G.R. No. 147671 November 21, 2002
The People of the Philippines, plaintiff-appellee, vs. Renante Mendez and Baby Cabagtong, accused-appellant.

FACTS

An Information was filed charging accused-appellants Renante Mendez and Rene “Baby” Cabagtong with the crime of rape with homicide of 13-year-old Candy Dolim on December 8, 1996, in Sitio Tinotogasan, Brgy. Burabud, Gamay, Northern Samar. The prosecution presented several witnesses. Rico Dolim, the victim’s father, testified about his daughter’s disappearance and the discovery of her body. Aurea Cabagtong testified that on the night of December 8, 1996, the accused-appellants, soaked and with bloodstains on their clothes, went to her house, washed their clothes, and spent the night. Ronnie Cabagtong, Aurea’s son, claimed to be an eyewitness, testifying that he saw Renante Mendez having sexual intercourse with the victim while Baby Cabagtong held her hands, and that the accused-appellants later came to his house with bloodstained clothes and threatened him. Dr. Santiago M. Engo performed the autopsy, finding hack and incised wounds and a lacerated vaginal wound, but could not conclusively determine sexual assault due to the body’s decomposition. Farvesio Banawis testified he saw the accused-appellants with the victim on the night of the incident. SPO2 Noli Cernio testified on the police investigation. The defense presented witnesses, including the accused-appellants, who denied the charges and claimed alibis. The Regional Trial Court found them guilty and sentenced each to death. The case was appealed to the Supreme Court.

ISSUE

Whether the guilt of accused-appellants Renante Mendez and Baby Cabagtong for the crime of rape with homicide has been proven beyond reasonable doubt.

RULING

The Supreme Court REVERSED the judgment of the trial court and ACQUITTED accused-appellants Renante Mendez and Baby Cabagtong on the basis of reasonable doubt. The Court found the record replete with procedural and evidentiary lapses. The testimony of the alleged eyewitness, Ronnie Cabagtong, was deemed unreliable due to inconsistencies and his delay in reporting the incident. The testimony of Aurea Cabagtong was considered suspect as she was presented by the victim’s grandfather who paid for her expenses. The testimony of Farvesio Banawis was also found unreliable due to inconsistencies and his long delay in executing an affidavit. The medical findings were inconclusive as to sexual assault. The defense of alibi was strengthened by the weak evidence of the prosecution. The prosecution failed to prove the guilt of the accused-appellants beyond reasonable doubt.