G.R. No. 250649, March 24, 2021
People of the Philippines, Plaintiff-Appellee, vs. Leonardo Cabornay y Batula, Accused-Appellant.

FACTS

Accused-appellant Leonardo Cabornay y Batula was charged with Rape with Homicide for the death of a five-year-old minor, AAA, on July 30, 2012. The prosecution presented witnesses, including BBB (AAA’s friend and playmate), who testified that she last saw AAA being taken by Cabornay (nicknamed Totoy) towards a gemelina tree. Conceso Abonge testified he saw AAA, BBB, and Cabornay together around 11:00 a.m. Oscar Nabong (BBB’s father) later found AAA’s dead body in a grassy area, lying face-up with her dress lifted, her panty a meter away, and her legs spread apart. Dr. Cornelio Solis conducted a post-mortem examination, finding a stab wound, incised wound, hematomas (including near the vaginal area), and estimated the time of death at around 1:00 p.m. He opined the perpetrator could have been trying to rape the victim. Cabornay was apprehended, and a bladed weapon was confiscated from him. The defense consisted of denial and alibi, claiming he was at the house of AAA’s grandmother the entire time.

ISSUE

Whether the accused-appellant is guilty beyond reasonable doubt of the crime charged.

RULING

The Supreme Court affirmed the Court of Appeals’ decision finding the accused-appellant guilty beyond reasonable doubt of Attempted Rape with Homicide. The Court held that the totality of circumstantial evidence—including the accused being the last person seen with the victim near the crime scene, the victim’s body position and state of undress, the medical findings of hematomas near the vaginal area, and the lack of evidence of improper motive on the part of the witnesses—sufficiently established his guilt. The Court agreed with the CA that while the evidence proved an attempt to rape, it did not conclusively prove consummated rape due to the absence of evidence of penile penetration. The defense of denial was rejected. The penalty and awards of damages imposed by the CA were sustained.