G.R. No. 188705 ; March 2, 2011
People of the Philippines, Plaintiff-Appellee, vs. Federico Lucero, Accused-Appellant.

FACTS

Accused-appellant Federico Lucero was charged with Rape with Homicide before the Regional Trial Court (RTC) of Tagum City. The Information alleged that on or about June 7, 1997, in Tagum, Davao, the accused, armed with a knife, by means of force and intimidation, had carnal knowledge of the victim, AAA, against her will, and on the occasion thereof, stabbed and killed her. The accused pleaded not guilty.
The prosecution established that on the night of June 6, 1997, witness Alejandro Jao saw the accused drinking near the victim’s location. At around 2:00 a.m. on June 7, Jao was awakened by commotion and saw the accused, wearing only white briefs with something covering his head, running from the victim’s house. Another witness, Anastacio Langgoy, testified he was awakened by calls for help, rushed to AAA’s house, and saw the accused, clad only in underwear with his green short pants covering his head, flee from the scene. Both witnesses identified the accused under the light of a nearby fluorescent lamp. Later that morning, police invited the accused for questioning. At his rented room, the accused pointed to where the knife used in the killing was located, and it was recovered. Scratches were found on the accused’s back and thigh. The medico-legal officer, Dr. Ricardo Rodaje, testified the victim sustained fatal stab wounds and hymenal lacerations. A vaginal swab tested positive for seminal stains.
The defense consisted of the accused’s testimony that he was forcibly taken by police, tortured into confessing, and that his confession and the recovery of the knife were coerced. His brother, Dionisio Lucero, corroborated that the accused wanted a medical examination after being beaten.
The RTC convicted the accused of Rape with Homicide and sentenced him to death. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua, as the death penalty was prohibited at the time of its decision.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for the crime of Rape with Homicide.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with MODIFICATION as to damages.
The Court upheld the conviction. It ruled that the prosecution proved the accused’s guilt beyond reasonable doubt through credible eyewitness testimonies and corroborating physical evidence. The positive identification by witnesses Jao and Langgoy, who knew the accused and recognized him under sufficient illumination, was given full credence. Their testimonies were consistent and detailed. The accused’s defense of denial and frame-up was weak and unsupported by evidence, and could not prevail over the positive identification. The medico-legal findings of hymenal lacerations and the presence of seminal fluid conclusively proved rape. The fatal stab wounds established homicide. The killing was held to be a consequence of the rape, making the accused liable for the special complex crime of Rape with Homicide under Article 266-B of the Revised Penal Code.
The Court modified the awarded damages, increasing civil indemnity, moral damages, and exemplary damages, and awarding temperate damages in lieu of actual damages, all with legal interest.