693 Phil. 629
PERALTA, J.:
That on or about October 3, 2000, in the City of San Pablo, Republic of the Philippines and within the jurisdiction of this Honorable Court, the accused above-named, with intent to gain, did then and there willfully, unlawfully, and feloniously enter the premises of SPOUSES HENRY and MA. LOURDES VERGARA, located at Brgy. San Cristobal, this city, and once inside and finding an opportune time, did then and there take, steal and carry away cash money amounting to P2,000.00, Philippine Currency, belonging to said Spouses Henry and Ma. Lourdes Vergara, by means of violence against or intimidation of persons and by reason of or on the occasion of said robbery, said accused attack[ed] and stab[bed] to death his immediate employer Ma. Lourdes Vergara with a bladed weapon with which the accused was then conveniently provided, thereby inflicting wounds upon the person of said Ma. Lourdes Vergara which caused her immediate death.
CONTRARY TO LAW.[5]
The prosecution presented six (6) witnesses, as well as documentary evidence to prove its case.
The first witness for the prosecution was Dr. Lucy Andal Celino (Celino), the physician who examined the remains of the victim, Lourdes Vergara. Celino is the Health Officer of San Pablo City. She testified that she conducted a necropsy of the victim on October 3, 2000 at 4:15 p.m., and that she prepared a Necropsy Report which states that the victim died of shock and hemorrhage secondary to multiple stab wounds all over her body, some of which damaged her heart, lungs, and liver. Celino also stated that the location of stab wounds, abrasions and lacerations on the victim’s body indicated that the latter struggled against her killer. The
physician added that the perpetrator used two kinds of instruments in inflicting wounds on the victim: a sharp-pointed instrument and a pointed rounded instrument.
On cross-examination, Celino confirmed that the wounds sustained by the victim were inflicted using two different pointed instruments.
The prosecution also presented police officer Armando Demejes (Demejes), who testified that while he was on duty on October 3, 2000, he went to the house of Henry Vergara (Henry) in Barangay San Cristobal, San Pablo City to investigate a stabbing incident which occurred thereat. When Demejes arrived at the scene of the crime, Vergara informed him that [his wife], Lourdes, was stabbed to death. Demejes entered the house and saw a cadaver lying on a bamboo bed. He also looked around the house and saw that the place was in disarray. In the sala, about five to six meters away from the corpse, was an open drawer containing coins, and on the floor near the said drawer were more coins. Another drawer was pulled out from its original location and left on a couch. Demejes likewise found a blue tote bag on top of the center of the table and a passbook on top of the bed. He also saw that the door leading to the stairs was open. Demejes prepared a sketch of the crime scene to document what he saw during his investigation.
Thereafter, the prosecution presented Neville Bomiel (Bomiel), a resident of Barangay San Cristobal, San Pablo City. Bomiel testified that he had known the appellant for less than a month prior to October 3, 2000. He knew that the appellant was working for the Vergaras and resided at the latter’s rice mill. Bomiel recalled that while he was standing in front of his house in the morning of October 3, 2000, at around 10:00 a.m., he saw the appellant leave the house of the Vergaras and walk towards the direction of the school. When appellant passed by Bomiel’s house, he asked appellant where the latter was going. Appellant replied that he was on his way to Batangas for medical treatment. Bomiel noticed that appellant was wearing a yellow collared t-shirt, blue denims, and shoes. Later, he saw appellant return to the house of the Vergaras and enter the place. Afterwards, appellant left the house and passed by Bomiel’s residence a second time. Bomiel again greeted the appellant and asked him why he (appellant) had not yet left for Batangas. Appellant replied that he was still waiting for Henry. Appellant again proceeded to the direction of the school. Subsequently, Bomiel saw the appellant return to the house of the Vergaras a third time. That was the last time Bomiel saw him. Bomiel observed that on that day, appellant looked restless. (“balisa at hindi mapakali.”)
The fourth witness for the prosecution, Rolando Aquino (Aquino), likewise a resident of Barangay San Cristobal, San Pablo City, testified that he had known appellant for less than a month on October 3, 2000. He knew the appellant was hired by the Vergaras as a helper in their rice mill. In the morning of October 3, 2000, Aquino was able to talk to the appellant at the house of a certain Lola Rosy, the victim’s mother. Appellant told Aquino that he was going to Batangas that day for medical treatment. Thereafter, appellant, then wearing short pants and a t-shirt with cut-off sleeves, left the house of Lola Rosy to go [to] the rice mill. At around 8:30 a.m., Aquino again saw appellant at Lola Rosy’s house, but ppellant was already wearing a mint green-colored shirt and khaki pants. Aquino asked appellant why he had not yet left, but the latter did not answer and appeared restless. Later that morning, at around 11:30 a.m., Aquino learned that Lourdes had been killed. He rushed to the house of the Vergaras and saw the victim lying on a bamboo bed, drenched in blood. Aquino then noticed that the appellant’s personal belongings which were kept by the appellant underneath the bamboo bed were no longer there. He further testified that he did not see appellant return to San Cristobal after October 3, 2000.
