446 Phil. 592
CALLEJO, SR., J.:
That on or about the 9th day of November, 1995, at more or less 6:30 in the evening, at Purok United Homeowners Association, Barangay Tiniguiban, Puerto PrincesaCity, (sic) Philippines, and within the jurisdiction of this Honorable Court, the said accused, with treachery and evident premeditation, abuse of superior strength, with intent to kill and while armed with a bladed weapon, did then and there wilfully, unlawfully and feloniously assault, attack and stab therewith one Leah Rondena, thereby inflicting upon the latter multiple stab wounds in the different parts of her body, which was the direct and immediate cause of her death.A second Information, docketed as Criminal Case No. 12711, reads:
CONTRARY TO LAW with the aggravating circumstance of superior strength, treachery and evident premeditation.[2]
That on or about the 9th day of November, 1995, at more or less 6:30 in the evening, at Purok United Homeowners Association, Barangay Tiniguiban, Puerto Princesa City, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with treachery and evident premeditation, abuse of superior strength, with intent to kill and while armed with a bladed weapon, did then and there wilfully, unlawfully and feloniously assault, attack and stab therewith one Lettymar Rondena, thereby inflicting upon the latter multiple stab wounds in the different parts of his body, which was the direct and immediate cause of his death.A third Information for Frustrated Murder, docketed as Criminal Case No. 12720 was filed with the said court, the accusatory portion of which reads:
CONTRARY TO LAW with the aggravating circumstance of superior strength, treachery and evident premeditation.[3]
That on or about the 9th day of November, 1995, at more or less 6:30 in the evening, at Purok United Homeowners Association, Barangay Tiniguiban, Puerto Princesa City, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with treachery and evident premeditation, with abuse of superior strength and intent to kill, while armed with a bladed weapon did then and there wilfully, unlawfully and feloniously assault, attack and stab therewith one Princess Roan Rondina, a months (sic) old child, who as a result thereof suffered stabbed wounds in the different parts of her body, which ordinarily would cause the death of said Princess Roan Rondina, thus performing all the acts of execution which would have produced the crime of Murder as a consequence, but nevertheless did not produce it by reason or causes independent of his will, that is, by the timely and able medical attendance rendered to said Princess Roan Rondina which prevented her death.Upon arraignment, Samuel, assisted by counsel, entered a plea of not guilty to all the charges.[5] A joint trial thereupon ensued.
CONTRARY TO LAW with the aggravating circumstance of superior strength, treachery and evident premeditation.[4]
Wound numbers 6, 7, 8, 9, 10 and 11 were fatal. The most fatal wound was number 8.[10]POST MORTEM FINDINGSCAUSE OF DEATH: Shock, Hypovolemic, secondary to Hemorrhage, massive, secondary to Multiple Stab Wounds.[9]
- Stab wound, sutured about 5 cm. length, at the proximal 3rd, lateral aspect of the right arm, directed medially, penetrating the right deltoid and the pectoralis major muscles up to the level of midclavicular line.
- Stab wound, sutured, 2 cm. length and 1.5 cm deep, at the proximal 3rd, anterior aspect of right arm.
- Stab wound, sutured, 4 cm. length and 5 cm deep, at the proximal 3rd, lateral aspect of right forearm, through and through, producing a 2 cm length wound at the posterior aspect.
- Incised wound, sutured, 2 cm length and 1 cm deep at the distal 3rd, anterior aspect of the right forearm.
- Incised wound, sutured, 4 cm length and 1.5 cm deep, at the proximal 3rd, posterior aspect of the right forearm.
- Stab wound, sutured, 4 cm length and 12 cm deep, at the 2nd ICS, Right anterior axillary line, directed medially, penetrating the upper lobe of the right lung.
- Stab wound, gaping, about 2 cm length and 10 cm deep at the 7th ICS, right midaxillary line, directed upwards and medially, penetrating the lower lobe of the right lung.
- Stab wound, sutured, about 3 cm length and 10 cm deep at the 7th ICS, right midclavicular line, directed downwards and posteriorly, penetrating the diaphragm and the anterior lobe of the liver.
- Stab wound, sutured, about 2.5 cm length and 8 cm. deep, at the 5th ICS, left Midclavicular line, directed downwards and laterally, penetrating the lower lobe of the left lung.
- Stab wound, sutured, about 2 cm length and 6 cm deep, at the 4th ICS, left midclavicular line, directed downwards and posteriorly, penetrating the lower lobe of the left lung.
