G.R. No. 144422 . February 28, 2002.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALDRIN LICAYAN y SUCANO (At Large), accused-appellant.

FACTS

On June 25, 1999, in Salay, Misamis Oriental, five-year-old Rowena Bangcong was raped and killed. The prosecution established that accused-appellant Aldrin Licayan was drinking with the victim’s father, Romeo Bangcong, at their house. Licayan was seen embracing and kissing the child. Later, Rowena went to a neighbor’s house to watch television. Her brother, Rey Oriente, went to fetch her and saw Licayan there. Licayan told Rowena her father called her, then held her hand and dragged her into a dark area. When Rowena did not return, a search ensued. Searchers spotted Licayan, who fled. His wet and muddy clothes were noted later that night when he was offered a drink. He was arrested. The following morning, Rowena’s naked, battered body was found in a nipa swamp, as Licayan had reportedly indicated to a searcher. A postmortem confirmed rape and death by asphyxia due to submersion.
After the prosecution rested its case, Licayan escaped from detention on April 26, 2000, and remained at large. The defense counsel submitted the case for decision without presenting evidence. The trial court found Licayan guilty of Rape with Homicide and imposed the death penalty. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the trial court erred in convicting accused-appellant of Rape with Homicide based on circumstantial evidence despite his escape and the defense’s failure to present evidence.

RULING

The Supreme Court affirmed the conviction. The escape of the accused-appellant after the prosecution rested its case is a waiver of his right to be present and to present evidence. He is deemed to have submitted the case for judgment based on the evidence on record. The Court meticulously examined the circumstantial evidence, which satisfied the requisites for conviction: more than one circumstance was proven; the facts from which inferences were derived were established; and the combination of all circumstances produced a conviction beyond reasonable doubt.
The chain of circumstances was unbroken: Licayan was last seen dragging the victim away; he fled when discovered by searchers; he was found with wet, muddy clothes shortly after; he reportedly indicated where the body would be found; and the medical findings confirmed rape and homicide. His flight and failure to offer any explanation further strengthened the inference of guilt. The crime qualified under Article 266-B of the Revised Penal Code, as amended by R.A. No. 8353 , for rape committed with homicide, warranting the penalty of death. The award of damages was also affirmed.