G.R. No. 250649 - People vs. Cabornay y Batula

The case involves accused Leonardo Cabornay y Batula, charged initially with Rape with Homicide for an incident allegedly occurring on or about July 30, 2012, in the Province of Samar.
The victim, a five-year-old minor identified as AAA (name changed pursuant to protective orders), sustained stab wounds and other injuries resulting in her instantaneous death.
The Information charged the accused with committing the crime by means of force, threat, and intimidation along with lewd designs and lustful intent during the act.

Described a day of activities with the victim – playing with mud, picking santol, biking, and eventually heading towards a pathway where the accused (referred to by his nickname, Totoy) was seen with the victim.
Reported that Angel (the victim) was last seen with the accused and identified him in court.
Mentioned her own attempt to pull the victim away out of fear of being forced to accompany him.

Identified the victim as Angel and recounted that on the day of the incident, the accused was seen in company with the victim and [BBB] along a specific pathway near the victim’s residence.
Noted that after a period of searching, the victim was found deceased, with the accused present at the scene.

As the father of [BBB], stated that he was contacted to help search for Angel after she was reported missing.
Recounted that local residents and other witnesses identified a man matching the description of the accused, who was seen with the victim before her body was eventually discovered.
Described the condition and positioning of the deceased victim.

As a barangay tanod, he participated in the search for the victim and testified to seeing the accused in a state of unease and intoxication, admitting to his presence near the victim’s location.

Ascertained that the victim was already in rigor mortis at the time of the post-mortem, estimating the time of death to be around 1 o’clock in the afternoon.
Noted injuries suggestive of an attempt at rape, including hematomas near the vaginal area, even though no penetration was confirmed.
Conducted the examination despite procedural lapses (i.e., the vaginal discharge was not subjected to chemical analysis).

Described his role as the duty investigator, documenting the chain of events and the collection of physical evidence including a bladed weapon, stained clothing, and other paraphernalia potentially linking the accused to the crime.
Confirmed that the weapon recovered from the accused bore the odor of blood and that a blood stain was observed on his shirt.

Accused Cabornay testified that on the morning of the incident he was engaged in repairing electrical fans at Apoy Goring’s house, where the victim’s grandmother resided.
Claimed that he observed the victim only briefly as she dropped her bag before exiting the house, and maintained that he did not see [BBB] playing with the victim that day.
Stated that he remained inside the house until he was later asked to accompany others to search for the missing child, and upon their return noted the presence of many people but no incriminating evidence regarding his involvement.
Acknowledged that a bladed weapon was confiscated from him at the time of arrest; however, he denied any bloodstains on the weapon or on his clothing.
Presented an alibi based on being engaged in routine activities (repair work and selling root crops) which placed him away from the direct commission of the crime.

The Regional Trial Court (RTC) initially found the accused guilty beyond reasonable doubt of Rape with Homicide.
The RTC decision was anchored on previous jurisprudence (People v. Develles) involving positive identification of the accused as the last person seen with the victim.
The RTC imposed reclusion perpetua along with civil indemnity and various damages against the accused.

The Court of Appeals (CA) set aside the RTC ruling on April 20, 2017, and entered a new decision altering the conviction to Attempted Rape with Homicide.
The CA based its new finding on the absence of concrete evidence of penile penetration and on medical testimony indicating that the signs of rape were limited to hematomas and circumstantial indications of an attempt rather than a completed act.
Despite the modification in the specific charge, the appellate court maintained that the overall circumstantial evidence established the accused’s guilt beyond reasonable doubt.

Whether the circumstantial evidence presented by the prosecution was sufficient to convict the accused beyond reasonable doubt despite the absence of direct evidence linking him to the crime.

The issue examines if the combination of witness testimonies, physical evidence (such as bloodstains on the accused’ clothing and the recovered bladed weapon), and the circumstances surrounding the victim’s disappearance and death add up to a convincing case against the accused.
Questions arise concerning the reliability of the witnesses’ identification, especially that of a minor, and whether inconsistencies in testimonies (e.g., details regarding the accused’ attire) significantly affect their credibility.

Whether the specialized elements of the crime of Rape with Homicide (or Attempted Rape with Homicide) have been legally established in light of the medical evidence and the absence of evidence of full rape.

The issue delves into whether the injuries documented by Dr. Solis, such as the hematomas and the positioning of the victim’s clothing and body, sufficiently support an inference of rape or merely an attempted act.
The evaluation concerns if the lack of chemical analysis on the whitish discharge and no confirmed penile penetration undermine the charge or satisfactorily justify the modification of the offense.

Whether the defense’s negative testimony and asserted alibi have been adequately rebutted by the totality of the circumstantial evidence gathered and presented by the prosecution.