1[G.R. No. 144656.May 9, 2002]THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERRICO VALLEO ! SAMARTINO "P#$E, accused-appellant.% E C I S I O NPER CURIAM&This is an appeal from the decision[1] of the Regional Trial Court, Branch 88, Cavite City, sentencingGerrico Valleo y !amartino to death and ordering him to indemnify the heirs of the victim in the amountof "1##,###$## as civil indemnity and "%#,###$## as moral damages for the rape&slaying of a '&year oldchild, (aisy (iolola, in Rosario, Cavite on )uly 1#, 1'''$The *nformation charging accused&appellant Gerrico Valleo +ith the crime of Rape +ith ,omicidealleged-.That on or a/out the 1#th day of )uly 1''', in Barangay 0igtong *, 1unicipality of Rosario, "rovince of Cavite, "hilippines and +ithin the urisdiction of this ,onora/le Trial Court, the a/ove&named accused, +ith le+d design, /y means of force and intimidation, did then and there, +illfully, unla+fully and feloniously have se2ual intercourse +ith (3*!4 (*50503 4 (*T305, a nine&year old child against the latter6s +ill and +hile raping the said victim, said accused strangled her to death$7.C58TR3R4 T5 039$7[:]3ccused&appellant +as arraigned on )uly :;, 1''' and, +ith the assistance of counsel, pleaded notguilty to the crime charged, +hereupon trial ensued$Ten (r$3ntonio !$ Vertido, medico&legal officer of the 8B*> 3tty$ 0upo 0eyva> 1ayor Renato 3/utan of Rosario,Cavite> 3tty$ !i?at 3g/unag of the "u/lic 3ttorney6s 5ffice> "et Byron Buan, 8B* @orensic Biologist> 3idaViloria&1agsipoc, 8B* @orensic Chemist> !"51 3rnel Cuevas of the Rosario, Cavite police station> and)essiemin 1ataverde and Charito "aras&4epes, /oth neigh/ors of the victim$The victim6s mother, 1a$ 8ida (iolola, testified that at around 1-## o6cloc? in the afternoon of )uly 1#,1''', shesent her '&year olddaughter (aisy(iololatotheir neigh/or6shousein"ilapil, 0igtong*,Rosario, Cavite, sothat 3imeeValleo, thesister of accused&appellant, couldhelp(aisy+ithherlessons$3imee6s house, +here accused&appellant +as also staying, is a/out four to five meters a+ayfrom (aisy6s house$1a$ 8ida sa+ her daughter go to the house of her tutor$!he +as +earing pin? shortpants and a +hite sleeveless shirt$3n hour later, (aisy came /ac? +ith accused&appellant$They +ereloo?ing for a /oo? +hich accused&appellant could copy to ma?e a dra+ing or a poster that (aisy +ouldsu/mit toher teacher$3fterfindingthe/oo?, (aisyandaccused&appellant +ent /ac?tothelatter6shouse$9hen 1a$ 8ida +o?e up at a/out %-A# o6cloc? after an afternoon nap, she noticed that (aisy +asnot yet home$!hestartedloo?ingfor her daughter andproceededtothehouseof 3imee, (aisy6stutor$3imee6s mother told 1a$ 8ida that (aisy +as not there and that 3imee +as not a/le to help (aisy+ith her lessons /ecause 3imee +as not feeling +ell as she had her menstrual period$1a$ 8ida loo?edfor (aisy in her /rother6s and sister6s houses, /ut she +as not there, either$3t a/out B-## o6cloc? thatevening, 1a$ 8ida +ent /ac? to her neigh/or6s house, and there sa+ accused&appellant, +ho told her that(aisy had gone to her classmate6s house to /orro+ a /oo?$But, +hen 1a$ 8ida +ent there, she +as toldthat (aisy had not /een there$1a$ 8ida +ent to the di?e and +as told that they sa+ (aisy playing ata/out A-A# o6cloc? in the afternoon$)essiemin 1ataverde also told 1a$ 8ida that (aisy +as playing infront of her house that afternoon and even +atched television in her house, /ut that (aisy later left +ithaccused&appellant$1a$ 8idaandher/rother andsistersearchedfor(aisythe +hole eveningof )une1#,1''', a!aturday, until the early morning of the follo+ing day, )une 11, 1''', a !unday, /ut their search provedfruitless$Then, at a/out 1#-## o6cloc? in the morning of )une 11, 1''', she +as informed that the dead/ody of her daughter +as found tied to the root of an aroma tree /y the river after the .compuerta7 /y acertain @reddie Cuinto$The /ody +as already in the /arangay hall +hen 1a$ 8ida sa+ herdaughter$(aisy +as +earing her pin? short pants +ith her sleeveless shirt tied around hernec?