GR 91491; (August, 1992) (Digest)
G.R. No. 91491 August 12, 1992
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCELO ALMENARIO @ “TOTOY,” defendant-appellant.
FACTS
On March 10, 1989, in Barangay Calzada, Javier, Leyte, accused-appellant Marcelo Almenario was charged with the complex crime of rape with homicide. The information alleged that by means of force, violence, and intimidation, using a bladed weapon, he had carnal knowledge of Visitacion Gares and strangled her, causing her death. The accused initially pleaded guilty, but the trial court proceeded to hear the prosecution’s evidence. During the trial, the accused testified, admitting to killing Gares but denying the rape. The prosecution presented evidence showing that on the afternoon of March 10, 1989, the accused, the victim, and others were drinking together. The accused and the victim were last seen together. The victim’s body was later found hidden in a ricefield, as pointed out by the accused after his arrest. The medico-legal report indicated the victim died from asphyxia by manual strangulation and had a deep, coaptible hymenal laceration consistent with sexual intercourse from rape. The accused had linear, skin-deep wounds, which a doctor testified could have been caused by fingernails. The trial court convicted the accused of rape with homicide and sentenced him to reclusion perpetua and indemnity.
ISSUE
Whether the trial court erred in convicting the accused of the complex crime of rape with homicide despite the alleged insufficiency of evidence regarding the commission of rape.
RULING
The Supreme Court affirmed the conviction. It held that there was ample evidence linking the accused to the rape, even without an eyewitness. The Court found the accused’s claim that he killed the victim in self-defense after she attacked him with a knife to be unconvincing and muddled. The medico-legal findings of hymenal laceration and vaginal penetration, coupled with the victim’s death by manual strangulation and the accused’s linear wounds consistent with fingernail scratches, supported the trial court’s deduction that the accused choked the victim to overcome her resistance during the rape. The guilt of the accused for the complex crime of rape with homicide was proven beyond reasonable doubt. The decision was affirmed with the modification that the indemnity to the heirs was increased to P50,000.00.