In a complex crime of rape with homicide, will the accuse can be convicted of homicide if rape is not proven?

Definitely, If rape is not proven then there is no special complex crime of rape with homicide, it is merely homicide. In the case of People v. Laspardas, 93 SCRA 638 The accused murdered 2 sister, as one of the sister was dying the accused had carnal knowledge with her. In this case, rape was proven but the victim was already dying, accused committed the crime of murder only. If in this case carnal knowledge was proven but the court did not proceed on categorizing it as a special complex crime of rape with homicide, what more if the carnal knowledge (the raping) was not proven, then definitely (in your case) homicide had been committed.

what is special complex crime? what is delito continuado?

A special complex crime is one not contemplated in art 48 (complex crime). Example is rape with homicide.

Delito Continuado or continued crime is one where the accused is impelled by a single criminal impulse but commits a series of overt acts at about the same time in about the same place and said acts violates the same offense.

The reason is that neither the criminal act nor the intention is susceptible to division.

Example: Tom, Dick and Harry agreed and decided to rob all occupants of the 6 houses one after the other, they are liable for a single offense of robbery, while they committed series of acts against several victims the said act was impelled by a single criminal intent.

what is the rule when in the occasion of robbery the robbers kill a person who is being rob wherein there is treachery and abuse of strength and with the use of unlicensed firearm?

when there is conspiracy among A, B, C and D, the accused to rob a house but in the occasion of robbing, A rape the daughter of the owner of the house without the knowledge of the other accused. what is there liability?

what if A rape the victim in the presence of his co-accuse, B, C, and D? what is there liability?

could A testify against his co-accuse considering that he rape the victim?