G.R. No. 218086 , August 10, 2016.
People of the Philippines, Plaintiff-Appellee, vs. Charlie Balisong, Accused-Appellant.

FACTS

Accused-appellant Charlie Balisong was charged with the special complex crime of rape with homicide. The Information alleged that on or about September 3, 2011, in Milagros, Masbate, he had sexual intercourse with AAA, the 62-year-old mother of his common-law wife, against her will and by means of force and intimidation, and thereafter choked her to death. During trial, the prosecution presented BBB, the 8-year-old stepson of appellant and grandson of AAA, who testified that he witnessed appellant enter AAA’s house, undress himself and AAA, choke AAA until she became unconscious, rape her, and then throw her lifeless body into a river. The testimony was corroborated by Dr. Irene Grace Calucin, who conducted a post-mortem examination, finding abrasions on the victim’s throat, neck, breasts, arms, and legs, and identified choking and drowning as the cause of death. The defense presented only appellant’s testimony, denying the charges and claiming he was at his house 500 meters away with his common-law wife and father-in-law at the time. The RTC found appellant guilty beyond reasonable doubt and sentenced him to reclusion perpetua, ordering him to pay civil indemnity and damages. The CA affirmed the RTC decision but modified the damages and noted the penalty should carry no eligibility for parole. Appellant appealed, arguing the prosecution failed to prove the elements of rape with homicide, particularly carnal knowledge, as the post-mortem findings did not indicate sexual assault.

ISSUE

Whether the Court of Appeals erred in finding accused-appellant guilty beyond reasonable doubt of the special complex crime of rape with homicide.

RULING

The Supreme Court affirmed the conviction with modifications to the damages. The Court held that all elements of rape with homicide were proven beyond reasonable doubt: (1) appellant had carnal knowledge of AAA; (2) it was achieved by means of force and intimidation; and (3) by reason or on occasion thereof, he killed her. The Court gave full credence to the categorical, spontaneous, and straightforward testimony of the child witness, BBB, whose youth was considered a badge of truth. His testimony was corroborated by the medical findings of physical injuries consistent with choking and the presence of spermatozoa in the victim’s vaginal canal. The Court ruled that the absence of fresh lacerations or genital injury does not negate rape, as these are not essential elements; a medical examination is merely corroborative. Appellant’s denial and alibi could not overcome the positive identification and credible testimony of the eyewitness. The penalty of reclusion perpetua, without eligibility for parole, was affirmed. The Court modified the damages, increasing moral damages to ₱100,000.00 and exemplary damages to ₱100,000.00, in addition to ₱100,000.00 civil indemnity, all with interest at 6% per annum from finality until fully paid.