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Article 249 of the RPC states: Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceeding article, shall be deemed guilty of homicide and punished by reclusion temporal. "To successfully prosecute the crime of homicide, the following elements must be proved beyond reasonable doubt: (1) that a person was killed; (2) that the accused 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

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People v. Alejandro

Jurisprudence

Case number: G.R. No. 225608

Date of decision: Mar 13, 2017

Year of decision: 2017

GBV Case Type

Homicide
Rape

Nature of the case: A female worker of legal age joined her co-worker for a vacation in Talavera, Nueva Ecija and they stayed in the house of the latter's 62 years old mother. One fateful night, the female worker-victim was awakened by the sound of the old woman-victim's pleas for mercy and eventually the former saw the latter being mauled and stabbed to death by the two accused. Thereafter, the two accused had carnal knowledge with the female worker-victim. Consequently, 3 separate informations were filed before the RTC, each charging the accused of one (1) count of simple rape and one (1) count of homicide. Accused A was convicted of 1 count of simple rape in Crim. Case No. 72-SD(96), 1 count of simple rape in Crim. Case No. 73-SD(96) and both were convicted for homicide in Crim. Case No. 74-SD(96). Since accused A filed a Motion to Withdraw Appeal and the Supreme Court granted the same, the case at bar is closed and terminated as to him. Meanwhile, accused B's appeal was denied by the Supreme Court and thereby the same ruled that the former is guilty beyond reasonable doubt of Qualified Rape and Homicide.

Summary of outcome

Accused-appellant's appeal was denied by the Supreme Court and thereby the same ruled that the former is guilty beyond reasonable doubt of Qualified Rape and Homicide. He is sentenced to suffer the following, viz:

Imprisonment of Reclusion Perpetua and to pay the rape victim P 75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages, with legal interest at the rate of six percent (6%) per annum on all monetary awards from the date of finality of judgment until fully paid; and
Imprisonment for an indeterminate period of six (6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal, as maximum, and ordered to pay the heirs of the deceased old woman the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate damages, with legal interest at the rate of six percent (6%) per annum on all monetary awards from the date of finality of judgment until fully paid.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERLAS-BERNABE, J.

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALBERTO ALEJANDRO Y RIGOR AND JOEL ANGELES Y DE JESUS, ACCUSED-APPELLANTS.

Geolocation 1

Latitude: 15.584342

Longitude: 120.918282

: Geolocation 1

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Angeles and Alejandro.pdf
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Commission on Human Rights

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People v. Alejandro

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