Facts:

• The accused-appellant, Leonardo Cabornay y Batula, was charged with Rape with Homicide in Criminal Case No. C-2012-1870.
• The Information was filed on November 5, 2012, alleging that on July 30, 2012, at around 11:00 AM, Cabornay forcibly had carnal knowledge of a five-year-old girl, referred to as AAA, without her consent and subsequently stabbed her, resulting in her death.
• During the trial at the Regional Trial Court (RTC) of Calbiga, Samar, Cabornay pleaded not guilty on January 8, 2013.
• The prosecution presented testimonies from several witnesses, including classmates and neighbors, who saw AAA with Cabornay shortly before her death.
• A witness named BBB testified about playing with AAA before witnessing her being taken away by Cabornay.
• Other witnesses, including barangay officials and police officers, corroborated the timeline and circumstances of AAA's body discovery later that day.
• On April 20, 2017, the RTC found Cabornay guilty beyond reasonable doubt of Rape with Homicide, sentencing him to reclusion perpetua and ordering damages to the victim's heirs.
• The Court of Appeals (CA) reviewed the case and, on June 28, 2019, found Cabornay guilty of Attempted Rape with Homicide, citing insufficient proof of actual penetration.

Issue:

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Ruling:

• Yes, the Court of Appeals was correct in finding Leonardo Cabornay guilty of Attempted Rape with Homicide.
• Yes, the evidence presented was sufficient...(Unlock)

Ratio:

• The Supreme Court upheld the CA's ruling, emphasizing the significance of circumstantial evidence presented during the trial.
• The Court noted the credibility and consistency of witness testimonies, particularly that of BBB, establishing Cabornay as the last person seen with the victim before her death.
• The absence of direct evidence linking Cabornay to the crime necessitated reliance on circumstantial evidence, which must meet specific criteria for conviction.
• The CA's conclusion of no definitive proof of penetration was...continue reading