THE PEOPLE OF THE PHILIPPINES, 

Plaintiff-Appellee, v. MARIO MARIANO y

ALEJANDRO alias Negro, Defendant-Appellant.

NO. L-45966, November 10, 1978

Facts:

On November 11, 1976, Mario Mariano (accused) was charged with the crime of Rape
with Homicide of Luningning Mapola, 6 years old. The victim suffered a traumatic
laceration of the vagina, injuries on the head causing hemorrhage, and other injuries
that are fatal and caused her death.

Juanita Mapola declared that Luningning was missing on Thursday, November 11, 1976
and through the information of the small boy she found the victim on the following day
at 3:00 PM in an uninhabited house in Fernandez St. Tondo Manila. The victim was
already dead with the dress rolled up to her abdomen, without panty, and her eyes
swollen with blood oozing from the left eye.

The accused pleaded guilty but denies the intention to kill the victim. The trial court
concluded from the evidence that the accused really committed the offense charged.

Issues:

Whether or not the absence of the intent to kill can be used as a defense?

Ruling:

No. Under Article 4 of the RPC. Criminal Liability shall be incurred by any person
committing a felony (delito) although the wrongful act done be different from that
which he intended.

In this case, The testimonies of Dr. Luis Larion, a prosecution witness, and Dr. Angelo
Singian, a defense witness, established beyond doubt that the death of the victim was
due to profuse hemorrhage brought about by the laceration of the vagina caused by a
stiffened male organ or by the insertion of a hard blunt object.

There is no question base on the evidence that the death of the victim was brought
about by the rape committed by the accused. Therefore, his contention of not intending
to kill the victim cannot be upheld because a person who performs a criminal act is
responsible for all the consequences of said act regardless of his intention.

The court hereby affirmed and the accused-appellant, sentenced to death and
ordered to indemnify the heirs of the victim the sum of Twelve Thousand Pesos
(P12,000.00) for the death of the latter, and the sum of Eight Thousand Pesos
(P8,000.00) as moral damages and to pay the costs.