G.R. No. 84857 - People vs. Dela Rosa y Aviles

On the early hours of August 2, 1994, a corpse wrapped in a round yellow tablecloth and placed inside a sack was discovered floating in a flooded street in Del Pan, Binondo, Manila.
The victim, identified as seven-year-old Angel Alquiza y Lagman, was found with multiple traumatic injuries including stab wounds, lacerations on the genital area, missing eyes, and head trauma.
Initial police response was triggered by reports received by PO3 Edgardo E. Ko; subsequent examination revealed the horrific state of the body.

The National Bureau of Investigation (NBI) Medico-Legal Officer, Dr. Ludivino J. Lagat, conducted an autopsy which confirmed that Angel died from multiple stab wounds and traumatic injuries, with detailed postmortem findings documenting abrasions, incised wounds, fractures, and soft tissue injuries.
A Certificate of Identification of the dead body was issued and signed by the victim’s brother, Romezen Alquiza, thereby establishing her identity for investigative and judicial purposes.

A key witness, Herminia Barlam, a 50-year-old deaf laundrywoman (later evaluated by psychiatrists and deemed competent), testified that she saw three men assaulting and subsequently killing the child in the warehouse of Mang Gorio on Kagitingan Street.
Other witnesses—including residents, a pedicab driver, and a scavenger—provided corroborative evidence regarding the movements and identities of persons seen near the crime scene before and after the incident.
Physical evidences such as the yellow tablecloth, a sack, and a nylon cord recovered from the scene helped link the crime to the residence and activities of the accused.

Based on witness identifications and a confession by a primary suspect (Abundio Lagunday, who later died during a confrontation with police), arrests were made against Henry Lagarto y Petilla and Ernesto Cordero y Maristela (alias “Booster”).
Two criminal cases were instituted—Criminal Case No. 94-138071 and Criminal Case No. 94-138138—charging the accused with the special complex felony of rape with homicide.
Initially, the accused were sentenced to reclusion perpetua with orders to pay damages; however, following a petition filed by the Office of the Solicitor General and a ruling by the Supreme Court, the penalty was corrected to the death penalty.

The crime scene, located in an abandoned warehouse (bodega) surrounded by residential areas, presented challenges such as poor lighting and alleged mishandling or loss of physical traces after subsequent alterations.
Despite some inconsistencies in witness recollections and the possibility of evidence being affected (e.g., the washing of the body in floodwater), the record as a whole was deemed sufficient to establish the chain of events.

Whether the prosecution established beyond reasonable doubt that the accused, Henry Lagarto and Ernesto Cordero, committed the crime of rape with homicide.
The adequacy of the evidentiary support, including the autopsy report, the recovery of physical evidence, and the identification of the victim by a family member.

Whether Herminia Barlam’s disability (deafness with associated mental retardation) undermined the reliability of her testimony given the inconsistencies in her earlier statements.
The effect of potential witness coaching or discrepancies between her sworn statement and her in-court testimony.

Whether the elements of conspiracy were sufficiently demonstrated to impute the actions of one conspirator to all participants, particularly in a case involving multiple actors with a common design.
Whether individual contributions versus collective participation could be distinctly ascertained or were immaterial under the doctrine of joint liability.

Whether any defects in the arrest process or failure to conduct a preliminary investigation materially affected the defendants’ rights or the validity of the conviction.
The admissibility and handling of physical and testimonial evidence despite alleged discrepancies in evidence gathering.

Whether the original imposition of reclusion perpetua should be modified to the mandatory death penalty as prescribed by law under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659.
The impact of any mitigating or aggravating circumstances on the sentencing given the mandatory nature of the penalty in cases where rape is committed with homicide.