Title
Diega y Pajares vs. Court of Appeals
Case
G.R. No. 173510
Decision Date
Mar 15, 2010
A 13-year-old girl was raped and killed in 1995; circumstantial evidence, including the accused's presence, scratches, and prior lewd behavior, led to his conviction for rape with homicide, resulting in life imprisonment.

Case Summary (G.R. No. 173510)

Key Dates

March 17, 1995 – Date of the crime
March 18, 1995 – Discovery of victim’s body
March 3, 1999 – RTC judgment convicting appellant
February 9, 2006 – CA decision affirming with modification
March 15, 2010 – Supreme Court decision

Applicable Law

1987 Philippine Constitution (due process, right to counsel)
Revised Penal Code, Article 335 as amended by RA 7659 (rape with homicide)
RA 9346 (abolition of death penalty)
Rule 133, Sec. 4, Rules of Court (circumstantial evidence)

Factual Background

“AAA” walked daily through the farm’s plantation to catch transport to school. On March 17, 1995, she failed to return home. The following morning her body was found concealed by leaves, with a vine around her neck, head wounds, disheveled uniform, and missing undergarments. Autopsy confirmed rape (hymenal lacerations) and death by strangulation and blunt trauma.

Prosecution Evidence

  1. Opportunity and familiarity: Appellant lived and worked as stay-in security guard at the crime site.
  2. Lewd behavior: Witnesses, including the victim’s aunt, testified appellant made sexual advances toward “AAA.”
  3. Identification and threats: Juanito saw appellant alone with unconscious “AAA” around 1–2 PM, wearing only shorts, ordering him at pistol-point to tie a vine around her neck. Appellant threatened Juanito’s life and family if he spoke.
  4. Physical indicators: Juanito observed the victim without undergarments; appellant bore fresh scratches on arms, neck, and back consistent with fingernail marks.
  5. Flight and restlessness: Appellant absconded after withdrawing his counsel’s waiver and was later arrested in Northern Samar two years later.

Defense Evidence

Appellant denied acquaintance with “AAA,” claimed an alibi placing him elsewhere from midnight to 3 PM on the crime day, and alleged false accusation motivated by a farm-land dispute. He challenged the reliability of prosecution witnesses and asserted procedural irregularities in his detention and interrogation without counsel.

RTC Ruling

The Regional Trial Court (Branch 21, Malolos) found the prosecution proved the complex crime of rape with homicide beyond reasonable doubt. Appellant was sentenced to death by lethal injection (per Article 335 RPC) and ordered to pay civil and moral damages.

CA Ruling

The Court of Appeals affirmed the conviction but modified civil indemnity from ₱50,000 to ₱100,000. The death sentence stood pending Supreme Court review.

Issue on Appeal

Whether the circumstantial evidence was sufficient to convict appellant of the complex crime of rape with homicide beyond reasonable doubt.

Circumstantial Evidence Doctrine

Under the 1987 Constitution and Rule 133, Sec. 4, conviction may rest on circumstantial evidence if (1) multiple circumstances are proven, (2) those facts are established, and (3) they form an unbroken chain pointing to the accused to the exclusion of all others.

Supreme Court Analysis and Application

  1. Opportunity and motive aligned with appellant’s role as guard and his known lewd interest in the victim.
  2. Juanito’s unshaken testimony, corroborated by Martin and Arnel, detailed appellant’s threats and directives at pistol-point.
  3. Physical scratches on appellant matched defensive wounds of the victim.
  4. Absence from duty post-crime, withdrawal of counsel’s waiver, and flight e





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