GR 122485; (February, 1999) (Digest)
G.R. No. 122485 February 1, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LARRY MAHINAY Y AMPARADO, accused-appellant.
FACTS
Accused-appellant Larry Mahinay worked as a houseboy for Maria Isip in Valenzuela, Metro Manila. The victim, 12-year-old Ma. Victoria Chan, was a neighbor who often played in the compound. On June 25, 1995, appellant was drinking in the morning. The victim was seen playing in the compound in the afternoon. That evening, appellant appeared uneasy and disheveled at a nearby store. The victim was reported missing by her mother. Appellant failed to return that night and was seen boarding a jeepney early the next morning. On June 26, 1995, the victim’s body was found inside a septic tank in the compound. An autopsy revealed she died from asphyxia by manual strangulation, with a traumatic head injury as contributory, and that her hymen had complete lacerations. Police found the victim’s clothing (shorts, belt, hair ribbon) in an unfinished house in the compound and appellant’s belongings (slippers, pants, wallet, pliers) near the septic tank. Appellant was later arrested in Batangas. With the assistance of counsel, he executed an extra-judicial confession detailing how he raped and killed the victim and initially claimed two others were involved. He was charged with rape with homicide.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape with homicide.
RULING
The Supreme Court affirmed the conviction. The extra-judicial confession, executed with the assistance of counsel, was found to be voluntary and corroborated by physical evidence (the victim’s body and clothing, appellant’s belongings near the crime scene, and his flight). The confession detailed the rape and killing, which was consistent with the autopsy findings. The Court rejected the defense of denial and alibi. The crime of rape with homicide, a special complex crime, was duly proven. The penalty imposed by the trial court was death. The Court also affirmed the award of civil indemnity, moral damages, and actual damages to the victim’s heirs.