GR 172326; (January, 2009) (Digest)
G.R. No. 172326 January 19, 2009
People of the Philippines, Plaintiff vs. Alfredo Pascual y Ildefonso, Accused-Appellant.
FACTS
The accused-appellant, Alfredo Pascual, was charged with Rape with Homicide and Robbery. The incident occurred on December 25, 2000, in Mandaluyong City. The victim, Lorelyn Pacubas, was found dead, nearly naked, on the floor of her room on the second floor of a house where she and the accused-appellant resided in separate units. Prosecution witnesses, including Rodolfo Jundos, Jr. (the accused-appellant’s brother-in-law) and Arlene Gorospe, testified that on the night of December 24, 2000, the accused-appellant was drinking with Jundos. The accused-appellant left around 1:00 a.m. on December 25. Shortly after, his wife, Divina, was seen chasing him, and she sought Jundos’s help. Jundos and Divina then went upstairs and discovered the victim’s body. The medico-legal report concluded the cause of death was asphyxia by smothering and found spermatozoa in the victim’s vaginal smear, indicating recent sexual intercourse. The defense presented an alibi, claiming the accused-appellant had a fight with his wife and stayed at a friend’s house in Sta. Mesa for six days. A defense forensic chemist testified that DNA analysis on the victim’s vaginal smear and panty was inconclusive and did not show the presence of the accused-appellant’s DNA.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crime of Rape with Homicide.
RULING
The Supreme Court affirmed the conviction of the accused-appellant for the crime of Rape with Homicide. The Court found the testimonies of the prosecution witnesses credible and consistent. The medico-legal findings of spermatozoa in the victim’s vagina and the cause of death being asphyxia by smothering supported the commission of rape and homicide. The accused-appellant’s flight and alibi were deemed weak defenses, and the inconclusive DNA results did not exculpate him. The Court modified the penalty to reclusion perpetua without eligibility for parole, in accordance with prevailing jurisprudence, as the death penalty was prohibited at the time of the decision. The awards for damages were also modified, granting civil indemnity, moral damages, and exemplary damages to the heirs of the victim.