Robbery With Rape: Aggravating Circumstances Must Be Alleged; Late Guilty Plea Not Mitigating

The Supreme Court's decision in People v. Carpio y Natividad (G.R. No. 150083, May 27, 2004, 473 Phil. 747) shows that in heinous crimes, how the accused is charged matters as much as what the evidence proves. A trial court cannot impose the death penalty based on aggravating circumstances that were never alleged in the information, even if the facts suggest them. Likewise, a guilty plea entered only after the prosecution has rested does not automatically earn the accused a lighter penalty.

The Facts

Around 5:00 a.m. on June 26, 1999, Leonila Zabala was asleep with her 12-year-old daughter, Eldee Grace, in their bedroom in Zamboanga City. Leonila woke up to the sound of a wallet being opened and saw Henry Carpio sitting on the floor. Carpio pointed a knife at her and then at Eldee Grace, warned them not to shout, and tied and blindfolded both.

Carpio then raped Eldee Grace. After the assault, he ransacked the room and left through the jalousie window, taking a revolver, jewelry, wristwatches, cash, and a car stereo. The girl was brought to a hospital, where a physician found fresh hymenal lacerations and spermatozoa.

Carpio and his cousin, Jonie Molina, were charged with robbery with rape. Both initially pleaded not guilty. After the prosecution had rested its case, Carpio withdrew his plea and entered a guilty plea. The trial court conducted a searching inquiry, found him guilty, and sentenced him to death. The