People v. Villaflores G.R. No.

184926
11 April 2012 BERSAMIN, J.:
TOPIC IN SYLLABUS: Rape with Homicide
SUMMARY: Marita, several months short of 5 yo, was playing in the rear of her house when she went missing she was
found the next day strangled to death, covered by sacks, beside a toilet in an abandoned house. Villaflores was arrested
after being identified by Bautista and Soliven as the probable culprit. Villaflores was charged with rape with homiced.
During trial, no direct evidence was offered there were no witnesses to the crime. Villaflores was nonetheless
convicted based on circumstantial evidence showing that he had walked Marita toward his house, cries of a young
child were heard coming from his house the same day, he was seen walking toward the abandoned house where
Maritas body was eventually found carrying a heavy yellow sack, at around the time later pegged to be the time of
death of Marita, that Marita died of strangulation from a piece of rope that could be found in Villaflores home, that
the yellow sack covering her head could also be found in Villaflores home, that her vagina showed injuries consistent
with the insertion of blunt object, and that the presence of spermatozoa in her vagina confirmed that the blunt object
that caused the injury was a human penis. The SC upheld the conviction.

DOCTRINE: Circumstantial evidence is admissible as proof to establish both the commission of a crime and the identity
of the culprit.

The felony of rape with homicide is a composite crime (special complex crime), composed of two or more crimes that
the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. It is a specific
crime with a specific penalty provided by law, and differs from a compound or complex crime under Article 48 of the
Revised Penal Code

Distinctions between a composite crime and a complex or compound crime:

Composite: penalty for the specified combination is SPECIFIC (for attempted rape with homicide, reclusion
perpetua to death; for rape with homicide, death);
o Complex/compound: penalty is that which corresponds to the most serious offense, imposed in the
maximum period;
Composite: absorbs a light felony that accompanies the composite crime;
o Complex/compound: light felony that accompanies the complex/compound crime may be subject of
a separate information.

Art. 266-B of the RPC sets the penalty for attempted rape with homicide and for rape with homicide. In both composite
crimes, the homicide is committed by reason of or on the occasion of rape.
By reason of: killing is DUE to the rape, the offense originally sought to be committed and the victim of the
rape is also the victim of the murder.
On the occasion of: refer to a killing that occurs IMMEDIATELY before or after, or DURING the commission
itself of the attempted or consummated rape, where the victim of the homicide may be a person other than the
rape victim herself for as long as the killing is linked to the rape. (LEGISLATIVE INTENT)
o [Senator Shahani responding to Senator Enrile]: It will have to be linked with the rape itself, and the
homicide is committed with a very short time lapse. xxx xxx xxx [T]he instance which was brought
up by the good senator from Cagayan where, let us say, the offender is fleeing the place or is
apprehended by the police and he commits homicide, I think would be examples where the phrase on
the occasion thereof would apply. But the principal intent, Mr. President, is rape.

FACTS:
Marita was 4 yrs.,8 mos. old on 2 Jul 1999 (b. 29 Oct 1994) the day she died from strangulation.

DODOT RAPE WITH HOMICIDE

 o That morning, she was playing at the rear of their home (Caloocan) after a while, her mother, Julia,
noticed that she was missing.
o At 12nn, Julia called Manito, Maritas father, (who was at work) to tell him about their missing daughter
by 2p the couple had commenced searching for their daughter.
By 11p, they still had not found her.
The next morning, 6a, they reported to the police that their daughter was missing.
o A manghuhula sought by Julia in her desperation told them that Marita would be found within 5
houses from their own.
Beside the toilet bowl inside the comfort room of an abandoned house, 5 structures away from
their home, they found Maritas lifeless body in a blue and yellow sack the blue sack used to
cover the face of Marita, the yellow sack at the back of the victim..
Marita had been tortured and strangled till death her face black and blue, and bloody.
A white rope was around her neck. (2 ft. long; around the diameter of Manitos
middle finger.)
The Police investigated.
o 2 witnesses, Aldrin Bautista (BAUTISTA) and Jovie Solidum (SOLIDUM) pointed to Edmundo Villaflores
(VILLAFLORES, a.k.a. BATMAN) as the possible perpetrator of the raping and killing of Marita.
(SEE HELD, for the facts making up the circumstantial evidence showing Villaflores guilt.)
o Villaflores was arrested on 3 Jul 1999, as he was alighting from a vehicle.
An information for rape with homicide against Villaflores was filed with the RTC.
RTC: Convicted Villaflores for rape with homicide, sentenced him to death.
CA: Affirmed the conviction, modifying to penalty imposed to reclusion perpetua, in view of RA 9346.

ISSUES:
1. Was Villaflores guilt proven beyond reasonable doubt?

