Case Summary (G.R. No. 214934)
Details of the Crime
On the evening of December 3, 1996, Francis Bart and his brother Felbart went to Pier 3 with Diaz, a friend. While Felbart returned home because he did not want to accompany them further, Francis Bart did not return home that night. The following day, the Fulache family reported him missing as he failed to show up. By noon, a report identified the body of a boy found at Bulacao Bridge, which exhibited signs of severe physical abuse, including a skull fracture and indications of sexual assault.
Autopsy Findings
Dr. Jesus P. Cerna conducted an autopsy, revealing that Francis Bart died from intracranial hemorrhage due to trauma. Additional findings indicated multiple contusions and lacerations, particularly in the rectal area, suggesting the possibility of sexual abuse. The injuries were consistent with the use of a blunt instrument, supporting the assertion that a male organ in full erection could have been involved.
Investigation and Arrest
On the same day that the body was located, Diaz acted suspiciously at the wake, reciting poems and drawing attention. He was subsequently invited for questioning by the police, who informed him of his rights in Cebuano. During the investigation, Diaz admitted to the crime, describing in detail how he had sexually assaulted and murdered Francis Bart. However, this confession was deemed inadmissible in court, as he was not represented by independent counsel during the custodial investigation.
Defense Argument
In his defense, Diaz attempted to argue insanity, asserting a diagnosis of pedophilia. Dr. Wilson Tibayan testified that although Diaz exhibited pedophilic tendencies, he was not legally insane at the time, having the capacity to distinguish right from wrong. The trial court was presented with circumstantial evidence including Felbart’s testimony and the circumstances surrounding the crime scene.
Trial Court Decision
On April 11, 1997, the Regional Trial Court found Diaz guilty of murder in relation to sexual abuse (sodomy) of a child, sentencing him to death and ordering significant damages to be paid to the victim's family. The court relied on circumstantial evidence to support a conviction despite the absence of eyewitness testimony, citing the victim's defenselessness and the inherent treachery of the crime given the vast disparity in strength between Diaz and Francis Bart.
Appeal and Supreme Court Ruling
Diaz appealed, arguing that he should not have been found guilty of murder or subjected to the death penalty, contending the absence of qualifying circumstances such as evident premeditation. However, the Supreme Court upheld the trial court's finding of murder based on treachery and abuse of superior strength present during the commission of the crime. The court noted that the nature of the attack on a child reinforces both treachery and the inherent inability of such a victim to defend himself.
Sentencing Modificatio
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Case Background
- The case involves the murder of an eleven-year-old boy, Francis Bart Fulache, whose body was discovered on December 4, 1996, at Bulacao Bridge, Cebu City.
- The accused, Ralph Velez Diaz, known as "Jimboy," was charged with murder in connection with Republic Act No. 7610 concerning the abuse of minors.
- Francis Bart was last seen alive with the accused and a younger brother, Felbart, who returned home before Francis Bart went missing.
Discovery of the Victim
- After the disappearance of Francis Bart, his parents initiated a search which culminated in the discovery of a body resembling their son.
- The body was found in a state of severe physical abuse and was covered with a stone to conceal it.
- An autopsy by Dr. Jesus P. Cerna revealed that the cause of death was "intracranial hemorrhage, extensive, with skull fracture, traumatic," alongside various injuries indicating sexual abuse.
Circumstances of the Crime
- Evidence indicated that the victim had suffered multiple injuries, including severe trauma to the head and notable lacerations in the rectal area.
- Dr. Cerna suggested that the nature of the rectal injuries could have been caused by a blunt object, indicative of sexual assault.
- The accused was seen at the victim's wake displaying suspicious behavior, reciting poems, and singing, which raised concerns leading to police intervention.