364 Phil. 752; 98 OG No. 33, 4524 (August 19, 2002)
PER CURIAM:
"That at or about 10:00 o'clock in the morning of August 29, 1995 at 4th Street, Guingona Subdivision, Butuan City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused by force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with one Gerafil Cabatingan who is a minor, against her will and by reason or on the occasion of the rape still not satisfied kill Gerafil CabatinganUpon arraignment, the accused pleaded guilty to the crime charged, but the plea was disregarded as he was not assisted by a lawyer. The court appointed PAO Head Attorney Rogelio P. Dagani, as counsel de oficio and the accused pleaded not guilty upon re-arraignment. At the initial hearing, the lawyer of the accused manifested that the latter will withdraw his previous plea and change it to a plea of guilty. The court was informed by his lawyer that the accused was properly apprised of the legal consequences of his change of plea from not guilty to guilty, that his plea of guilty will not change the imposable penalty of death. The case was set for re-arraignment and after reading to him the information in the Cebuano dialect which the accused knows and understands, the court propounded questions to satisfy itself that the plea of guilty is voluntary and that he fully understood the consequences of his plea of guilty. He thereupon entered his plea of guilty to the offense charged.
CONTRARY TO LAW:"
1. Exh. "A" - Sworn statement of Luzviminda E. Villaro;Randy Cabatingan, twelve years old, half-brother of the victim, testified that at about 7:00 o'clock in the morning of August 29, 1995, he and his two sisters, Gerafil or Gigi and Jeline, were in their house at 4th Street, Guingona Subdivision, Butuan City. Their parents had already gone to work.[1] The accused Renante B. Robles, a.k.a. Titing, was then lying outside the house of the Cabatingan family. Gigi, five years old[2]was crying. Titing approached her and gave her P2.00, and brought her to the store where he bought some foodstuff for her. They went back to the house. Titing put Gigi on his lap and caressed her thighs. Titing gave Randy P5.00 to buy ice candy and cigarettes; when he returned, Titing asked him to buy "Kulafu" at Montilla Boulevard which was quite a distance away. On his way home Randy saw his father Edgar, who had returned from work and was looking for Gigi. Randy told his father that he left Gigi and Jeline in the house but his father countered that only Jeline is in the house. In their search for Gigi, Randy met Gigi's playmate, "Badoy" (Luzviminda Villaro), and asked her if she had seen Gigi. Badoy pointed to the direction of the Barangay Health Center where she last saw Gigi with Titing Robles. Randy saw Titing coming out from the back door of the Health Center wiping something on the walls and appeared to be sweating and bloodied. He hid behind the fence so that Titing would not see him, and when the latter had already gone, he went to the Center and tried to open the door. He heard what seemed to him the voice of his sister moaning in pain. With the help of his cousin Irwin, Randy opened the door of the Center, and together with his father Edgar and Titing, now wearing a pair of white shorts, went inside. There they saw Gigi with blood in the mouth, lying on the sink and she was soiled all over apparently unconscious, without her panty and with her legs full of blood.[3]
2. Exh. "B" - Sworn statement of Randy L. Cabatingan;
3. Exh. "C" - Sworn statement o Edgar Cabatingan;
4. Exh. "D" - Medical Certificate dated August 29, 1995 issued by Dr. Julie D. Lagare;
5. Exh. "E" - Medical Certificate subsequently issued by Dr. Julie D. Lagare indicating substantially the injuries sustained by the victim and the physician's findings for medico-legal purposes;
6. Exh. "F" - Sworn statement of Sheila L. Yañez; and
7. Exh. "G" - Certificate of Live Birth of the victim (Gigi).
The prosecution's evidence consisted of the following:
"Patient examined semi conscious, restless, less responsive to verbal command and in respiratory distress with the following vital signs;She testified that the victim suffered from multiple head and body injuries, and the genital organ was positive for spermatozoa. Cardio pulmonary arrest was the cause of death which occurred about four hours after Gigi's admission to the hospital. She stated that there was force applied that caused multiple head and body injuries.[8]
BP80/40 mm hg; - HR - 150 beats/min. - PR - 38 cycle/min.
Skin - Multiple contusions at the face, body and arm.
HEENT = (+) contusion at the right temporo-zygomatic area of the face, 4 x 3 cm. In size.
(+) two contusions at the chin, 1 x 1 cm. In size each.
(+) contusion at the right parietal area, 4 x 3 cm. In size with 0.7 cm. Length lacerated wound on top of it.
(+) small lacerated wound at the right pinna of the ear.
