GR 184704; (June, 2009) (Digest)
G.R. No. 184704; June 30, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. LEODEGARIO BASCUGIN y AGQUIZ, Accused-Appellant.
FACTS
Accused-appellant Leodegario Bascugin was charged with rape with homicide for the rape and killing of AAA on June 4, 1999, in Balayan, Batangas. The prosecution presented circumstantial evidence, including: (1) AAA was last seen boarding Bascugin’s tricycle; (2) Bascugin was later seen driving alone toward town; (3) his tricycle was parked near a waiting shed where AAA’s hairclip was found; (4) bloodstains on Bascugin’s clothes and AAA’s pants matched her blood type; (5) AAA’s panty tested positive for seminal stains; (6) medico-legal findings showed AAA had fresh hymenal lacerations and multiple stab wounds; (7) DNA analysis matched Bascugin’s swab with AAA’s vaginal smear; and (8) Bascugin admitted in open court that he raped and killed AAA. Bascugin initially pleaded guilty but later withdrew his plea and pleaded not guilty. The Regional Trial Court convicted him and imposed the death penalty. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua without parole under Republic Act No. 9346 and awarded damages.
ISSUE
Whether the Court of Appeals correctly affirmed Bascugin’s conviction for rape with homicide based on circumstantial evidence and his judicial admission.
RULING
The Supreme Court affirmed the conviction. The circumstantial evidence, taken together, formed an unbroken chain leading to the conclusion that Bascugin raped and killed AAA. His judicial admission in open court, corroborated by medical and forensic evidence, constituted evidence of high order. The Court upheld the penalty of reclusion perpetua without eligibility for parole, in accordance with Republic Act No. 9346. The awards of civil indemnity (PhP 100,000), moral damages (PhP 75,000), and temperate damages (PhP 25,000) were affirmed. Additionally, exemplary damages of PhP 50,000 were awarded to deter similar acts. The CA decision was affirmed with modification to include exemplary damages.