G.R. No. 185012; March 5, 2010.
People of the Philippines, Appellee, vs. Victor Villarino y Mabute, Appellant.

FACTS

On April 29, 1995, in Barangay “D1”, Almagro, Samar, the 10-year-old victim “AAA” was sent on an errand and later found dead. Her lifeless body was discovered behind a boulder, lying face up with her legs spread apart, no longer wearing her short pants and panty, and with blood oozing from her vagina. A white sleeveless t-shirt (sando) was wrapped around her right hand, and her panty and short pants were found nearby. A bracelet and a pendant were also recovered at the scene. Multiple witnesses, including the victim’s mother “BBB” and barangay captain Rodrigo Olaje, identified these items as belonging to and being worn by the appellant, Victor Villarino, earlier that day. The appellant was arrested on the same day; when made to change his wet clothes, his briefs revealed bloodstains. The autopsy report indicated “AAA” sustained multiple lacerated wounds to the skull and third-degree vaginal lacerations, with the cause of death being cardio-respiratory arrest secondary to these injuries. Dr. Arleen P. Lim testified that the vaginal injuries could have been caused by sexual intercourse or forcible entry of an object like a penis. While in custody, the appellant spontaneously confessed the crime to SPO4 Jesus Genoguin and offered him the jewelry and money in exchange for discarding the sando. The appellant denied the charges, claiming the items were not his and that he was framed due to a dispute with Rodrigo Olaje over unpaid wages.

ISSUE

Whether the appellant is guilty beyond reasonable doubt of the special complex crime of rape with homicide.

RULING

Yes. The Supreme Court found the appellant guilty beyond reasonable doubt of rape with homicide. The Court ruled that the appellant’s unsolicited and spontaneous confession to SPO4 Genoguin was admissible as it was voluntarily given without coercion. The circumstantial evidence sufficiently established his guilt: (1) he was seen wearing the sando, bracelet, and pendant earlier on the day of the crime; (2) these same items were found at the crime scene with the victim’s body; (3) his briefs had bloodstains upon arrest; (4) he had scratches and abrasions on his body consistent with a struggle; (5) he attempted to bribe the police officer to dispose of evidence; and (6) his mother attempted to influence a witness. The medical findings, though no spermatozoa was detected, confirmed sexual assault and homicide. The confluence of these circumstances leads to no other conclusion than the appellant’s guilt. The penalty imposed was death, but due to the passage of Republic Act No. 9346 prohibiting the death penalty, this was reduced to reclusion perpetua without eligibility for parole. The appellant was also ordered to pay civil indemnity, moral damages, and exemplary damages to the victim’s heirs.