G.R. No. 178321: October 05 2011: 674 Phil. 444

Offense Involved: Rape with Homicide

FACTS: At around 6 PM of June 6, 2000, AAA and Jennifer Patawaran-Rosal, were walking along the rice paddies on their way to apply for work at a canteen near the National Highway in Sampaloc, San Rafel, Bulacan. Suddenly, appellant, who was holding an ice pick and a lead pipee, waylaid them and forcibly brought them to a grassy area at the back of a concrete wall. Thereafter, appellant struck AAA in the head with the lead pipe causing her to feel dizzy and to fall down. When Jennifer saw this, she cried out for help but appellant also hit her on the head with the lead pipe, knocking her down. Appellant stabbed Jennifer several times with the ice pick and covered her body with thick grass. Appellant then turned to AAA wherein he hit her in the head and stabbed her on the face. While AAA was in such defenseless position, appellant raped her. Thereafter, accused covered her with grass. At that point, AAA passed out. After gaining consciousness, AAA asked for help from her uncle and she was brought to the hospital where she stayed for more than 3 weeks. Appellant denied the charges against him. He testified that he was at home cooking dinner around the time the crimes were committed. RTC found appellant guilty of the 2 crimes. He was sentenced to suffer the penalty of Reclusion Perpetua for the murder of Jennifer and Reclusion Perpetua for the rape he committed to AAA.


  1. Whether or not lower court erred in finding accused guilty beyond reasonable doubt for the death of Jennifer and for the Rape AAA?


  1. Accused is guilty beyond reasonable doubt for Rape with Homicide and Rape. The prosecution in this case was able to prove both the rape of AAA and the killing of Jennifer both perpetrated by appellant, he is liable for rape with homicide under 266-B. The facts established showed that the constitutive elements of rape with homicide were consummated. the foremost consideration in the prosecution of rape is the victim’s testimony and not the findings of the medico-legal officer. In fact, a medical examination of the victim is not indispensable in a prosecution for rape; the victim’s testimony alone, if credible, is sufficient to convict.

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