G.R. No. 137889 - PEOPLE OF THE PHILIPPINES, VS. ROMEO DELOS SANTOS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly presented as its first witness Dr. Felma Caybot, the physician who examined the victim. Dr. Caybot testified, among other things that: (1) she was able to insert her two fingers in Nenita's private part with minimal resistance and there was not even a change in the facial expression of the patient, and (2) in the examination of the hymen of the patient, she found healed lacerations at 6 o'clock and 3 o'clock positions (tsn, p. 3, July 7, 1998). The prosecution then called Nenita as its next witness. Nenita had barely started her narration of the incidents when accused-appellant manifested in court that he was changing his plea from "not guilty" to "guilty" provided the Information is amended to a single charge of rape. The trial court put accused-appellant on the witness stand, and after seemingly satisfying itself that accused-appellant understood the full consequences of his plea of guilty, the court a quo allowed the amendment of the Information to one charge of rape and changed accused-appellant's plea of "not guilty" to "guilty". Nenita continued with her testimony; after which, the prosecution rested its case. When it was accused-appellant's turn to present his evidence, he manifested to the court that he had no evidence to present. On February 10, 1999, the court a quo convicted accused-appellant of the crime of rape and imposed on him the supreme penalty of death, thusly: WHEREFORE, the Court finds accused ROMEO DELOS SANTOS, GUILTY beyond reasonable doubt as principal of the crime of RAPE as defined and penalized under Article 335 of the Revised Penal Code as amended by R.A. No. 7659, Sec. 11 thereof and hereby imposes upon the accused Romeo delos Santos the penalty of DEATH; to pay the victim Nenita delos Santos civil indemnity in the amount of FIFTY THOUSAND (P50,000.00) PESOS and the costs. The death penalty having been imposed by this Court, let the records of the case together with the transcript of stenographic notes be transmitted to the Supreme Court by way of an automatic review pursuant to Article 47 of the Revised Penal Code, as amended by Section 22 of Republic Act No. 7659. SO ORDERED.