SECOND DIVISION
[G.R. No. 130335. January 18, 2001]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESSIE OLIVO, JR. accused-appellant.
D E C I S I O N
MENDOZA,
J.:
This is an appeal from
the decision,[1] dated February 27, 1997, of the Regional
Trial Court, Branch 6, Baguio City finding accused-appellant Jessie Olivo, Jr.[2] guilty of murder and sentencing him to
suffer the penalty of reclusion perpetua and to pay the heirs of the
victim Jane Lorielinda Tacyo y Balongay[3] the sum of P50,000.00 as indemnity, P63,800.00
as actual damages, P200,000.00 as moral damages, and costs.
The information against
accused-appellant alleged:
That on or about the 13th day of June, 1996 or thereabouts, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill and taking advantage of superior strength, did then and there willfully, unlawfully and feloniously stab JANE LORIELINDA TACYO y BALONGAY with the use of a screw driver and smash her head with the use of two big rocks, thereby inflicting upon the latter neurogenic shock due to massive head crushing injuries and multiple stab wounds in the body, which injuries directly caused her death.
That in the commission of the offense there was present the
qualifying circumstances of taking advantage of superior strength in that the
accused intentionally employed excessive force out of proportion to the means
of defense available to the offended party, and scoffing in that the victim was
left to lie completely undressed and naked.[4]
Upon arraignment,
accused-appellant pleaded not guilty to the crime charged and so the trial of
the case followed.
Fourteen (14) witnesses
testified for the prosecution: Hadjie Sakiban, SPO1 Wilfredo Cabanayan, Dr.
Vladimir Villaseñor, Dr. John Tinoyan, Teody Ayong,[5] SPO4 Policarpio Cambod, Junalyn Bantasan,[6] Richard Bong Jose, Shalimar Gadang,[7] Richard Lewis Opiawen,[8] Maybelle Sacliwan,[9] Wyndell Bautista,[10] Teodoro Incan, and Jackson Sequiel.[11]
For its part, the defense
presented two (2) witnesses: Renato Pablo, an NBI Fingerprint Expert, and
Jessie Olivo, Jr., accused-appellant in this case.
The evidence of the
prosecution revealed the following facts:
In the morning of June
14, 1996, the body of a young Igorot woman was found in a canal near the
Athletic Bowl at Burnham Park in Baguio City.
The woman was naked from the waist down, her bloody face crushed beyond
recognition, her mouth open in a silent scream.[12] Her abdomen, partially covered by a pink
shirt, had several tiny stab wounds.
There were also wounds on her neck.
Scattered around the woman were a hairband, black shoes, white panties,
and a pair of dark blue pants. The
police recovered from the canal what appeared to be her personal effects,
together with two (2) rough rocks stained with blood and a screwdriver about 10
inches in length with a black handle made of plastic or rubber.[13]
The dead woman was
identified by her granduncle, Teodoro Incan, as his grandniece, Jane Lorielinda
“Lorie” Tacyo.[14] According to the police, she was seen in the
morning of June 13, 1996 at the Igorot Garden, Burnham Park. She and two companions had their picture
taken in the garden by a street photographer.
The colored picture[15]shows the victim smiling behind
accused-appellant and Maybelle Sacliwen.
Lorie wore earrings, a headband, dark blue pants, and the pink shirt
which the police found on her dead body the following day.[16]
Dr. John Tinoyan
conducted an autopsy on the cadaver of the victim at the Baguio Funeral Homes on
June 14, 1996 at 4:45 p.m. He found the
following:[17]
FINDINGS:
1. Contusion hematoma located at the right maxillary area measuring 3 by 4 cm. with surface abrasions;
2. Multiple abrasions scattered on the lower portion of the face with a surface area measurement of 6 cm. by 7 cm. by 5 cm. Internal findings revealed multiple crushing injuries, involving the jaws with complete fractures, 5 transversing lines. The base of the skull was completely showing comminuted fractures making the cervical vertebrae detached from the skull. The atlas and axis were unstable due to multiple fractures. There were subarachnoid hemorrhages on the posterior base of the skull involving the cerebellum and the brain stem.