- Stab wound, sutured, about 4 cm length and 10 cm deep, at the 7th ICS, left anterior axillary line, directed downwards and medially, penetrating the peritoneal cavity and the spleen.
- Stab wound, sutured, about 3 cm length and 2 cm deep, at the middle 3rd, anterior aspect of the left arm.
- Stab wound, sutured, about 2 cm length and 1 cm deep, at the middle 3rd, medial aspect of the left arm.
- Incised wound, sutured, about 4 cm length and 2 cm deep, at the middle 3rd, posterior aspect of left arm.
- Stab wound, sutured, about 3 cm length and 2.5 cm deep, at the left midscapular line, level of T4.
- Stab wound, sutured, about 4 cm length and 3 cm deep, at the right paravertebral portion, level of T10.
- Stab wound, sutured, about 5 cm length and 2 cm deep, at the right midscapular line, level of T5
- Incised wound, about 2 cm length and 0.5 cm deep at the anterior aspect of the left knee.
Stab wound No. 1 was most fatal. The wounds sustained by Leah and Lettymar were caused by a sharp-pointed and sharp-edged instrument.POST MORTEM FINDINGSCAUSE OF DEATH: SHOCK, hypovolemic, secondary to hemorrage, massive, secondary to Multiple Stab wounds.[11]
- Stab wound, gaping, about 3.5 cm length at the 5th intercostal space (ICS), right midclavicular line, directed upwards and medially, penetrating the lower lobe of the right lung, the pericardium and the right auricle and right ventricle of the heart
- Stab wound, gaping, about 4 cm length and 8 cm deep at the right anterior axillary line, level of 2nd ICS directed upwards and medially, penetrating the pectoralis major muscle, and producing an incomplete fracture at the middle 3rd portion of the right clavicle.
- Stab wound, about 4 cm length and 1 cm deep, subcutaneously, level of 2nd ICS, right midclavicular line, directed medially, through and through, producing a 2 cm-length wound at the right parasternal line.
- Stab wound, about 4 cm length at the lumbar portion of the abdomen, left side, penetrating the peritoneal cavity producing a herniation of the intestine.
- Stab wound, gaping, about 6 cm length at the dorsum of the right hand, between the 4th and 5th metacarpal bones, producing a through and through 3-cm-wound at the palmar aspect.
- Incised wound, about 3 cm length and 2 cm deep at the medial aspect of the right wrist.
- Stab wound, gaping, about 5 cm length and 6 cm deep, at the distal 3rd, anterior aspect of the left arm, directed upwards and laterally, penetrating the deltoid muscle.
- Incised wound, about 7 cm length and 0.5 cm deep at the proximal 3rd, anterior aspect of the left forearm.
- Stab wound, about 2 cm length and 0.5 cm deep at the anterior aspect of the left wrist.
- Stab wound, about 3 cm length and 4 cm deep of the middle 3rd, medial aspect of (L) forearm directed upwards and laterally, penetrating the subcutaneous tissue producing a through and through wound at the posterior aspect, measuring about 2 cm.
- Stab wound, about 3 cm length and 1 cm deep at the level of T5, left midscapular line.
- Hemothorax – 500 cc and Hemopericardium – 250 cc
Dr. Curameng opined that the wounds sustained by Princess Roan were superficial and would not cause her death. Princess Roan was confined in the hospital from November 9, 1995 up to November 13, 1995.xxx xxx xxx
4 cm incised wound (R) 4th intercostal space anterior axillary line
1.5 Lacerated wound (L) iliac b/r synphysis pubis & superior iliac crest
12 cm incised wound (L) thigh anterior medial aspect proximal 3rd
5 cm incised wound (L) leg anterior aspect proximal 3rd
7 cm incised wound (R) leg posterior aspect distal 3rd[12]
WHEREFORE, foregoing premises considered, a joint judgment is hereby rendered in:SO ORDERED.[14]
- CRIMINAL CASE NO. 12719 – finding the accused Samuel Loreto guilty beyond reasonable doubt as principal of the crime of murder and appreciating against him the specific aggravating circumstance of taking advantage and use of superior strength, without any mitigating circumstances to offset the same and pursuant to the provisions of Art. 248 of the Revised Penal Code as amended by Sec. 6 of Republic Act No. 7659, in relation to the provisions of the second par., No. 1 of Art. 63 of the Revised Penal Code, he is hereby sentenced to DEATH in the manner provided for by law, to pay the heirs of the deceased LEAH RONDINA
- Actual and compensatory damages – P20,000.00
- Moral damages – P20,000.00
- Civil indemnity for the death of the victim, Leah Rondina – P50,000.00; and to pay the costs.
