GR 177742; (December, 2008) (Digest)
G.R. No. 177742 December 17, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSELITO A. LOPIT, accused-appellant.
FACTS
Accused-appellant Joselito A. Lopit was charged with three counts of rape committed against his 14-year-old daughter, AAA, on September 5, 7, and 9, 2003. During pre-trial, accused-appellant, assisted by counsel, manifested his desire to plea-bargain. He pleaded guilty to one count of rape (Criminal Case No. 85-2003) on the condition that the other two charges be withdrawn, to which the victim and the prosecution agreed. The trial court conducted a searching inquiry into the voluntariness of his plea. After receiving evidence from both the prosecution and the defense, the Regional Trial Court found accused-appellant guilty of qualified rape and imposed the death penalty. The case was elevated to the Supreme Court for automatic review and was subsequently transferred to the Court of Appeals. The CA affirmed the conviction but modified the damages. The case was then elevated to the Supreme Court for final review.
ISSUE
Whether the trial court erred in imposing the death penalty upon accused-appellant who pleaded guilty to rape.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found that the trial court complied with the procedural requirements for a plea of guilty to a capital offense under Rule 116 of the Rules of Criminal Procedure by conducting a searching inquiry and requiring the prosecution to present evidence. However, the Court ruled that the death penalty could not be imposed because the qualifying circumstance of minority (the victim being under 18 years of age) was not alleged with specificity in the Information. The Information stated the victim was “a minor, fourteen (14) years of age” but did not explicitly state she was under 18. Consequently, accused-appellant could only be convicted of simple rape, punishable by reclusion perpetua. The Court affirmed the awards of civil indemnity and moral damages but reduced them to P50,000.00 each, and sustained the exemplary damages of P25,000.00.