GR 133823; (February, 2001) (Digest)
G.R. No. 133823 . February 7, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMIL VELEZ RAYOS, accused-appellant.
FACTS
Accused-appellant Ramil Velez Rayos was charged with the complex crime of rape with homicide of nine-year-old Mebelyn Ganzan. The prosecution established that on April 9, 1997, the victim was last seen with Rayos. Her body was later discovered with multiple stab wounds and signs of sexual assault. Dr. Angelita Enopia’s autopsy confirmed hymenal lacerations and twelve fatal wounds. Rayos was apprehended and, after being duly informed of his rights and assisted by counsel, executed a detailed extrajudicial confession.
In his confession, Rayos admitted luring the victim to a hilltop, attempting to rape her, and then stabbing her multiple times in a rage when he failed to penetrate. The defense presented an alibi, claiming Rayos was in a different barangay at the time. The trial court found Rayos guilty beyond reasonable doubt and imposed the death penalty.
ISSUE
Whether the trial court correctly convicted accused-appellant Ramil Velez Rayos of the complex crime of rape with homicide.
RULING
Yes, the conviction is affirmed. The Supreme Court upheld the trial court’s finding of guilt. The extrajudicial confession was deemed admissible and credible. It was executed voluntarily with the assistance of counsel, who thoroughly cautioned Rayos of its consequences. The confession was corroborated by the physical evidence, particularly the medico-legal findings which confirmed rape and homicide, and by eyewitness testimony placing Rayos with the victim.
The defense of alibi was correctly rejected. For alibi to prosper, the accused must demonstrate it was physically impossible to be at the crime scene. Rayos failed to do so, as the barangay he claimed to be in was not so distant as to preclude his presence at the locus criminis. His alibi also lacked credible corroboration. Under Republic Act No. 7659 , when homicide is committed by reason or on the occasion of rape, the penalty is death. The Court modified the civil liability, increasing the indemnity to P75,000.00 and moral damages to P50,000.00, while affirming the exemplary damages. The death penalty was affirmed, subject to automatic review.