Facts: At about 6:00 o'clock in the morning of March 6, 1992, a 60 year old woman, identified as Virginia Talens was found lying dead in a canal at Bo. San Nicolas, Mexico, Pampanga; she was last seen alive at about 3:00 o'clock early morning of March 6, 1992 by Orlando Pangan and Richard Pangan who were with her going home coming from the wake of one Leonardo Flores; both Orlando and Richard Pangan testified that accused was with them in going home at about 3:00 o'clock in the morning of March 6, 1992; Orlando and Richard Pangan reached first their house and left the two on the way and that was the last time Virginia was seen alive; just a few minutes after reaching his house and while inside his house, Orlando Pangan heard a shout; another woman, one Serafia Gutierrez, testified that she likewise was awakened by a shout at about 3:00 in the morning; Dr. Aguda who autopsied the victim found hematoma on the head and chest, an abrasion on the left chin and stabwound on the neck which stabwound, the doctor claims, was the cause of death of the victim; Police Investigator Gonzales who immediately responded upon report, recovered at the scene a pin, the victim's wristwatch, earring, a ring and P135.00 money; he likewise found on March 9, 1992 when he continued his investigation bloodstain on the front door of the house of the accused which bloodstain when submitted for examination was found to be of human blood; one Resultay was with Virginia Talens at about 5:00 afternoon of March 5, 1992 in going to the wake, who claims that Virginia had money on a purse as while they were on the way Virginia bet on a jueteng she saw Virginia got money from her purse a P500.00 bill but as she had no change she instead took P8.00 from her other pocket; one Ramil Talens, a son of the victim corroborated the claim of Resultay that Virginia had with her at that time money worth P2,000.00 as in the morning of March 5, 1992 he gave her mother for safekeeping the sum of P1,500.00 which he claims his mother placed in her purse and claims further that at the wake, he asked and was given P50.00 by his mother as he also participated in the gambling thereat, however, the purse of Virginia containing about P2,000.00 was no longer to be found when she was found dead; Orlando Pangan saw the accused gambled in the wake; Virginia likewise gambled at the wake; accused had been working for three days before March 6 at Sta. Ana, Pampanga and up to March 5, 1992, but the following day, he did not anymore report for work at Sta. Ana, Pampanga, was no longer to be found and was last seen at about 3:00 morning together with Virginia Talens on their way home coming from the wake; the parents of [the] accused were informed by Investigator Gonzales that their son was the suspect and adviced them to surrender him, but since March 6, 1992 when accused left Mexico, Pampanga, he returned only on September 19, 1992 at Arayat, Pampanga, not at Mexico, Pampanga where he was ultimately apprehended by the Mexico Police on September 22, 1992 after chancing on a radio message by the police of Arayat to their Provincial commander that a vehicular incident occurred at Arayat, Pampanga where one Elmer Salas was the victim and was hospitalized at the district hospital at Arayat, Pampanga where he used the name of Rommel Salas and not Elmer Salas. The trial court rendered convicting Salas for Robbery with Homicide
Issues:
(1) Whether or Not there is evidence sufficient to sustain a conviction of the appellant of the crime of Robbery with Homicide.
(2) Whether or Not the appellant’s crime homicide or robbery with homicide.
Held: There was no eyewitness or direct evidence; either to the robbery or to the homicide and none of the things allegedly stolen were ever recovered. However, direct evidence is not the only matrix from which the trial court may draw its findings and conclusion of culpability. Resort to circumstantial evidence is essential when to insist on direct testimony would result in setting felons free.
For circumstantial evidence to be sufficient to support a conviction, all the circumstances must be consistent with each other, consistent with the theory that the accused is guilty of the offense charged, and at the same time inconsistent with the hypothesis that he is innocent and with every other possible, rational hypothesis excepting that of guilt. All the circumstances established must constitute an unbroken chain which leads to one and fair and reasonable conclusion pointing solely to the accused, to the exclusion of all other persons, as the author of the crime. The facts and circumstances consistent with the guilt of the accused and inconsistent with his innocence can constitute evidence which, in weight and probative value, may be deemed to surpass even direct evidence in its effect on the court.
The fatal stabbing of Virginia Talens occurred at around 3:00 a.m. of March 6, 1992. Appellant hastily abandoned his house in Barrio San Nicolas, Mexico, Pampanga, his residence since childhood, on that very date. Appellant was nowhere when his co-worker and barrio mate, Eduardo Bagtas, came to appellant's house to fetch him for work at around 6:30 to 7:00 a.m. of March 6, 1992. Appellant also abandoned his job as a painter in Sta. Ana, Pampanga, on March 6, 1992, the date of the crime, leaving behind an unfinished painting project. He was not seen again from said date. Police investigators found human bloodstains on the front door of appellant's house, on his clothing, and on his yellow slippers after the victim was killed. Despite efforts of the police to find appellant as the principal suspect, a fact known to appellant's family and neighbors, appellant did not present himself to the authorities. Appellant was apprehended only a full six months after the date of the crime, following his confinement in a hospital in Arayat, Pampanga because he was sideswiped by a Victory Liner bus in Arayat. When hospitalized, appellant used the alias Rommel Salas, instead of his true name Elmer Salas. These circumstances denote flight, which when unexplained, has always been considered by the courts as indicative of guilt.
Both appellant and victim gambled at the wake they attended. The victim was, in fact, enjoying a winning streak when her son, Ramil Talens, came to fetch her but which he failed to do because his mother was winning, and she refused to leave. The purse of Talens containing cash was gone when her corpse was found in the canal with a stab wound and bruises. What was left was a safety pin which victim used to fasten the missing purse to her clothes.
Denial is an inherently weak defense which must be buttressed by strong evidence of non-culpability to merit credibility. Denial is negative and self-serving and cannot be given greater evidentiary weight over the testimonies of credible witnesses who positively testified that appellant was at the locus criminis and was the last person seen with the victim alive.
The absence of evidence showing any improper motive on the part of the principal witness for the prosecution to falsely testify against the appellant strongly tends to buttress the conclusion that no such improper motive exists and that the testimony of said witnesses deserve full faith and credit.
The essence of voluntary surrender is spontaneity and the intent of the accused to give himself up and submit himself unconditionally to the authorities either because he acknowledges his guilt or he wants to save the State the trouble of having to effect his arrest. Spontaneity and intent to give one's self up are absent where the accused went into hiding for six months after the incident and had to resort to an alias when he was involved in an accident being investigated by the police authorities.
Robbery with Homicide is a special complex crime against property. Homicide is incidental to the robbery which is the main purpose of the criminal. In charging Robbery with Homicide, the onus probandi is to establish: "(a) the taking of personal property with the use of violence or intimidation against a person; (b) the property belongs to another; (c) the taking is characterized with animus lucrandi; and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is used in the generic sense, was committed." Although there was no witness as to the actual robbing of the victim, there is testimony that the victim had more or less P2,000.00; and wore gold earrings valued at P750.00. These were never recovered.
While there is indeed no direct proof that Virginia Talens was robbed at the time she was killed, we may conclude from four circumstances that the robbery occasioned her killing: (1) Both appellant and victim gambled at the wake. (2) The appellant knew that victim was winning. (3) The victim was last seen alive with appellant. (4) The victim's purse containing her money and earrings were missing from her body when found.
The decision of the regional trial court is affirmed. Costs against appellant. So ordered.
0 comments:
Post a Comment