G.R. NO. 174056 [Formerly G.R. No. 138257] - THE PEOPLE OF THE PHILIPPINES, VS. ROGELIO GUMIMBA Y MORADANTE ALIAS ROWING AND RONTE ABABO (ACQUITTED), - Supreme Court E-Library

Ruling

accordingly entered a plea of guilty. [9] The court conducted an inquiry to ascertain the voluntariness of appellant's plea and his full comprehension of the consequences thereof. Prosecution was likewise charged to establish the guilt and degree of culpability of appellant. [10] In accordance with the court's directive, the prosecution continued with the presentation of its evidence in chief. It presented Dr. Pedrita Rosauro, the physician who conducted the autopsy on the body of the victim, and who testified that the victim was raped before she was killed. The examination by Dr. Rosauro revealed that AAA sustained four (4) stab wounds in front, two (2) stab wounds in her back and one (1) lacerated wound each on her neck and on her middle upper extremity. Furthermore, she found 6 and 12 o'clock laceration wounds on the external genital organ of the victim. [11] Before resting its case, the prosecution presented appellant as witness against his co-accused Abapo. Appellant testified that he and Abapo raped and killed the victim. He likewise explained that he had previously confessed to Magallano, Arañas and Acapulco that he alone committed the crime in the hope that the parents of the victim, who were relatives of his, might take pity on him. [12] In his defense, Abapo testified that at the time the crime was allegedly committed, he was with his mother and three (3) siblings at the Labo River, about two (2) kilometers away from Barangay Pantaon, washing their clothes. [13] In support thereof, Abapo presented his mother Virgencita Abapo, Elisa Carreon and Raymundo Orot, all of whom corroborated his alibi. [14] The defense also presented witness Arañas who reiterated his earlier testimony that appellant confessed to him that he alone was responsible for the raping and killing of the victim. [15] Finally, Eugenio Bucog, a teacher at Capucao Elementary School, was presented to demonstrate Abapo's good character when he was his student. [16] On 10 March 1999, the RTC promulgated its Decision. On the basis of appellant's plea of guilty, the RTC found him guilty beyond reasonable doubt of the crime as charged. Appellant was sentenced to suffer the death penalty and ordered to indemnify the heirs of the victim in the amounts of P50,000.00 as indemnity for the life of the victim, P30,000.00 as moral damages, and costs. [17] On the other hand, the trial court acquitted Abapo on the ground that his guilt was not established beyond reasonable doubt. Except for the lone testimony of appellant, the RTC held that no other evidence was adduced to prove the participation of Abapo. Moreover, the court a quo found that appellant's testimony implicating Abapo was not worthy of credence coming as it did from a polluted source. [18] With the death penalty imposed on appellant, the case was elevated to this Court on automatic review. Pursuant to this Court's decision in People v. Mateo , [19] the case was transferred to the Court of Appeals. On 26 April 2006, the appell