GR 150083; (May, 2004) (Digest)
G.R. No. 150083. May 27, 2004.
PEOPLE OF THE PHILIPPINES, Appellee, vs. HENRY CARPIO y NATIVIDAD and JUNIE MOLINA y NATIVIDAD (Acquitted), Appellants.
FACTS
On June 26, 1999, appellant Henry Carpio entered the bedroom of Leonila Zabala and her 12-year-old daughter, Eldie Grace, by removing jalousie blades from the window. At knifepoint, he hogtied and blindfolded Leonila. He then tied Eldie Grace, threatened her with death, removed her clothing, and raped her. Afterward, he ransacked the room, stealing a revolver, jewelry, a car stereo, and cash before escaping. The victims freed themselves and reported the crime. Medical examination confirmed fresh hymenal lacerations and the presence of spermatozoa in Eldie Grace. Appellant was later apprehended, and stolen items, including the revolver and pawnshop receipts for the jewelry, were recovered from him. After the prosecution rested, appellant withdrew his not guilty plea and entered a plea of guilty. The trial court convicted him of robbery with rape and imposed the death penalty.
ISSUE
Whether the trial court correctly convicted appellant of robbery with rape but erred in imposing the death penalty.
RULING
Yes, the conviction was proper, but the penalty was modified. The Supreme Court affirmed the finding of guilt for robbery with rape under Article 294(2) of the Revised Penal Code. Appellant’s plea of guilty, made after a searching inquiry by the trial court to ensure its voluntariness and comprehension, was a judicial confession that corroborated the strong evidence against him, including the victims’ positive identification and the recovered stolen items. However, the Court reduced the penalty from death to reclusion perpetua. The crime was committed in 1999, prior to the effectivity of Republic Act No. 7659, which prescribed the death penalty for robbery with rape. At the time of the offense, the applicable law was Article 294(2), which prescribed reclusion perpetua to death as a complex penalty. The presence of aggravating circumstances like dwelling, nighttime, and unlawful entry would have justified the death penalty under the old rules. However, with the enactment of the 2000 Revised Rules of Criminal Procedure, which took effect on December 1, 2000, aggravating circumstances must now be alleged in the information to be considered for penalty imposition. Since the information in this case did not specifically allege these aggravating circumstances, they could not be used to qualify the crime or justify the supreme penalty. Consequently, with no aggravating circumstances duly alleged, the proper penalty is reclusion perpetua. The Court also modified the awards of damages in accordance with prevailing jurisprudence.