People of the Philippines (plaintiff-appellee) vs. Heinrich S. Ritter (accused-appellant)

Facts:- On October 10, 1986 midnight, Ritter chose 2 street children namely Jessie Ramirez and Rosario Baluyot, brought them into his room at MGM Hotel in Olongapo City.

- Ritter asked them to take a bath. While Rosario was taking a bath, Ritter took out some objects and in particular, 3 objects. One of the objects is that Ritter played with it and placed it on his palms. It is grayish blue in color and this object turned out to be the foreign object, which was inserted inside the vagina of Rosario Baluyot. Also, Ritter masturbated Ramirez and guide his hand for him to masturbate on his own as they both masturbated at each other. Rosario Baluyot on the other hand, finished taking a bath and then she was instructed by Ritter to get naked and join with them in bed. Ritter started fingering Rosario.

- Next morning, Ritter paid Ramirez with the amount of P200.00 while Rosario Baluyot was paid with the amount of P300.00. After the “American” had left, Rosario Baluyot told Ramirez that Ritter inserted something into her vagina. The following day, Ramirez saw Rosario and asked whether the object was already removed from her body and Rosario said “yes”. Ramirez claimed that on the same evening, he saw Rosario complaining of pain in her vagina and when he asked her, she said that the foreign object was not removed.

- On May 14, 1987, Gaspar Alcantara, while garbage scavenging, saw Rosario being ogled by people because her skirt was bloodied, unconscious and foul-smelling. He took pity on her condition and brought her to the hospital via jeepney. As he reached the information desk of the hospital, he was the one who gave the personal information about Rosario and signed up as her “guardian” while Rosario was already in the emergency room. He became a defense witness because he denied that he did not know any Rosario Baluyot when he brought her to the hospital.

- On May 17, 1987, after the physicians at the hospital examined her, it was found out that there was a foreign object lodged in her vaginal canal and she had vaginal discharge tinged with blood and foul smelling odor emanating from her body. Dr. Barcinal tried to extract the foreign by using forceps but it proved to be futile because the said object was deeply embedded in the vaginal canal and was covered by tissues. Rosario’s abdomen was enlarged, became tender and distended which proved to be symptoms of peritonitis. The operation on that day failed because there was no consent from the hospital director.

- On May 19, 1987, Rosario undertook the operation and Dr. Rosete, the hospital director, conducted the said operation. He found out that her fallopian tubes were congested with pus and so with the peritonieum, and the pelvic cavity, and patches of pus in the liver, although the gallbladder and kidney appeared to have septicemia, poisoning of the blood. The peritonitis and septicemia were traced to have been caused through infection by the foreign object, which has been lodged in the intra-vaginal canal of Rosario. Dr. Rosete considered the operation successful because the object was removed and the patient was alive as he left Rosario under the custody of Dr. Cruz who stayed with her for 30 minutes and then left.

- The following day, May 20, 1987, Rosario died and Dr. Leo Cruz pronounced her death at 2:00 to 2:15 in the afternoon.

- On September 25, 1987, in the corner of M.H. del Pilar Street, a male caucasian who looked like a homosexual stopped by infront of Ramirez and Johnson. They had a conversation with the male guy and then upon returning to Mr. Salonga, Ramirez said it was the “American” guy that took them at the MGM Hotel. Ritter was told that he has been charged of Rape with homicide.

- Upon seeing Ritter’s passport, it proves to be that Ritter is “Austrian” in nationality and not “American”.

Issue:Whether or not Ritter should be liable of rape with homicide.

Ruling:- The Court does not agree. Appellant is acquitted.

- The prosecution failed to prove that Rosario was only 12 years old when the incident happened. A doctor testified that the foreign object, which was inserted in Rosario’s vagina, was different from the one that which caused her death. The evidence was that Rosario told Jessie the following day after the incident happened that the foreign object inserted into her vagina was already removed. Rosario also told the doctor upon having her operation that the one who putted the said object inside of her vagina was a “Negro” when in fact; the accused was proved to be an Austrian or Caucasian.

- Article 29 provides that the acquittal of the accused on the ground that his guilt has not been proved beyond reasonable doubt does not necessarily exempt him from civil liability for the same act or omission.

- The Court cannot base an affirmance of conviction upon mere possibilities. Suspicions and possibilities are not evidence and therefore should not be taken against the accused.

- The requirement of proof, which produces in an unprejudiced mind moral certainty or conviction that the accused did commit the offense, has not been satisfied.

Doctrine: (NCC 9, 10; RPC 5)- In the case of Urbano vs. IAC, the Court pointed out that to wit: “The rule is that the death of the victim must be the direct, natural and logical consequence of the wounds inflicted upon him by the accused. And since we are dealing with a criminal conviction, the proof that the accused caused the victim's death must convince a rational mind beyond reasonable doubt.”

- In evidence, it is a well-entrenched rule that “ before conviction can be had upon circumstantial evidence, the circumstances proved should constitute an unbroken chain which leads to one fair and reasonable conclusion pointing to the defendant, to the exclusion of all others, as the author of the crime.”