$BarangayCouncilmenRaul RicasaandCalring"urihinreportedtheincident totheRosario1 | P a g e E v i d e n c e S e t 1police$ Theother /arangayofficersfetchedaccused&appellant fromhishouseandtoo?himtothe/arangayhall$3t the/arangayhall, 1a$ 8idapointedtoaccused&appellant GerricoValleoasthepro/a/le suspect since he +as +ith the victim +hen she +as last seen alive$[A]3nother +itness, )essiemin 1ataverde, testified that at around A-## o6cloc? in the afternoon of thatday, she sa+ (aisy playing +ith other children outside her house$!he as?ed (aisy and her playmates tostopplayingastheir noise+as?eeping)essiemin6sone&year old/a/ya+a?e$ (aisyrelentedand+atchedtelevisioninsteadfromthedoor of )essiemin6shouse$3/out fiveminuteslater, accused&appellant came to the house and told (aisy something, as a result of +hich she +ent +ith him and thet+o proceeded to+ards the .compuerta$7)essiemin testified that at around %-## o6cloc? that afternoon, +hile she and her daughter +ere infront of a store across the street from her house, accused&appellant arrived to /uy a stic? of 1arl/orocigarette$3ccused&appellant hadonlyhis/as?et/all shortsonand+asust holdinghisshirt$Theynoticed /oth his shorts and his shirt +ere +et$3fter lighting his cigarette, accused&appellant left$[D]Charito 4epes, another neigh/or of 1a$ 8ida, also testified$!he said that at a/out D-A# o6cloc? intheafternoonof )uly1#, 1''', +hilesheandher hus/andandchildren+ere+al?ingto+ardsthe.compuerta7 near the seashore of 0igtong, Rosario, Cavite, they met a fisherman named ,erminio +hosaid that it +as a good day for catching mil?fish (bangus).@or this reason, according to this +itness, theydecided to get some fishing implements$!he said they met accused&appellant Gerrico Valleo near theseashore and noticed that he +as uneasy and loo?ed trou/led$Charito said that accused&appellant didnot even greet them, +hich +as unusual$!he also testified that accused&appellant6s shorts andshirt (sando) +ere +et, /ut his face and hair +ere not$[%]!"51 3rnel Cuevas testified that upon receipt of the report, Rosario "olice Chief Ricardo B$ de laCruE, )r$ responded to the call together +ith his men, "5: Garcia, !"51 3raracap and "5:0ariEa$9hen they arrived, (aisy6s /ody +as already in the /arangay hall$!"51 Cuevas too?photographs of the /ody$3t that time, (aisy +as +earing pin? short pants and a dirty +hite panty +ith adirty +hite sleeveless shirt +rapped around her nec?$The /ody +as after+ards ta?en to the !amson@uneral "arlor in Rosario, Cavite$The inFuiries conducted /y the police sho+ed that one @reddie Cuinto+as fishing near the compuerta +hen he accidentally hit the /ody of (aisy, +hich +as in the mud and tiedto the root of an aroma tree$3ccused&appellant +as invited /y the policemen for Fuestioning$T+o others, a certain Raymondand Gsting, +ere also ta?en into custody /ecause they +ere seen +ith accused&appellant in front of thestoreinthelateafternoonof )uly1#1'''$0ater, ho+ever, thet+o+erereleased$Basedonthestatementsof )essiemin1ataverdeandCharito"aras&4epes, thepolicemen+ent tothehouseofaccused&appellant at a/out D-##o6cloc?intheafternoonof )uly11, 1'''andrecoveredthe+hite/as?et/all shirt, +ith the name !amartino and 8o$ 1A printed at the /ac?, and the violet /as?et/all shorts,+ith the num/er ' printed on it, +orn /y accused&appellant the day /efore$The shirt and shorts, +hich+ere /loodstained, +ere turned over to the 8B* for la/oratory e2amination$[;](r$ 3ntonio !$ Vertido, 8B* 1edico&0egal 5fficer, testified that at a/out '-## o6cloc? in the evening of)uly11, 1''', heconductedaphysical e2aminationof accused&appellant$,isfindings[B] sho+edthefollo+ing-.",4!*C30 @*8(*8G!-.3/rasions- thigh, right, antero&lateral aspect, lo+er Ard %$# 2 #$1 cm$, ?nee, left, B$# 2 ;$# cm$ legs, right anterior aspect, :8$# 2 8$# cms$, left anterior aspect, :D$# 2 1#$# cms$, feet, plantar aspects> right, '$# 2 A$# cms$ and left, 1A$# 2 %$# cms$.,ematoma, left ring finger, posterior aspect, 1$# 2 #$% cm$.0acerations, left ring finger, posterior aspect, #$A cm$.