G.R. No. 137299 ; August 21, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO NANAS alias “IKOT”, accused-appellant.

FACTS

Accused-appellant Francisco Nanas was charged with rape with homicide for the death of Edna Fabello on April 25, 1994, in Miagao, Iloilo. The prosecution presented four witnesses. Bienvenido Beatisola testified that he was at a barangay dance, saw the victim, and later saw accused-appellant drinking nearby. After leaving the dance around midnight, while urinating in rice paddies, he heard a thud and saw a girl being beaten with a bamboo pole by two persons, one of whom he identified as accused-appellant by moonlight and flashlight. He saw accused-appellant hack the girl twice before fleeing. Primitivo Fabello, the victim’s father, testified that while searching for his missing daughter near the crime scene in the early morning, he encountered accused-appellant who claimed to be looking for his knife. When Primitivo found his daughter’s personal effects, accused-appellant became agitated and fled. Primitivo later found his daughter’s body in a canal. Police Officer Serafin Feronilmo responded, found the body and evidence (bloodstained bamboo pole, slippers, scabbard, etc.), and later questioned accused-appellant, who allegedly admitted owning the slippers found at the scene but denied the crime. Dr. Mary Joyce M. Faeldan conducted a post-mortem examination, finding the victim died from avulsion of parts of the brain and asphyxia secondary to a hack wound, with multiple stab and hack wounds, and lacerations in her genitalia indicating sexual intercourse. The accused-appellant denied the charges, claiming he was at the dance all night, left at 4:00 a.m., met Primitivo who only asked if he had seen Edna, and was later detained after policemen visited his house. He alleged Beatisola was a planted witness due to a past quarrel. The trial court found accused-appellant guilty beyond reasonable doubt and sentenced him to death.

ISSUE

Whether the trial court erred in convicting accused-appellant of rape with homicide based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of eyewitness Bienvenido Beatisola credible, straightforward, and consistent, and his identification of accused-appellant was positive and categorical. His delay in reporting the incident was sufficiently explained and did not impair his credibility. The testimony of Primitivo Fabello regarding accused-appellant’s presence and suspicious conduct near the crime scene shortly after the incident was credible and constituted circumstantial evidence of guilt. The medico-legal report, though the doctor was not qualified as an expert, was properly admitted as part of her testimony and corroborated the fact of rape and violent death. The defense of denial and alibi by accused-appellant was weak and could not prevail over the positive identification and circumstantial evidence. The Court held that the prosecution proved the accused-appellant’s guilt beyond reasonable doubt for the complex crime of rape with homicide. However, in line with prevailing jurisprudence, the Court modified the penalty from death to reclusion perpetua, as the requisite qualifying circumstances for the death penalty were not alleged in the information. The Court also affirmed the award of civil indemnity and moral damages to the victim’s heirs.