G.R. No. 139333 - PEOPLE OF THE PHILIPPINES, VS. CRISPIN VELARDE Y BANDOJO.

Ruling

WHEREFORE, this Court finds the accused CRISPIN B. VELARDE GUILTY beyond reasonable doubt of Rape with Homicide and hereby sentences him to suffer the supreme penalty of Death and to indemnify the heirs of the victim the amount of P100,000.00 as actual damages. [2] The Information [3] against appellant dated June 13, 1997, reads as follows: That on or about the 12th day of May, 1997, in the [M]unicipality of Guiguinto, [P]rovince of Bulacan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs, and by means of violence and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of one Brenda Candelaria, a minor who is eight (8) years of age, against her will and consent. That on the occasion and by reason of said rape, the above-named accused, with intent to kill, did then and there wilfully, unlawfully and feloniously attack, assault and strangle said Brenda Candelaria in the neck which directly caused her death. [4] When arraigned on July 1, 1997, appellant, assisted by his counsel de oficio , [5] pleaded not guilty. [6] In due course, he was tried and found guilty. The Facts Version of the Prosecution The Office of the Solicitor General (OSG) summarized the evidence for the prosecution as follows: [7] On May 11, 1997 at around 10:00 oclock in the morning, Brenda Candelaria, an eight year old child, together with her friend Melanie Sangalang, seven years of age, was on board a pedicab driven by appellant. Upon reaching the house of Melanie, said appellant told Melanie to alight on the pretext that her mother might look for her. Melanie obeyed leaving Brenda inside the pedicab with appellant continuing his driving. In the afternoon of the same day, appellant and Brenda were seen together by Flora Bonganay in front of the latters store located near the church in Tikay riding the same pedicab. Later on, Angelita Robles while waiting for a ride saw appellant already alone emerging from a place near Doña Pilar Homes Subdivision. Angelita noticed something strange in appellants actuation as he was uneasy, haggard looking with his hair disheveled. The following day, May 12, 1997, the naked lifeless body of Brenda Candelaria was found in a grassy vacant lot along the Cagayan Valley Highway in Sta. Rita, Guiguinto, Bulacan near the Doña Pilar Homes Subdivision. Recovered beside her body were a rubber slipper, blood stained white sando, a blue and white striped t-shirt and a shoe string. Dr. Dominic Aguda, a medico-legal officer of the NBI assigned at Region III, conducted a post mortem examination on the body of the victim. His findings revealed that Brenda Candelaria was raped and strangled to death. According to the doctor, the victim died of asphyxia by manual strangulation. On the other hand, based on the leads furnished by witnesses, appellant was tagged as suspect and was brought to the Malolos Bulacan Police Station for investigation. During h