G.R. No. L-13976; April 29, 1961
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO Z. OBALDO, defendant-appellant.

FACTS

The body of twelve-year-old Marcela Garcia was discovered on December 24, 1957, inside an army duffel bag floating near Del Pan Bridge in Tonto. The bag was marked with the name “B. Obaldo” and other identifying details. The victim was last seen alive on December 22, 1957. An autopsy concluded she died from asphyxiation approximately a day and a half before the examination and that her hymen was lacerated. Appellant Bernardo Obaldo, a soldier, was apprehended. After initial denials, he executed a sworn statement confessing that on the evening of December 23, 1957, he saw the girl near a river outside Fort McKinley, was overcome by lust, and had sexual intercourse with her. He stated that after the act, the girl lost consciousness, and out of fear, he placed her body inside his duffel bag and left it by the riverbank.
The defense presented an alibi, claiming Obaldo was on duty. This was contradicted by military records showing he was absent without leave. A pass he presented as evidence bore altered dates, which the court found to be a fabrication justifying his flight to La Union upon hearing a radio broadcast about the discovery of the body.

ISSUE

The primary issue is whether the trial court correctly convicted the appellant of the complex crime of rape with murder and properly acquired jurisdiction over the rape charge.

RULING

The Supreme Court modified the trial court’s decision. The prosecution successfully proved the commission of both rape and murder. However, the Court ruled these were not constitutive of a single complex crime but two distinct offenses. The appellant’s own confession detailed the sequence: he committed rape and subsequently, when the victim was unconscious, placed her in the duffel bag, an act which led to her death by asphyxiation. These were separate acts producing different felonies.
Consequently, the trial court could not validly take cognizance of the rape charge. Under Article 344 of the Revised Penal Code, a complaint for rape must be filed by the offended party, or her parents, grandparents, or guardian. Since the victim was deceased and no such complaint was filed by her relatives for the rape, the court lacked jurisdiction over that specific offense. Therefore, the appellant could not be convicted of rape.
The Court affirmed his conviction for the crime of murder, qualified by the aggravating circumstances of the crime being committed in an uninhabited place (en despoblado) and with abuse of superior strength. The penalty was imposed in its maximum period. Due to insufficient votes for capital punishment, the death penalty was reduced to reclusion perpetua. The indemnity was increased to P6,000.00. The judgment was affirmed with the modification that the rape case is dismissed.