Title
People vs. Aguilar
Case
G.R. No. 172868
Decision Date
Mar 14, 2008
Father convicted of raping minor daughter; death penalty reduced to life imprisonment under RA 9346 due to procedural lapse but upheld on evidence.

Case Summary (G.R. No. 172868)

Factual Background

The victim, AAA, was the daughter of appellant and his wife, BBB. AAA was born on January 22, 1989, making her fourteen years old on May 4, 2003. At the time of the offense, BBB was working in Pakistan, and she left the care and custody of their three children to appellant.

Around 2:00 o’clock in the morning of May 4, 2003, AAA was sleeping with her younger sister CCC in their house in Purok 6, Tuktukan, Taguig. AAA testified that she was roused from sleep because she felt someone undressing her. She recognized appellant as he removed her short pants and then undressed himself. Appellant then lay atop her, inserted his penis in her vagina, and executed a pushing and pulling motion for several minutes. AAA further narrated that the noise awakened CCC, who, out of fear, pretended to be asleep while ensuring she witnessed what transpired.

Later that day, the siblings’ aunt, DDD, the sister of BBB, visited the house. CCC immediately reported to DDD what she saw. AAA confirmed the report to DDD. After consulting with her husband, DDD and AAA proceeded to the Taguig Police Station and filed a complaint against appellant.

At the Philippine National Police Laboratory examination, medico-legal findings were reported by Medico-legal Officer Paul Ed C. Ortiz. The findings stated that the hymen showed “shallow healed lacerations at 2, 3, 6 & 9 o’clock” and “a deep healed laceration at 11 o’clock position,” and the conclusion read that the subject was in a “non-virgin state physically,” with “no external signs of application of any form of trauma.”

Plea of Guilty and Searching Inquiry in the Trial Court

On the scheduled arraignment date of June 23, 2003, appellant’s counsel de oficio informed the trial court that appellant intended to plead guilty. To give appellant time to reflect, the trial court postponed arraignment to July 6, 2003 and later to July 21, 2003. When appellant was arraigned on July 21, 2003, he pleaded guilty to the charge. The trial court conducted a searching inquiry aimed at determining the voluntariness of the plea and appellant’s full comprehension of its consequences. After the trial court was satisfied that the plea was voluntary and fully understood, it directed the prosecution to present evidence “to prove the guilt of [appellant] and [the] exact degree of culpability.”

The prosecution presented the testimony of AAA, CCC, and DDD. After the prosecution rested, when the trial court asked appellant, “What can you say, are you going to testify,” appellant answered in the negative, thereby choosing not to present evidence for the defense.

By decision dated October 10, 2003, the Regional Trial Court convicted appellant of Qualified Rape and imposed the death penalty, with awards to the offended party of P50,000.00 as moral damages, P50,000.00 as civil indemnity, and P25,000.00 as exemplary damages.

Intermediate Appellate Review and the Issue Raised

The case was elevated for automatic review. Appellant, in challenging the conviction, asserted a single ground: that the trial court failed to comply with Section 3, Rule 116 of the Rules of Court in relation to the required procedure when an accused pleads guilty to a capital offense. Following People v. Mateo, the Court transferred the matter for intermediate review to the Court of Appeals.

On August 31, 2005, the Court of Appeals affirmed the conviction but modified the damages by increasing the civil indemnity. It sustained appellant’s guilt beyond reasonable doubt based on the evidence presented by the prosecution and adjusted the civil indemnity to P75,000.00 while leaving intact the imposed penalty of death. Thereafter, the case returned to the Supreme Court.

The Supreme Court’s Examination of the Searching Inquiry

In evaluating the trial court’s compliance with Section 3, Rule 116, the Court reiterated that the provision requires a searching inquiry to safeguard the accused’s rights. The Court also recited multiple guidelines on how such an inquiry should proceed, including inquiries into how the accused was brought into custody and whether he was assisted by competent counsel during custodial or preliminary investigations; whether the accused was detained or interrogated under conditions that could suggest coercion; questions to defense counsel regarding the explanation of the meaning and consequences of a plea of guilty; elicitation of basic personality profile information that could index the accused’s capacity to give a free and informed plea; informing the accused of the nature and exact length of the penalty; inquiry into whether the accused knew the crime charged and a full explanation of the elements of the crime; ensuring use of a language known by the accused; and requiring the judge to satisfy himself that the accused was truly guilty, with the accused required to narrate or reenact the crime and supply missing details.

The trial court’s transcript showed that it questioned appellant in a manner that elicited some information. Appellant affirmed that he admitted responsibility to the charge and that he understood the nature of the penalty’s lethality or life imprisonment depending on testimony. He answered that he pleaded guilty because he had “done it” and expressed concern for his wife and the expenses of the case. He stated his age as forty-five and his educational attainment as first year high school. He admitted that he knew that AAA was fifteen and he expressed remorse and stated he was willing to be punished.

The Court held, however, that the trial court failed to fully observe the enumerated guidelines. Notwithstanding this lapse, the Court sustained appellant’s conviction. The Court made clear that the conviction could not rest on the plea of guilty alone; it rested instead on the evidence adduced by the prosecution, which appellant chose not to rebut.

The Prosecution Evidence and Appellant’s Failure to Rebut

The Court found AAA’s testimony, corroborated by CCC, sufficient to prove guilt beyond reasonable doubt. AAA testified that the rape happened on May 4, 2003, at their residence in Purok 6, Tuktukan, Taguig, around two o’clock in the morning, while AAA was sleeping and CCC was beside her. She narrated that appellant removed her short pants and undressed himself, then placed himself atop her and inserted his organ into her vagina. She described the act using local terms, stated that the pushing and pulling lasted about three minutes, and testified that it was painful.

AAA also testified to resistance and fear. She stated that she attempted to push appellant away, but he was strong. She further testified that appellant told her not to make noise because someone might hear them, and she stated that she was afraid because appellant threatened to kill her if she shouted or resisted. AAA also testified that appellant had a knife and that he could stab her anytime; she claimed she saw the knife at the time he last used it and that he pointed it at her. The trial court noted that AAA was crying while narrating her account.

The Court emphasized that appellant, during the searching inquiry, answered that he pleaded guilty because “Dah il ginawa ko po kase talaga,” and after the prosecution rested, he declined to present any evidence. The Court therefore held that appellant’s conviction should b

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