G.R. No. 178321; October 5, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. CONRADO LAOG y RAMIN, Accused-Appellant.

FACTS

Accused-appellant Conrado Laog y Ramin was charged with Murder (Criminal Case No. 2162-M-2000) for the killing of Jennifer Patawaran-Rosal and with Rape (Criminal Case No. 2308-M-2000) of AAA. The charges arose from an incident on June 6, 2000, in San Rafael, Bulacan. The prosecution’s principal witness, AAA, testified that while she and Jennifer were walking, appellant, armed with an ice pick and a lead pipe, waylaid them. He struck both of them on the head with the lead pipe, stabbed Jennifer multiple times with the ice pick, and covered her body with grass. While AAA was defenseless, appellant hit her head several more times, stabbed her face, pulled down her pants, removed her underwear, and had carnal knowledge of her. After raping AAA, he also covered her with grass. AAA regained consciousness, crawled away, and was found by her grandfather, BBB, on June 8, 2000. BBB testified that AAA identified appellant as her assailant. CCC, a neighbor, testified that based on information from AAA, Jennifer’s cadaver was found. Dr. Ivan Richard Viray conducted the autopsy on Jennifer, finding her cause of death as hemorrhagic shock from stab wounds. The defense presented an alibi, with appellant claiming he was at home cooking dinner and was later arrested for a different altercation. His nephew, Rey Laog, testified that AAA and Jennifer were at appellant’s house on June 5 and that AAA and appellant had an illicit affair. The Regional Trial Court convicted appellant of both crimes, sentencing him to Reclusion Perpetua for each and ordering him to pay damages. The Court of Appeals affirmed the conviction with modifications to the damages.

ISSUE

The core issue for review is whether the Court of Appeals correctly affirmed the trial court’s finding that accused-appellant Conrado Laog is guilty beyond reasonable doubt of the crimes of Murder and Rape.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with MODIFICATIONS. The Court held that the prosecution proved appellant’s guilt for both crimes beyond reasonable doubt. AAA’s positive identification of appellant as the perpetrator was credible, consistent, and withstood rigorous cross-examination. Her testimony was corroborated by the physical evidence and the testimonies of other witnesses. The defense of alibi and denial cannot prevail over the positive identification by the victim. For Murder, the killing was qualified by treachery, as the attack was sudden and unexpected, rendering the victims unable to defend themselves. For Rape, the element of carnal knowledge through force and intimidation was established by AAA’s credible testimony. The Court modified the awarded damages: In Criminal Case No. 2162-M-2000 (Murder), appellant is ordered to pay the heirs of Jennifer Patawaran-Rosal ₱75,000 as civil indemnity, ₱75,000 as moral damages, ₱30,000 as exemplary damages, and ₱25,000 as temperate damages. In Criminal Case No. 2308-M-2000 (Rape), appellant is ordered to pay AAA ₱50,000 as civil indemnity, ₱50,000 as moral damages, and ₱30,000 as exemplary damages. All monetary awards shall earn interest at the legal rate of 6% per annum from the date of finality of the judgment until fully paid.