G.R. No. 126859 - Al-Ghoul vs. Court of Appeals

The case involves the People of the Philippines as the plaintiff-appellee and Zaldy Cristobal y Albarin as the accused-appellant.
The accused was charged with the complex crime of rape with homicide resulting in the death of Edna Cantubira.
The incident allegedly occurred on 22 September 1989 in barangay Mabato-bato, Municipality of Mandaon, Masbate, Philippines.

The Information (dated 12 January 1990) detailed that the accused, armed with a sharp instrument (batangas or fan knife), used force, intimidation, and a lewd design to commit rape.
During the rape, the accused is alleged to have attacked, assaulted, and stabbed the victim, inflicting wounds that led to her death.
The crime was characterized as one committed contrary to law.

The accused pleaded not guilty when arraigned on 12 March 1990.
After trial, the Regional Trial Court, Branch 46, Masbate, convincted the accused of rape with homicide and sentenced him to reclusion perpetua, with accessory penalties including civil indemnity initially set at P30,000.00.
The judgment was rendered on 18 March 1991, noting that the accused had been detained during the proceedings, thus entitling him to credit for the period of detention.

Testified that on 22 September 1989 around 8:00 p.m., he attended a benefit dance at the town plaza of Mabato-bato, Mandaon.
Stated that later in the night, while returning home with the accused, he was invited by Cristobal to visit Edna Cantubira’s house, but he refused as Cristobal appeared intoxicated and carried a knife.
Reported learning of the victim's death the following morning.

Recollected that at about 5:00 p.m. on the day of the incident, the accused (observed drunk) arrived at her house in Mabato-bato.
Noted that Cristobal declared his intention to kill someone that night, and she attempted to dissuade him.
Later, she learned that her neighbor Edna Cantubira was killed.

Testified that on the morning of 22 September 1989, he and Cristobal were drinking at a third party’s residence.
Recalled that Cristobal mentioned his intent to kill Edna Cantubira as part of a vow related to an amulet.
Indicated that he counselled Cristobal against committing the act, reminding him that the victim was a girl.

Stated that on the afternoon of 22 September 1989, while at home with her four children, she was notified to watch over her sister-in-law Edna, who was alone at her residence.
Testified that around 11:00 p.m. she heard Edna screaming for help and observed, through an open door and by the light of a nearby kerosene lamp, the accused naked lying atop the victim.
Clearly observed the accused repeatedly stabbing Edna, including slashing her neck with a fan knife, before fleeing the scene.

Conducted an autopsy which revealed the victim sustained no less than 18 incised wounds and 20 stab wounds.
Detailed specific injuries including incised and stab wounds on the neck, mandibles, shoulders, chest, arms, and legs.
The report also noted fresh hymenal lacerations on the victim, supporting the allegation of rape.

The accused testified in his defense, claiming he was at a benefit dance operating the sound system alongside the victim’s brother, Elvis Cantubira.
Alleged that certain witnesses (Teresa Cantubira, Pedra Cristobal, and Conrado Monterola) had personal grudges against him, with motivations tied to alleged personal relations and a dispute involving coconuts with Conrado Monterola.
Rebuttal witness Elvis Cantubira contradicted the accused’s alibi by stating that the accused was last seen at the dance around 10:00 p.m., not with him operating the sound system.

Acknowledgement of the inherent difficulty in prosecuting cases of rape with homicide due to often limited direct evidence (i.e., absence of the victim’s testimony).
Noted that the case was an exception since an eyewitness (Teresa Cantubira) provided direct testimony regarding the stabbing and other aspects of the crime.
The determination hinged on the credibility of the witnesses, a matter traditionally left to the trial court’s discretion.

Giving credence to the testimony of prosecution witness Teresa Cantubira, whose account was deemed “improbable and inconsistent” by the accused.
Relying on circumstantial evidence in establishing the accused’s participation in the crime of rape.
Finding the accused guilty beyond reasonable doubt for the complex crime of rape with homicide when the evidence largely relied on eyewitness testimony and circumstantial elements.

Whether the accused’s alibi and denial, as presented by his own testimony, could suffice to raise reasonable doubt in light of contradicting rebuttal evidence from Elvis Cantubira.

Whether the trial court improperly assessed or dismissed potential biases or conflicts among the prosecution witnesses, notably the alleged grudges of Teresa, Pedra, and Conrado against the accused.