3. Multiple stab wounds numbering all in all 8 on the anterior lower portion of the neck. The average size was 0.4 cm. width, an average depth of 5 to 6 cm. There were no signs of massive bleeding or reactions on the sight of the stab wounds. Both ends of the stab wounds were blunt.
4. Likewise, a group of stab wounds numbering all in all 10, were located on the hypogastrium, below the umbillicus. Stab wounds have the same size of 0.4 cm. in width, both ends blunt and average depth was around 6 to 7 cm. Internal findings revealed multiple penetration of the small intestine and the urinary bladder. There were no signs of massive bleeding in the abdominal cavity and tissue reactions are not evident.
5. The external genitalia was intact with no signs of abrasions or lacerations. The vagina admits 2 fingers with ease, intact vagina lining. No fluids were recovered on the posterior vaginal pouch.
CAUSE OF DEATH:
NEUROGENIC SHOCK DUE TO MASSIVE CRUSHING INJURIES OF THE HEAD.
Multiple stab wounds of the body.
Analyzing the abrasions
on the face, bone fractures, and hemorrhages in the brain, Dr. Tinoyan
concluded that Lorie was probably lying down, with the back of her head on a
rough surface, when a piece of rock struck the lower portion of her face. The injuries she sustained when her face was
hit were fatal and could have caused her instantaneous death.[18]
As regards the stab
wounds, Dr. Tinoyan said it could have been caused by a thin instrument with a
blunt end, like a screwdriver. The
victim’s body was probably stabbed after she had already died, since there was
no massive internal bleeding or tissue reaction. The hair had maggots, indicating that the victim had been dead
for about 16 to 24 hours prior to the autopsy.[19]
Shalimar Gaddang, a
former girlfriend of accused-appellant, was interviewed by the police. She said she hung out with Jane at the
Mountain Rock Disco, near the Burnham Park, on June 14, 1996, from midnight to
1 a.m. Accused-appellant arrived at the
establishment at around 2:00 a.m.
Half-an-hour later, Lorie invited Shalimar to take a walk with her and
accused-appellant. Shalimar declined
the invitation and Lorie left the disco accompanied by accused-appellant. It was the last time Shalimar saw Lorie
alive.[20]
Several friends of
accused-appellant said that the screwdriver found near Lorie’s body looked very
much like the one he usually carried in his back pocket. It was like an icepick and had a handle made
of black rubber, like the handle bars of a bike.[21]
On June 16, 1996,
accused-appellant left for Metro Manila.
At the Farmers Market in Cubao, Quezon City, he bumped into Jackson
Sequiel, a friend of his who worked at the Sphinx Massage Parlor on Aurora
Boulevard. Accused-appellant
accompanied Jackson to the establishment and found work as a masseur.
Another acquaintance of
accused-appellant was Teddy Amyong, the cashier of Sphinx. According to Teddy,
one day, accused-appellant told him about an “incident” which happened in
Baguio in the first or second week of June.
He left Baguio because someone named Lorie had been killed, and he might
be implicated in the death of the woman.[22] Accused-appellant told Jackson that if he
was arrested in connection with the killing, he would tell on his companions.
