Case Digest (G.R. No. 172326)
Facts:
The case involves Alfredo Pascual y Ildefonso (accused-appellant), charged with the crime of Rape with Homicide committed on or about December 25, 2000, in Mandaluyong City, Philippines. The victim was Lorelyn Pacubas y Tamayo. An amended information was filed on February 23, 2001, accusing Alfredo Pascual of willfully, unlawfully, and feloniously having carnal knowledge of the victim against her will and, to cover the act, smothering her to death. Additionally, he was initially charged with robbery, which was later dismissed as the victim’s belongings were intact.
The incident occurred in the victim’s room on the second floor of House No. 724, Ballesteros Street. The accused-appellant was seen by neighbors and relatives repeatedly entering and leaving the house, apparently intoxicated. Witnesses testified to his presence near the crime scene around the time of the incident. Rodolfo Jundos Jr., a neighbor, witnessed the accused-appellant leaving hastily while being chased by hi
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Case Digest (G.R. No. 172326)
Facts:
- Parties and Background
- The accused-appellant is Alfredo Pascual y Ildefonso, also known as “Boyet.”
- The victim was Lorelyn Pacubas y Tamayo (alias Ling-Ling).
- Accused was charged with Rape with Homicide and Robbery based on an Amended Information dated February 23, 2001.
- The crime allegedly occurred on or about December 25, 2000, at Mandaluyong City.
- The information stated that accused with lewd designs, by force and intimidation, raped Lorelyn against her will, suffocated her with a pillow causing death, and took personal belongings valued at around P10,000.00.
- Trial Proceedings and Evidence
- Accused pleaded not guilty at arraignment.
- The prosecution presented seven witnesses, including neighbors, friends, police officers, medico-legal officer, and victim’s mother.
- Rodolfo Jundos, Jr. (neighbor and relative by marriage to accused) testified about the events of Dec. 24-25, 2000: accused was drunk, went inside the victim's house several times, left at around 1:00 a.m., and was later chased by his wife Divina, who sought help. Together, Jundos and Divina went upstairs and found Lorelyn dead, nearly naked, with clothing disarranged and blood on the victim's body.
- Police officers found the victim’s body at the scene lying lifeless, with scattered belongings and bloodstains.
- Forensic and medico-legal evidence:
- Autopsy concluded cause of death was asphyxia by smothering.
- Multiple contusions and lacerations on the victim’s body were documented.
- Genital examination showed hymenal lacerations and fresh abrasions, with vaginal and periurethral smears positive for spermatozoa.
- Accused’s defense included a claim of absence/alibi:
- He alleged staying at a friend’s house in Sta. Mesa for six days after a quarrel on Dec. 24, 2000.
- Defense witnesses corroborated accused’s alibi.
- DNA analysis conducted by NBI forensic chemist showed no DNA profile of accused in the vaginal smear, but the test result was inconclusive due to contamination and prior serological testing.
- Lower Court Decisions and Appeal
- RTC Branch 211, Mandaluyong City, found accused guilty beyond reasonable doubt of rape with homicide, sentencing him to death and awarding damages to the victim’s heirs.
- The robbery charge was dismissed due to intact victim’s belongings.
- The case was elevated directly to the Supreme Court but later transferred to the Court of Appeals (CA).
- The CA affirmed the RTC decision, modifying damages by awarding an additional P100,000.00 as civil indemnity to the heirs.
- Present Appeal
- Accused-appellant sought final review before the Supreme Court.
- Issues raised pertained mainly to sufficiency of circumstantial evidence and reliability of the DNA evidence.
Issues:
- Whether the circumstantial evidence presented against accused-appellant was sufficient to establish his guilt beyond reasonable doubt of the crime of Rape with Homicide.
- Whether the inconclusive DNA examination result entitles accused-appellant to an acquittal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)