G.R. No. 133025 February 17, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RADEL GALLARDE, accused-appellant.

FACTS

On the evening of May 26, 1997, a group including accused-appellant Radel Gallarde gathered at the Talan residence in Tayug, Pangasinan. Ten-year-old Editha Talan was present. Gallarde was seen talking to Editha outside the house before he suddenly left. Editha subsequently took a kerosene lamp and told a witness she was going to look for Gallarde. She was never seen alive again. When Editha was reported missing, a search party was organized. They found Editha’s slipper near Gallarde’s house and later discovered Gallarde himself squatting in a toilet, his hands and knees soiled. When questioned, he gave inconsistent answers about his whereabouts.
The search continued, leading to a field where disheveled grass and a patch of loose soil were found. Upon digging, the searchers discovered Editha’s naked body buried in a shallow grave. The post-mortem examination revealed she died from suffocation due to the covering of her nose and mouth and had a lacerated vagina and ruptured hymen. Gallarde was charged with the special complex crime of rape with homicide.

ISSUE

Whether the prosecution proved beyond reasonable doubt that Radel Gallarde is guilty of the crime charged.

RULING

The Supreme Court affirmed the conviction but modified the crime from rape with homicide to murder. The Court found the circumstantial evidence sufficient to establish Gallarde’s guilt beyond reasonable doubt. The confluence of circumstances—Gallarde was the last person seen with the victim; he fled after being seen with her; he was found with soiled hands and knees near the crime scene shortly after the disappearance; the victim’s slipper and his own slipper were found along the path to the shallow grave; and he gave incoherent and false statements when confronted—formed an unbroken chain leading to the fair and reasonable conclusion that he committed the crime. However, the information alleged that the killing occurred “after” the rape, which constitutes two separate crimes under Article 48 of the Revised Penal Code, not the special complex crime of rape with homicide where the killing is a means to commit or conceal the rape. The prosecution failed to prove that the killing was a means to commit or conceal rape; the sequence alleged and proven indicated separate acts. Thus, the Court convicted Gallarde of murder qualified by treachery, as the attack on a defenseless child was sudden and ensured the execution of the crime without risk to the offender. The penalty of reclusion perpetua was affirmed, and civil indemnity was awarded.