G.R. No. L-29066 March 25, 1970
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCELO AMIT, defendant-appellant.

FACTS

Marcelo Amit was charged with the complex crime of rape with homicide under Article 335 of the Revised Penal Code, as amended. Upon arraignment with the assistance of counsel de officio, he pleaded guilty. Due to the gravity of the offense, the trial court required additional evidence. The prosecution presented: (1) appellant’s extrajudicial confession in Ilocano (Exhibit A) and its English translation (Exhibit A-1), detailing the commission of the crime; (2) an autopsy report (Exhibit B) describing the victim’s injuries; and (3) a medical certificate (Exhibit C) describing appellant’s own injuries sustained during the struggle with the victim. Based on the plea and evidence, the trial court sentenced appellant to death, indemnified the heirs of the victim Rufina Arellano in the amount of P6,000.00, and ordered payment of costs. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the penalty of death imposed by the trial court should be reduced to reclusion perpetua due to the presence of mitigating circumstances, specifically: (1) plea of guilty; (2) voluntary surrender; and (3) lack of intention to commit so grave a wrong as that committed.

RULING

The Supreme Court affirmed the judgment with modifications. The mitigating circumstances of plea of guilty and voluntary surrender were proven and admitted by the Solicitor General. However, the mitigating circumstance of lack of intention to commit so grave a wrong was not established. The Court examined appellant’s extrajudicial confession, which revealed that the victim, who was 25 years his senior, resisted by biting and scratching him. To subdue her, appellant boxed her, held her neck, and pressed it downward while on top of her. These acts of brute force were reasonably sufficient to cause the victim’s death; thus, the lack of intention to commit so grave a wrong could not be appreciated in his favor. Furthermore, the penalty for rape with homicide under Article 335, as amended, is death, an indivisible penalty. Under Article 63 of the Revised Penal Code, an indivisible penalty must be imposed regardless of mitigating circumstances, especially when aggravating circumstances are present. The Court noted the presence of the aggravating circumstances of nighttime and abuse of superior strength. Consequently, the penalty of death was upheld. The civil indemnity was increased from P6,000.00 to P12,000.00. The judgment was modified accordingly and affirmed in all other respects.