(+) blood at the mouth with laceration and contusion at the right upper inner lip and contusion at right lower inner lip.
Cardio-vascular; - Regular Rhythm, tachycardia.
Chest & Lungs; -- (+) contusion at the right anterior chest below the nipple; 4 x 3 cm. in size.
(+) contusion at the left anterior chest below the subcostal area, 4 x 4 cm. in size.
Extremities; -(+) contusion at the right arm 2 x 3 cm-in size.
Condition of the Patients; Cuddled by father, restless, semi-conscious and in respiratory distress
Back - (+) contusion at mid lumbar area, 4 x 4 cm. In size.
GIT - Anal orifice with 1 cm. Diameter and with mucosa slightly protruding
Internal Examination of the female genital organ.
(+) for blood at the perinium.
(+) laceration at the hymen at 3, 6, 9, o'clock position.
(+) laceration at the vaginal floor mucosa, 1st degree. Cervix essentially normal.
Vaginal Smear taken for presence of spermatozoa; Positive for sperm.
(Admitted) August 29, 1995 at 11:40 A.M.
Remarks : Patient died at 3:00 P.M. August 29, 1995 with diagnosis of Cardio Pulmonary Arrest. Consumated rape with multiple head and body injuries."[7]
"WHEREFORE, in the light of the foregoing findings of facts and law, and also on account of the plea of guilty knowingly and voluntarily made by the accused, the court finds accused Renante B. Robles guilty beyond reasonable doubt of the crime of rape with homicide under Art. 335, Revised Penal Code as amended by Sec. 11, R.A. No. 7659, thereby sentencing him to suffer the indivisible penalty of death. Further, accused Renante B. Robles is ordered to pay the heirs of Gerafil L. Cabatingan:The case is now under automatic review by this Court.Also to pay the cost.
- Actual damages in the amount of P60,000.00
- Moral damages in the amount of P50,000.00 and
- Death indemnity in the amount of P50,000.00.
Furthermore, the records of this case should be forwarded to the Supreme Court for review.
SO ORDERED."
"THE COURT A QUO ERRED IN FINDING THROUGH CIRCUMSTANTIAL EVIDENCE THAT THE ACCUSED HAD CARNAL KNOWLEDGE OF THE VICTIM BY USING FORCE OR INTIMIDATION AND BY REASON OR ON THE OCCASION OF THE RAPE, THE VICTIM WAS KILLED."The accused-appellant challenges the decision of the trial court and claims that the identity of the perpetrator of the crime was not conclusively established, as no one witnessed the events that transpired from the time the accused and the victim were seen going to the health center up to the time when the accused was seen coming out of it. Thus, it is contended that a reasonable doubt exists as to the identity of the perpetrator of this heinous crime and this doubt must be resolved in favor of the accused.
"1. While the victim Gigi was crying in the morning of August 29, 1995, appellant, who was then lying outside the Cabatingan residence, went inside the said house and approached Gigi and gave her P2.00. Then, Gigi went along with him to the store where he bought some foodstuffs for her;The evidence is more than sufficient to convincingly establish appellant's culpability beyond reasonable doubt. Circumstantial evidence may justify a conviction if the following requisites concur: (a) there is more than one circumstance; (b) the facts from which the inferences are derived are proven; and (c) the combination of all the circumstances is such as to produce the conviction beyond reasonable doubt.[9]
2. After they went back to the house, appellant put Gigi on his lap and caressed her thighs;
3. Appellant and Gigi were seen walking towards the back of the barangay health center;
4. Appellant and Gigi were seen at the barangay health center;
5. Gigi's brother saw appellant come out of the back door of the health center, wiping something on the walls, and appearing to be sweating and bloodied on his right thigh;
6. Sheila Yañez, who saw appellant and Gigi walking towards the barangay health Center, heard a voice of a minor as if being beaten, coming from the direction of the barangay health center;
7. A voice moaning in pain which sounded to be that of his younger sister Gigi was heard by Randy Cabatingan coming from the health center.
8. When the health center was opened, Gigi was found inside with a bloodied mouth, lying on the sink, soiled all over, appearing to be unconscious, without her panty and with her legs full of blood;
9. Gigi was diagnosed to have suffered multiple head and body injuries resulting from a consummated rape, and the cause of her death was cardio-pulmonary arrest. Her genital organ was positive for spermatozoa;
10. Gigi died at 3:00 o'clock in the afternoon of the same date August 29, 1995."
"Art. 335 When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances:When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death."
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.