Case Digest (G.R. No. 221075)
Facts:
In People of the Philippines v. Delfin Rondero, G.R. No. 125687, decided December 9, 1999 under the 1987 Constitution, the appellant Delfin Rondero was accused of the special complex crime of rape with homicide of nine-year-old Mylene J. Doria on the night of March 25–26, 1994 in Pugaro, Dagupan City. After a barrio fiesta, Mylene went missing and her distraught father, Maximo Doria, enlisted Barangay Kagawad Andong Rondero and neighbors in an all-night search. Around 1:00 a.m., Maximo saw Delfin, Andong’s son, pumping water at an artesian well with an ice pick clenched in his mouth and washing his blood-stained hands. Some hours later, the victim’s naked, battered body was discovered near the school canteen, bearing multiple contusions, abrasions, cranial fractures, hymenal lacerations and other injuries. A pair of rubber slippers and hair strands clutched in the victim’s right hand were recovered at the scene. An NBI forensic examination linked the hair on the victim’s hand toCase Digest (G.R. No. 221075)
Facts:
- Procedural Posture
- Accused-appellant Delfin Rondero was convicted by the Regional Trial Court (RTC), Dagupan City, Branch 41, for homicide and sentenced to reclusion perpetua.
- On appeal to the Supreme Court en banc, he waived double jeopardy, opening the entire case for review.
- Disappearance and Discovery of Victim
- On the evening of March 25, 1994, nine-year-old Mylene J. Doria went missing after a barrio fiesta. Searches by family and barangay officials continued until early March 26, 1994.
- At about 1:30 a.m., her lifeless body was found near Pugaro Elementary School with severe head injuries, hymenal and labial lacerations, contusions, abrasions, and two slippers—one beside her body and one under her buttocks.
- Evidence Collected
- Spot investigation: blood-spattered artesian well; victim’s shorts; distinctive rubber slippers; hair strands found in victim’s right hand and at the scene.
- Autopsy by Assistant City Health Officer Dr. Tomas G. Cornel: multiple contusion hematomas, lacerations, massive intracranial hemorrhage, fractured occipital bone, fresh hymenal and labial tears; cause of death—cardiorespiratory arrest due to traumatic hemorrhage.
- NBI microscopic examination: hair strands from victim’s hand matched accused’s hair; scene hair matched victim’s hair.
- Charge and Trial Proceedings
- March 30, 1994: Information for special complex crime of rape with homicide under Article 335 in relation to Article 249, Revised Penal Code (RPC). Accused pleaded not guilty.
- Prosecution witnesses: eyewitness identification of accused washing bloodied hands with an ice pick in his mouth; autopsy physician; NBI forensic chemist.
- Defense witnesses: accused’s wife and father testified that he was at home, slightly drunk and injured from a domestic quarrel, slept at about 8:00 p.m. on March 25, 1994.
- RTC Decisions
- October 13, 1995: RTC convicted accused of murder under RA 7659, sentenced him to death by electrocution, and ordered indemnity and damages.
- November 10, 1995: On reconsideration, RTC amended conviction to homicide (reclusion perpetua) under RA 7610 (victim under 12), awarded indemnity P60,000, consequential damages P15,000, moral damages P100,000.
Issues:
- Whether the circumstantial evidence presented—eyewitness identification, distinctive slippers, hair-match analysis, and blood evidence—is sufficient to establish guilt beyond reasonable doubt for rape with homicide.
- Whether the taking of hair samples without counsel violates the accused’s rights against self-incrimination, and whether the blood-stained garments seized without warrant are admissible.
- Whether the complex crime of rape with homicide is proven, warranting the death penalty under RA 7659, or whether the conviction should remain homicide under RA 7610.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)