Henry Vergara also testified before the trial court. He said that he and the victim hired appellant as a helper in their rice mill in September 2000. Appellant slept in the house of Henry’s mother-in-law, Rosy, but kept his personal belongings in their house (the Vergaras house), specifically under the bamboo bed where Lourdes’ corpse was discovered on October 3, 2000 at past 11:00 a.m.
At around 5:30 in the morning of October 3, 2000, appellant asked Henry for permission to go to Batangas. Henry asked appellant to fetch a certain Junjun to be his replacement as Henry’s helper in their store in Dolores, Quezon that day. Henry left their house in San Cristobal at 6:00 a.m. to tend their store in Quezon and stayed in the store until 11:00 a.m. before heading back home. When he arrived at their house in San Cristobal, he noticed that the door was slightly open. He called for Lourdes, but nobody answered. He immediately entered their house and saw that the door of their rice mill was closed. This caused him to suspect that something was wrong. He then noticed that coins were scattered on the floor. He proceeded to the kitchen and saw Lourdes lying on the bamboo bed, lifeless and bloodied in the chest and stomach areas.
Henry thereafter ran to the house of his brother-in-law, Wanito Avanzado (Avanzado), who also resided in San Cristobal. Henry told Avanzado that Lourdes was already dead. Avanzado then ran to the house of the Vergaras.
Henry recalled that before he left for their store in Quezon that day, he left appellant, his wife and their children in their house. He also remembered that cash amounting to Two Thousand Pesos (P2,000.00) was left inside the drawer in their rice mill. However, when he looked for the money after he discovered that his wife was killed, he could no longer find it.
Henry also testified that he did not see the appellant in their house when he went home from Quezon and that appellant’s personal effects were no longer under the bamboo bed where appellant used to keep them. He did not see appellant anymore after he left their house on October 3, 2000.
Lastly, the prosecution presented as witness Avanzado, the brother of the victim. Avanzado testified that at around 11:00 a.m. on October 3, 2000, he saw his brother-in-law, Henry, running towards his (Avanzado’s) house and shouting “Si Aloy”, the victim’s nickname. He ran to the house of the Vergaras and saw his sister’s bloodied body on the bamboo bed. Avanzado tried to lift her body, but her neck was already stiff. After he was sure that Lourdes was indeed dead, he called up the police and requested them to investigate the incident. When the police arrived, they took pictures of the crime scene and conducted an investigation.
Avanzado further stated that he knew that the appellant was a helper of the Vergaras. He said that he was told by several residents of San Cristobal that they saw appellant leaving the scene of the crime with a bag.
He also narrated that as Barangay Chairman of San Cristobal, he coordinated with the police for the apprehension of the appellant. Avanzado went with some police officers to Talisay, Batangas to search for appellant in the house of his uncle, but appellant was not there. Later, Avanzado received information that appellant was apprehended in Capiz, but was released by police authorities because the latter were worried that they would be charged with illegal detention. Avanzado then sought the assistance of the staff of Kabalikat, a program aired by the ABS-CBN Broadcasting Company. Appellant was subsequently apprehended and brought back to San Pablo City to face the charge against him.[7]
WHEREFORE, IN VIEW OF THE FOREGOING CONSIDERATIONS, the Court finds accused RAUL BERIBER y FUENTES @ JERRY FUENTES y IGNACIO @ GERRY BERIBER @ “Bong”, @ “Raul Fuentes” guilty beyond reasonable doubt of the crime of Robbery with Homicide defined and penalized under Article 294 of the Revised Penal Code and he is hereby sentenced the supreme and capital penalty of DEATH, with costs.
He is further sentenced to pay the heirs of the deceased:a) the sum of P50,000.00 as death indemnity;SO ORDERED.[10]
b) the sum of P2,000.00 representing the stolen cash;
c) the sum of P200,000.00 as moral and exemplary damages; and
d) the sum of P100,000.00 representing burial and other incidental expenses of the victim.
