GR 152954; (March, 2004) (Digest)
G.R. No. 152954 ; March 10, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. PAULINO SEVILLENO y VILLANUEVA, a.k.a. “Tamayo Sevilleno”, appellant.
FACTS
Appellant Paulino Sevilleno was charged with the rape with homicide of nine-year-old Virginia Bakia. Initially, he pleaded guilty, but the Supreme Court, on automatic review, annulled the conviction due to the trial court’s failure to conduct a proper searching inquiry into the voluntariness and comprehension of his plea. The case was remanded for re-arraignment and trial. Upon re-arraignment, appellant pleaded not guilty. The prosecution established that on July 22, 1995, appellant lured Virginia and her sister with treats. He then took Virginia to a sugarcane field. The sister later informed their father, Rogelio Bakia, who searched for Virginia. Rogelio encountered appellant, who denied knowledge of Virginia’s whereabouts, but Rogelio observed fresh scratches on appellant’s neck and cheek. The following day, appellant led Rogelio and others to a sugarcane field where Virginia’s naked body was found covered with leaves, her legs spread apart.
ISSUE
The core issues were whether appellant’s extra-judicial confession was valid and whether the prosecution proved his guilt for rape with homicide beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. On the first issue, the Court found the extra-judicial confession irrelevant as the conviction was not based upon it. The trial court correctly relied on the totality of circumstantial evidence, which constituted an unbroken chain leading to the inescapable conclusion that appellant was the perpetrator. The evidence included: (1) appellant was last seen with the victim; (2) he was seen emerging alone from the crime scene with fresh injuries matching a struggle; (3) he gave false statements to the victim’s father; and (4) he eventually led searchers to the concealed corpse. His defense of denial and alibi was weak and uncorroborated. The medical findings of hymenal laceration and death by asphyxia from strangulation corroborated the rape and homicide. The penalty of death was proper, but the Court modified the damages, awarding P100,000.00 as civil indemnity and P75,000.00 as moral damages, while deleting the exemplary damages for lack of aggravating circumstances.