429 Phil. 511
MELO, J.:
Dr. Arañas testified that the mother, Laura Robles, sustained 43 incise and stab wounds (ibid, p. 31). The stab wounds were on the left side of the head around the left ear and most are on the trunk, specifically at the back (ibid). The back of the victim, to be exact, sustained 19 stab wounds (ibid, p. 34). One of the most fatal wounds in the front portion of the body of the victim is wound no. 10 because it pierced her heart and that alone could have caused the spontaneous death of the victim (ibid, p. 33). There are eight (8) fatal stab wounds at the back of the victim which penetrated the right lung, left lung and the liver.For the killing of Laura and Lara Robles, herein appellant Donato Cruz y Malejana was arrested by police authorities and subsequently charged before the Regional Trial Court of the National Capital Judicial Region (Branch 63, Pasig City) with two counts of murder. In addition, appellant was also charged with theft for stealing a camera and cash. The three Informations read as follows:
Dr. Arañas also testified that the five-year old victim, Lauren “Lara” Robles, sustained four (4) stab wounds, three (3) of which are fatal, and multiple abrasions on the neck (ibid, p. 39). Stab wound no. 2 pierced the heart of Lara while stab wounds nos. 4 and 5 pierced the left lung (ibid).(pp. 130-131, Rollo.)
For the death of Laura RoblesHowever, even before the above-mentioned informations could be filed in court, appellant, in a sworn statement before the investigating police authorities (p. 96, Annex “B”, Record), confessed to the crimes. This confession was made with the assistance of counsel in the presence of appellant’s wife and mother. Appellant admitted that he was high on drugs when he committed the killings. His confession, as summarized by the Office of the Prosecutor, is as follows:The prosecution, through the undersigned Public prosecutor, charges Donato Cruz y Malejana with the crime of murder, committed as follows:
On or about September 12, 1996 in Pasig City and within the jurisdiction of this Honorable Court, the accused, with intent to kill, and with abuse of superior strength, treachery and cruelty, did then and there wilfully, unlawfully and feloniously attack, assault and stab Laura Robles y Santos on her trunk with a bladed weapon, thereby inflicting upon said Laura Robles stab wounds, which directly caused her death.
Contrary to law.
For the death of Lauren “Lara” RoblesThe prosecution, through the undersigned Public prosecutor, charges Donato Cruz y Malejana with the crime of murder, committed as follows:
On or about September 12, 1996 in Pasig City and within the jurisdiction of this Honorable Court, the accused, with intent to kill, and with abuse of superior strength, treachery and cruelty, did then and there wilfully, unlawfully and feloniously attack, assault and stab Lauren “Lara” Robles y Santos, five (5) year old, on her chest with a bladed weapon, thereby inflicting upon said Lauren “Lara” Robles stab wounds, which directly caused her death.
Contrary to law.
For TheftThe prosecution, through the undersigned Public Prosecutor, charges Donato Cruz y Malejana with the crime of theft, committed as follows:
On or about September 12, 1996 in Pasig City and within the jurisdiction of this Honorable Court, the accused, with intent to gain and without the knowledge and consent of the owner, did then and there wilfully, unlawfully and feloniously take, steal and carry away the following items:
One (1) Minolta Camera P30,000.00
Cash money P 8,000.00
Dollars with an undetermined amount
all in the total amount of more or less P38,000.00, belonging to Renato M. Robles, to the damage and prejudice of the owner.
Contrary to law.(pp. 47-48, Rollo.)
In the afternoon of September 12, 1996, respondent (herein appellant) went to visit Ariel Tolentino at his house located at Tierra Verde, Santolan, Pasig City. Before he went to his friend’s house, he sniffed shabu and smoked a stick of marijuana. He also drank a bottle of beer. Proceeding to his friend’s house, however, he was not able to find him.During the trial, the defense waived its right to present any evidence. Appellant only moved for the admission of the following mitigating circumstances: (1) voluntary surrender, (2) having committed the offense under the influence of drugs, and (3) plea of guilty. The trial court admitted the plea of guilty and disregarded the other two, there being no evidence to support the same.
When respondent (herein appellant) was going out of the subdivision, he suddenly felt something unusual and found himself inside the gate of the house of the complainant. He then sat on a sofa near the kitchen. While seated on the sofa, Laura saw respondent and she became hysterical and started shouting. Respondent was rattled. Because he was feeling something unusual at that time, and thinking that he will be assaulted by Laura, respondent went inside the house, got hold of a pointed object and stabbed Laura a countless times. While he was stabbing Laura, he saw Lara coming out of a room and when she saw respondent stabbing her mother, she went back to the room where respondent followed and stabbed her with the same pointed object.(pp. 10-11, Original Records.)
WHEREFORE, premises considered, this Court finds accused, Donato Cruz y Malejana, guilty beyond reasonable doubt as principal:In this automatic review of the decision of the trial court, appellant raises the following errors allegedly committed by the trial court, to wit:
a) In Criminal Case No. 110854-H for Homicide for the killing of Laura Robles and considering the mitigating circumstance of plea of guilty in his favor and there being no aggravating circumstances on record, this Court imposes upon him the penalty of imprisonment for twelve (12) years and one (1) day to fourteen (14) years and eight (8) months of reclusion temporal and to indemnify the heir of said victim the sum of P50,000.00.
b) In Criminal Case No. 110853-H for Murder for the killing of Lauren Robles and considering the two (2) generic aggravating circumstance against accused with only the mitigating circumstance of plea of guilty in his favor, this Court imposes upon him, the supreme penalty of Death, to be implemented as provided for by law and to indemnify the heir of said victim the sum of P50,000.00.
c) Under Criminal Case No. 110855 for theft, this Court imposes upon him the penalty of imprisonment for eight (8) years, eight (8) months and one (1) day to eleven (11) years of prision mayor and to restitute to Renato Robles the sum of P8,000.00.
This Court also imposes upon the accused to pay Renato Robles moral damages in the sum of P1,000,000.00, and to pay the costs.
SO ORDERED.(pp. 118-119, Original Record)
The petition is partially meritorious.ITHE COURT A QUO ERRED IN FINDING THAT THE GENERIC AGGRAVATING CIRCUMSTANCES OF TREACHERY AND ABUSE OF SUPERIOR STRENGTH WERE ATTENDANT DURING THE MURDER OF LAUREN ROBLES DESPITE THE FACT THAT ABUSE OF SUPERIOR STRENGTH IS ALREADY ABSORBED BY TREACHERY WHICH QUALIFIES THE KILLING TO MURDER.IITHE COURT A QUO ERRED LIKEWISE IN IMPOSING THE DEATH PENALTY ON THE APPELLANT CONSIDERING THE PRESENCE OF A SINGLE MITIGATING CIRCUMSTANCE.IIINOT WITSTANDING THIS, THE COURT A QUO COMMITTED REVERSIBLE ERROR WHEN IT CONVICTED THE APPELLANT OF ONE COUNT EACH OF HOMICIDE, MURDER AND THEFT DESPITE THE FACT THAT THE PROSECUTION FAILED TO ESTABLISH HIS GUILT FOR THE SAME BEYOND REASONABLE DOUBT, AND HIS PLEAS OF GUILTY THERETO ARE IMPROVIDENT.IVBE THAT AS IT MAY, THE COURT A QUO ERRONEOUSLY CONVICTED THE APPELLANT OF ONE COUNT EACH OF HOMICIDE, MURDER AND THEFT ALTHOUGH HE SHOULD HAVE BEEN PROPERLY CHARGED WITH THE CRIME OF ROBBERY WITH HOMICIDE.(pp. 92-93, Rollo.)