WHEREFORE, the Decision of the Regional Trial Court of San Pablo City, Branch 32, in Criminal Case No. 12621-SP (00), is hereby VACATED and SET ASIDE, and the case REMANDED to said court for its proper disposition, including the conduct of further appropriate proceedings and the reception of evidence. For this purpose, the proper law enforcement officers are directed to TRANSFER appellant RAUL BERIBER y FUENTES from the New Bilibid Prison where he is presently committed to the BJMP Jail in San Pablo City, with adequate security escort, where he shall be DETAINED for the duration of the proceedings in the trial court.
The Regional Trial Court of San Pablo City, Branch 32 is directed to dispose of the case with dispatch.
SO ORDERED.[12]
WHEREFORE, IN VIEW OF THE FOREGOING CONSIDERATIONS, the Court finds accused RAUL BERIBER y FUENTES @ JERRY FUENTES y IGNACIO @ GERRY BERIBER @ “Bong,” @ “Raul Fuentes” guilty beyond reasonable doubt of the crime of Robbery with Homicide defined and penalized under Article 294 of the Revised Penal Code, and considering the absence of any aggravating circumstance which merits the imposition of the maximum penalty of death, and conformably with Article 63 (2) of the Revised Penal Code which provides that when the law prescribes two indivisible penalties and there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied, accused RAUL BERIBER y FUENTES @ JERRY FUENTES y IGNACIO @ GERRY BERIBER @ “Bong,” @ “Raul Fuentes” is sentenced to suffer the penalty of RECLUSION PERPETUA with costs.
He is further sentenced to pay the heirs of the deceased:a) the sum of P50,000.00 as death indemnity;SO ORDERED.[15]
b) the sum of P2,000.00 representing the stolen cash;
c) the sum of P200,000.00 as moral and exemplary damages; and
d) the sum of P100,000.00 representing burial and other incidental expenses of the victim.
x x x 1. accused was at the locus criminis at around the time of the stabbing incident; 2. witnesses testified seeing him at the scene of the crime going in and going out of the house of the victim at the time of the perpetration of the crime; 3. accused, in his own admission mentioned that he was going to Batangas for medical treatment, however, when the policemen, together with the Barangay Chairman went to Talisay, Batangas where he lives, he was nowhere to be found; 4. immediately after the incident, the witnesses and the offended party noticed that all his clothes kept underneath the bamboo bed where the victim was found sprouted with blood were all gone because he took everything with him although his intention was merely for medical treatment in Batangas; 5. he mentioned that he was then still waiting for Kuya Henry, husband of Lourdes, when he had already a talk with Henry Vergara that he will go to Batangas for medical treatment that did not materialize; 6. after the killing incident, accused simply disappeared and did not return anymore; 7. when he was confronted by Henry Vergara concerning the killing, he could not talk to extricate himself from the accusation; and 8. that he has been using several aliases to hide his true identity.[16]
WHEREFORE, the appeal is DENIED for lack of merit. The Judgment dated July 7, 2005 of the Regional Trial Court, Branch 32 of San Pablo City in Criminal Case No. 12621-SP (00) finding Raul Beriber y Fuentes, @ Jerry Fuentes y Ignacio, @ Gerry Beriber, @ “Bong,”@ “Raul Fuentes” GUILTY beyond reasonable doubt of the crime of Robbery with Homicide defined and penalized under Article 294 of the Revised Penal Code, for which he is sentenced to suffer the penalty of RECLUSION PERPETUA is hereby AFFIRMED with the MODIFICATION in that the damages to be awarded the heirs of Ma. Lourdes Vergara shall be: a) P50,000.00 as civil indemnity; b) P2,000.00 as actual damages; c) P25,000.00 as temperate damages; and d) P50,000.00 as moral damages.[17]
THE COURT A QUO ERRED IN FINDING THE ACCUSEDAPPELLANT GUILTY OF THE CRIME CHARGED DESPITE THE PROSECUTION’S FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.[20]
x x x The Court found the accused to be firm in his stand not to present any evidence as both manifested by his counsel and by himself. The Court therefore ordered the accused Raul Beriber y Fuentes to be placed on the witness stand and questions were propounded on him by the Court. x x x he reiterated his stand on waiver to present evidence as his defense; when asked by the Court why, he answered “none”; he does not know of any reason why he should defend himself despite the fact that the charge against him is very serious and punishable by death; he could not tell of any reason why he would not like to bring out his defense in this case; he is aware that by not presenting and waiving his right to present evidence for his defense, he knew that he could be sentenced to death as the Court did.[32]