Ebio. The Information alleged that on April 21, 2000, in Juban, Sorsogon, the appellant, through force, intimidation, and moral ascendancy, had carnal knowledge of his daughter against her will. Initially pleading not guilty, the appellant later withdrew this plea and entered a plea of guilty. The trial court, after conducting a searching inquiry to ensure the plea was voluntary and intelligent, accepted the plea. The prosecution presented evidence, including the victim’s testimony detailing the assault, medical findings consistent with sexual abuse, and the victim’s birth certificate proving her minority. The Regional Trial Court convicted the appellant of qualified rape and imposed the death penalty.
A prior Decision by the Supreme Court dated October 14, 2002, affirming the conviction, was recalled. The Public Attorney’s Office successfully moved for reconsideration, arguing the Court lacked a quorum when only seven Justices signed the Decision. The Court, in a Resolution, acknowledged the constitutional ambiguity regarding the en banc quorum for a 14-member Court and, resolving the doubt in favor of the accused in a capital case, ordered re-deliberation. The present decision is the result of that re-deliberation.

ISSUE

The core issue is whether the appellant’s conviction for qualified rape and the imposition of the death penalty are proper.

RULING

Yes, the conviction and penalty are affirmed. The Court meticulously examined the records from the re-deliberation. A plea of guilty to a capital offense requires the trial court to conduct a searching inquiry into the voluntariness and full comprehension of the plea by the accused. The trial court complied with this duty, ensuring the appellant understood the charge and its grave consequences. The plea, therefore, was validly entered.
Furthermore, the prosecution presented proof beyond reasonable doubt to sustain the conviction independently of the plea. The victim’s candid and consistent testimony, corroborated by medical evidence, established all the elements of qualified rape. The birth certificate conclusively proved the victim was under twelve years old. The qualifying circumstances of minority and relationship were duly alleged in the Information and proven during trial. Under Article 266-B of the Revised Penal Code, as amended by R.A. No. 8353 , when rape is committed against a child under eighteen by a parent, the penalty is death. The Court found no reason to overturn the factual findings of the trial court. The award of civil indemnity, moral damages, and exemplary damages is also sustained. The decision imposing the death penalty is therefore affirmed.