For automatic review before this Court is the Decision
dated August 2, 2006 of theCourt of Appeals in CA-G.R. CR.-H.C. No. 01299 affirming with modification the Decision
datedJanuary 29, 2003 of the Regional Trial Court (RTC) of Olongapo City, Branch 75. The trial courthad found accused Norberto Chiong, Luciano Bohol, and accused-appellant Jessie Maliao guiltybeyond reasonable doubt as principals of the crime of rape with homicide.In a Second Amended Information
dated April 28, 1998, Jessie Maliao, NorbertoChiong, and Luciano Bohol were charged of the crime of rape with homicide before the RTC of Olongapo City, as follows:That on or about the seventeenth (17
) day of March, 1998, in the City of Olongapo, Philippines, and within the jurisdiction of this Honorable Court, theabove-named accused, conspiring and confederating together and mutuallyhelping one another, with lewd design, and by means of force, violence or intimidation applied upon the person of one AAA,
a minor who is six (6) yearsof age, did then and there willfully, unlawfully and feloniously have carnalknowledge with said AAA, and in pursuance of their conspiracy and actingsimultaneously or otherwise, and with the qualifying circumstances of treachery,[evident] premeditation and taking advantage of their superior number and strengthto the said victim who is a minor and of tender age and with intent to kill, did thenand there willfully, unlawfully and feloniously assault, attack, strangle and hit with awooden stool said AAA which directly caused her death shortly thereafter, to thedamage and prejudice of the parents of said AAA.CONTRARY TO LAW.
During arraignment on May 26, 1998, Maliao, Chiong and Bohol pleaded not guilty.
Thereafter, trial proceeded.The prosecution presented the oral testimonies of Dr. Ronaldo Mendez, Senior Medico-Legal Officer of the National Bureau of Investigation (NBI), Dennis Alonzo, SPO2 NorbertoManinang, Jr., SPO3 Orlando Reyes, NBI Forensic Biologist I Pet Byron Buan, Atty. AlreuelaBundang Ortiz, Danilo Agrabio, Armando Tadeo, and Roel Santos. It also presented the
, pp. 134-154. Penned by Associate Justice Marina L. Buzon, with Associate JusticesRegalado E. Maambong and Lucenito N. Tagle concurring.2
Id. at 75-82. Penned by Judge Avelino A. Lazo.3
Records, pp. 41-42.4
Consistent with the Court's decision in
People v. Cabalquinto
, G.R. No. 167693, September 19,2006, 502 SCRA 419, the real name of the rape victim is withheld and, instead, fictitious initials areused to represent her. The identities of her immediate family are likewise not disclosed in this decision.5
Id. at 41.6
Id. at 55.