- CRIMINAL CASE NO. 12711 – finding the accused Samuel Loreto guilty beyond reasonable doubt as principal of the crime of Homicide, and there being no modifying circumstances appreciated, and being entitled to the application of the Indeterminate Sentence Law, he is hereby sentenced to an indeterminate penalty ranging from the minimum of NINE (9) years of Prision Mayor in its medium period of FIFTEEN (15) YEARS of Reclusion Temporal in its medium period; with the accessory penalty and perpetual absolute disqualifications; to pay the heirs of the deceased LETTYMAR RONDINA:
CRIMINAL CASE NO. 12720 – finding the accused Samuel Loreto guilty beyond reasonable doubt as principal of the crime of Slight Physical Injuries, and there being no modifying circumstances appreciated, he is hereby sentenced to a penalty of imprisonment of TWENTY (20) DAYS of Arresto Menor in its medium period; to pay the victim Princess Roan Rondina actual damages of P5,000.00; and to pay the costs.
- Actual and compensatory damages – P20,000.00
- Moral damages – P20,000.00
- Civil indemnity for the death of the victim, Lettymar Rondina – P50,000.00; and to pay the costs.
I
THE TRIAL COURT ERRED IN APPRECIATING THE AGGRAVATING CIRCUMSTANCE OF TAKING ADVANTAGE OF SUPERIOR STRENGTH AGAINST ACCUSED IN THE KILLING OF LEAH RONDINA.II
THE TRIAL COURT ERRED IN RELYING MAINLY ON CIRCUMSTANTIAL EVIDENCE AS BASIS FOR THE CONVICTION OF THE ACCUSED IN THE KILLING OF LETTYMAR RONDINA AND INJURING PRINCESS ROAN RONDINA.III
THE TRIAL COURT ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIMES OF MURDER, HOMICIDE AND SLIGHT PHYSICAL INJURIES.[15]
(a) There is more than one circumstance;No general rule can be laid down as to the number of circumstances that must be adduced in evidence to prove the guilt of the accused. What is paramount is that all the circumstances proved must be consistent with each other, consistent with the hypothesis that the accused is guilty and at the same time inconsistent with the hypothesis that he is innocent and with every other rational hypothesis except that of guilt. The facts and circumstances must be such as are absolutely incompatible upon any reasonable hypothesis with the innocence of the accused and incapable of explanation upon any reasonable hypothesis other that of the guilt of the accused.[18] Circumstantial evidence is sufficient as basis for conviction if it constitutes an unbroken chain leading to one fair and reasonable conclusion proving that accused-appellant is the author of the crimes charged, to the exclusion of all others.[19] In these cases, the trial court declared that the prosecution adduced a web of circumstantial evidence proving that accused-appellant indeed killed Lettymar and inflicted the injuries on Princess Roan:
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.[17]
The Court agrees with the trial court. The prosecution proved that: (a) on November 9, 1995, Lettymar and Leah were in the house of Rolando and took care of Princess Roan, while Rolando and his wife were out of the house; (b) the houses of Dan and Rolando were adjacent to each other and separated only by a fence; (c) In the evening of November 9, 1995 at about 6:30 p.m., accused-appellant was in the house of Rolando, armed with a knife; (d) Leah emerged from the house of Rolando and fled towards the house of Dan Loreto for sanctuary and shouted: “Uncle Sam, Uncle Sam!” (referring to accused-appellant); thereafter, the latter, armed with a knife, also emerged from the house of Rolando and followed Leah at a brisk pace; (e) Leah managed to enter the house of Dan through the main door of said house; (f) accused-appellant entered the house of Dan through the kitchen door and rushed to the sala of the house; (g) once inside, accused-appellant found Leah and stabbed her no less than eighteen times on her arms and other portions of her body, six of such wounds were fatal; (h) Lettymar was found dead near the door of the house of Rolando with eleven stab wounds and his intestines protruding from his abdomen,; (i) Princess Roan was found near the cereza tree, about two meters from the water pump, and she had incised and lacerated wounds; (j) accused-appellant fled from the house of Dan and hid in the house of his other brother, Elias where he was arrested by police authorities at about 10:30 p.m. that same night; and (k) the wounds sustained by the victims were caused by a sharp-edged and sharp-pointed weapon.
- The bodies of three victims, Leah, Lettymar and Roan all surnamed Rondina were found and lifted only few meters from each other.
