G.R. No. 138403 ; August 22, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLLY ABULENCIA Y COYOS, defendant-appellant.

FACTS

On August 4, 1998, ten-year-old Rebelyn Garcia was last seen alive following the accused-appellant, Rolly Abulencia, when he left her brother’s house to buy dilis. She never returned. That evening, Abulencia surrendered to the mayor of San Manuel, Pangasinan, stating he had a small girl companion whom he accidentally bumped off the Aburido bridge and who might be dead. The following morning, Rebelyn’s naked, lifeless body was found floating in the Colobong creek. An autopsy revealed multiple lacerations on her vaginal wall and hymen, and water in her lungs, with the cause of death being cardio-respiratory arrest due to drowning and shock due to rape. A radio commentator also testified that Abulencia admitted during a jail interview that he raped Rebelyn and that she fell off the bridge. Abulencia was charged with rape with homicide. At trial, the defense presented only Abulencia, who claimed Rebelyn was following him, he accidentally tripped her causing her to fall from the bridge, and he surrendered out of nervousness.

ISSUE

Whether the trial court erred in convicting accused-appellant Rolly Abulencia of the crime of rape with homicide based on circumstantial evidence and medico-legal findings, despite the absence of direct evidence.

RULING

The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court held that the absence of direct evidence does not preclude conviction for rape with homicide, as circumstantial evidence can be sufficient if the following concur: (a) there is more than one circumstance; (b) the facts from which the inferences are derived are proven; and (c) the combination of all the circumstances produces a conviction beyond reasonable doubt. In this case, the proven circumstances—Abulencia was the last person seen with the victim; he surrendered and gave an account of her falling from the bridge; the victim’s body was found with clear signs of rape and drowning; and his own testimony in court was found to be inherently unbelievable and riddled with inconsistencies—formed an unbroken chain leading to the inescapable conclusion that he alone raped and killed Rebelyn. The Court found the qualifying circumstance of the victim being a minor under 18 years old and the aggravating circumstance of the commission of the crime in contempt of or with insult to public authorities (due to his surrender being an attempt to conceal the crime) to be present. The penalty of death was properly imposed. The Court also modified the awarded damages.