killed that person without any justifying circumstance; (3) that the accused had the intention to kill, which is presumed; and (4) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Moreover, the offender is said to have performed all the acts of execution if the wound inflicted on the victim is mortal and could cause the death of the victim without medical intervention or attendance."[24] On the other hand, pertinent portions of Article 335 of the RPC (the controlling provision as the rapes were committed prior to the enactment of Republic Act No. [RA] 8353[25] in 1997) read: Article 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age or is demented. The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. xxxx "Under this provision, the elements of Rape are: (a) the offender had carnal knowledge of the victim; and (b) said carnal knowledge was accomplished through the use of force or intimidation; or the victim was deprived of reason or otherwise unconscious; or when the victim was under twelve (12) years of age or demented. The provision also states that if the act is committed either with the use of a deadly weapon or by two (2) or more persons, the crime will be Qualified Rape, necessitating the imposition of a higher penalty."[26] In this case, both the RTC and the CA were one in giving credence to AAA's positive identification that accused-appellants conspired in stabbing and mauling BBB, resulting in the latter's death; and that thereafter, Angeles proceeded to rape her while Alejandro restrained her arms to prevent her from resisting. Absent any cogent reason to the contrary, the Court defer to the findings of fact of both courts and, thereby, upholds Angeles's conviction for Rape in Crim. Case No. 73-SD(96) and Homicide in Crim. Case No. 74-SD(96), given that the elements of said crimes square with the established incidents. In People v. Antonio:[27]