- In the evening of November 9, 1995, accused Samuel Loreto was seen holding an eight inches knife and going after the bloodied Leah Rondina in a brisk manner while the latter was running away. Leah Rondina was seen running and screaming coming from her house towards the door of the Loreto residence while accused Samuel Loreto, then armed with an eight inches knife was going after her in a brisk manner.
- At about the same time the accused was seen stabbing Leah Rondina in the sala of the house of Loreto family. Thereafter the sprawled body of Leah Rondina was found in the canal about two (2) meters from the door of the house of Loreto family.
- Likewise on the same evening, Lettymar Rondina, whose intestines were already protruding from his stomach and who appears to be dead was found near the door of the house of the Rondina family.
- At about the same time, the three months old baby (Princess Roan Rondina) was lifted near the cereza tree about two meters from the water pump situated beside the house of the Loreto family.
- The distance the house of Loreto family to the house of the Rondina family is only twenty (20) meters.
- Prior to November 9, 1995, accused Samuel Loreto has been residing in the house of his brother (Dan Loreto) for about one month.
- Few days before the incident the accused was observed to be restless.[20]
The victim, Leah Rondina, is a girl only Twelve (12) years of age unarmed when brutally slain. On the contrary, the accused is a man of legal age and armed with an eight inches knife. Considering the gender, age, height, built, size, and agility of the accused, he is much superior in strength and disposition than the hapless and innocent victim. The use of a bladed weapon even if already superior in physical strength in killing the victim is indicative of the accused’s unmistakable intent of taking advantage of his superior strength.[21]However, the trial court further declared that treachery was attendant but can no longer be appreciated against accused-appellant because treachery absorbed abuse of superior strength, citing the decision of this Court in People vs. Molato.[22] The Court agrees with the ruling of the trial court that abuse of superior strength is absorbed in treachery, hence, abuse of superior strength is not a separate and distinct aggravating circumstance. However, the Court does not agree with the ruling of the trial court that although treachery absorbed abuse of superior strength, it is abuse of superior strength and not treachery which qualified the crime. What should qualify the crime is treachery as proved and not abuse of superior strength. If treachery is not proved but abuse of superior strength was proved by the prosecution, the crime is qualified by abuse of superior strength.
There is nothing to the argument that the accused was erroneously convicted of murder. An attack made by a man with a deadly weapon upon an unarmed and defenseless woman constitutes the circumstance of abuse of that superiority which his sex and the weapon used in the act afforded him, and from which the woman was unable to defend herself. (U.S. vs. Camiloy, 36 Phil., 757; U.S. vs. Consuelo, 13 Phil., 612; People vs. Quesada, 62 Phil., 446), The circumstance of abuse of superior strength was, therefore, correctly appreciated by the trial court, as qualifying the offense as murder. xxx.[24]The prosecution failed to prove that the crime was qualified by treachery. Case law has it that the killing of minor children by adults qualifies the crime to murder even if the manner or mode of aggression or attack is not shown, the reason being that minor children by reason of their tender years cannot possibly defend themselves.[25] However, in this case, the prosecution failed to prove that Leah was a minor at the time of the commission of the crime. Although the trial court found and declared that Leah was 12 years old, such declaration was based merely on the Medico-Legal Report[26] and the sworn statement of Susan Loreto who is not related to Leah, which documents indicate that Leah was 12 years old at the time she was stabbed by accused-appellant.[27] There is no evidence showing how and from whom Dra. Vigonte learned that Leah was 12 years old. With respect to proving the age of Leah, the medico-legal report of Dra. Vigonte and the sworn statement of Susan Loreto are hearsay evidence and hence, incompetent to prove the allegation that she was 12 years old at the time of her death. The prosecution was burdened to adduce in evidence the birth certificate of Leah to prove her age at the time the crime was committed, even if accused-appellant did not dispute the precise age of the victim.[28] The prosecution also failed to adduce in evidence in Criminal Case No. 12711 the birth certificate of Lettymar to prove that he was 9 years old when he was killed. The trial court relied merely on the medico-legal report of Dra. Vigonte to prove the age of the victim at the time he was killed. Since the prosecution failed to prove any qualifying circumstance attendant to the killing of Lettymar, the conviction of accused-appellant of homicide is correct. The Court also agrees with the ruling of the trial court that in Criminal Case No. 12720 accused-appellant is guilty only of slight physical injuries absent in evidence the intent of accused-appellant to kill Princess Roan.