HELD:
1. YES. The circumstantial evidence sufficiently established Villaflores commission of rape with homicide.
SEE DOCTRINE (On the nature of rape with homicide as a composite crime, as opposed to complex/compound
crime; about by reason of and on the occasion of)
Note evidentiary challenges and solutions:
o Rape victim is the only one able to testify on the circumstances of the commission this difficulty is
heightened in rape with homicide because if the rape victim is killed, there may be no living witnesses.
SOLUTION: the Rules of Court also allows circumstantial evidence1 to establish the commission
of the crime as well as the identity of the culprit circumstantial evidence may be resorted to
when to insist on direct testimony would ultimately lead to setting a felon free.
No greater degree of certainty is required when the evidence is circumstantial than
when it is direct in both cases, the proof guilt must be beyond reasonable doubt.
There is no hard and fast rule regarding quantity of circumstances.
For conviction based on circumstantial evidence, the following must concur (R133.4):
o There is more than one circumstance;
o The facts from which the inferences are derived are proven; and,
o The combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
SC: The State carried the burden of proving all of the elements of rape and homicide beyond reasonable doubt.

1 Direct evidence proves a fact in issue directly without any reasoning or inferences being drawn on the part of the factfinder; in
contrast, circumstantial evidence indirectly proves a fact in issue, such that the factfinder must draw an inference or reason from
circumstantial evidence.
DODOT RAPE WITH HOMICIDE
 o In order to do so, the following had to be shown:
that Villaflores had carnal knowledge of Marita;
Note that carnal knowledge of her by Villaflores would constitute statutory rape as
Marita was under 12 yo.
that he consummated the carnal knowledge without the consent of Marita; and,
Note that since Marita was under 12 yo at the time of the rape, she was deemed incapable
of giving consent to the carnal knowledge.
that he killed Marita by reason of the rape.
Case at bar: Circumstances that are sufficient to produce a conviction beyond reasonable doubt for rape with
homicide
o 10 circumstances: (items in bold, all-caps, are what the pieces of evidence tend to show)
10a, 2 Jul: Bautista and Solidum saw Villaflores being held by the hand, being led to the direction
of Villaflores house. (VILLAFLORES AS THE CULPRIT)
Marita went missing after that remained missing till her lifeless body was found the next day.
3p, 2 Jul: Solidum heard a crying and moaning child as he passed by Villaflores house.
7p, 2 Jul: Solidum saw Villaflores carrying a yellow sack that appeared to be heavy, going
towards the abandoned house were Maritas body was later found.
Manito identified the yellow sack as the same sack that covered Maritas head when her body
was discovered; he also mentioned that a blue sack covered her body.
A hidden pathway existed between the abandoned house where Maritas body was found and
Villafores house his house had a rear exit that allowed him to go to the abandoned house
without having to pass any other houses (indicating that Villaflores had access to and familiarity
with the abandoned house).
Several pieces of evidence recovered from the abandoned house were traced to Villaflores: the
white nylon rope was the same rope tied to the door of his house; the yellow sack was a wall-
covering for his toilet.
Medico-legal findings showed that Marita had died from asphyxiation by strangulation these
were consistent with the ligature marks on her neck and the multiple injuries on her body,
abrasions, hematomas, contusions, and punctured wounds. (HOMICIDE)
Marita sustained multiple deep fresh hymenal lacerations, and had fresh blood from her genitalia
injuries attributable to the insertion of a blunt object, like a human penis; the vaginal and
periurethral smears tested positive for spermatozoa confirming that the blunt object was a
human penis. (RAPE)
The body of Marita was in the second stage of flaccidity at the time of the autopsy of her cadaver
at 8p, 3 Jul, indicating that Marita had been dead for more than 24 hours (at the latest by 9p, 2
Jul 1999) coinciding with Solidum testifying that he had seen Villaflores carrying a heavy
yellow sack at around 7p. (HOMICDE)
SC added the award exemplary damages, in view of the existence of an aggravating circumstance that Marita
was below 7 yo at the time of the commission of the crime.
o Under the New Civil Code, exemplary damages may be imposed in a criminal case as part of the civil
liability when the crime was committed with one or more aggravating circumstances.

DISPOSITIVE: WHEREFORE, the Court AFFIRMS the decision promulgated by the Court of Appeals on February 22,
2007 finding and pronouncing EDMUNDO VILLAFLORES y OLANO guilty of rape with homicide, subject to the
following MODIFICATIONS, namely: (a) that he shall suffer reclusion perpetua without eligibility for parole under
Act No. 4103 (Indeterminate Sentence Law), as amended; (b) that he shall pay to the heirs of the victim the sum of
P30,000.00 as exemplary damages, in addition to the damages awarded by the Court of Appeals; and (c) that all the
awards for damages shall bear interest of 6% per annum reckoned from the finality of this decision.

DODOT RAPE WITH HOMICIDE