When Teddy and Jackson
returned to Baguio, they reported the matter to the police, as a result of
which the police arrested accused-appellant in Cubao and brought him back to
Baguio City.[23]
To prove damages, the
prosecution presented Teodoro Incan, the granduncle of the victim. According to Teodoro, the family of the
victim felt great pain and had already spent P63,800.00 in connection
with Lorie’s death: P3,500.00 for
embalming services; P8,000.00 for transportation of the body to Natonin,
Mt. Province; P1,200.00 for a coffin; P400.00 for the funeral services; and P50,000.00 for the
wake and several pigs that had been butchered in accordance with indigenous
custom.[24]
Testifying in his behalf,
accused-appellant, who was then 18 years old, denied any involvement in the
killing. He said that Maybelle Sacliwan
introduced him to Lorie at the Mountain Rock Disco a week before she died. He claimed that Lorie remained a mere
acquaintance as he already had a relationship with Shalimar Gaddang.[25] According to accused-appellant, the last
time he saw Lorie alive was in the morning of June 13, 1996, when the latter
and Maybelle invited him to a picture-taking session at the Igorot Garden.[26] On the night of June 13, accused-appellant
went dancing and drinking at the Mountain Rock Disco with Maybelle Sacliwan,
the latter’s boyfriend, Ruben Pasiwen, and three friends of Ruben. Lorie was not with them. The group stayed at the disco until the
following morning. At around 6 a.m. of
June 14, 1996, the friends went to the Igorot Garden and parted ways
afterwards. Without sleep,
accused-appellant got a can or bucket of water from the house of a friend and
went straight to Burnham Park to wash cars with a certain “Jim Boy.” At around
4:30 in the afternoon, he went again to the Mountain Rock Disco. He slept from 5:00 p.m. to 8 p.m. in a room
below the disco. Then he joined his
friends Tammy, Jack, and Chris in the disco.
According to accused-appellant, that was when he heard that an
unidentified person had been found dead at the Athletic Bowl.[27]
Accused-appellant said
that at 9:30 p.m., Hadjie Sakiban came and invited him and other people to go
with him to the morgue to identify the body.
Accused-appellant, in turn, invited Ruben to accompnay him to the
morgue. The group did not recognize the
dead person as her face already looked different.[28]
Hadjie told
accused-appellant that the police found the screwdriver which had been used to
stab the victim. When the group went to
the police station, accused-appellant recognized the screwdriver as the one
owned by Wyndell Bautista, a member of the Bukas Kotse gang. Wyndell used it to open cars. He first saw Wyndell carrying the
screwdriver on June 8 at the Malcolm Square, where the latter used it to strike
cement. Wyndell kept the screwdriver in
a bag. Once, while accused-appellant
was washing a car, he saw Wyndell steal the car stereo inside by opening the
door using the said screwdriver.
Accused-appellant also saw Wyndell with the screwdriver on June 13,
1996, the day before Lorie died.[29]
On June 15, 1996,
Maybelle met accused-appellant at the Burnham Park, while he was washing
cars. She told him that it was Lorie
who had been found dead near the Athletic Bowl.[30]
On June 21, 1996,
accused-appellant met Jackson Sequiel in Baguio City. Jackson invited him to work as a masseur at the Sphinx Massage
Parlor in Cubao, Metro Manila. They
left Baguio the same day, together with a security guard named “Saldo” or
“Zaldy,” whom accused-appellant believed was Teddy Amyong. One day, Zaldy told accused-appellant about
“a killing” at the Athletic Bowl in Baguio City and asked him if he was
involved. Accused-appellant said he had
nothing to do with the crime. Zaldy
also asked him if he knew who owned the screwdriver that had been found near the
body of the victim. He replied, “No,
that is the screwdriver of Wyndell Bautista.” After three weeks of working at
the Sphinx, a policeman named Robert Fangki arrested accused-appellant and took
him back to Baguio City.[31]
On the basis of the
foregoing evidence the trial court rendered its decision on February 27, 1997,
the dispositive portion of which states:
WHEREFORE, the court finds the accused, JESSIE OLIVO, JR. guilty beyond reasonable doubt of MURDER as defined and penalized under Article 248 of the Revised Penal Code, as amended by Section 6 of Republic Act 7659 as charged, and hereby sentences him to suffer the penalty of reclusion perpetua; to indemnify the heirs of the victim Jane Lorielinda Tacyo the sum of P50,000.00 as indemnity for her death; P63,800.00 as actual damages incurred in connection with her death; and P200,000.00 as moral damages all indemnifications are without subsidiary imprisonment in case of insolvency; and to pay the costs.
In the service of his sentence, the accused Jessie Olivo, Jr.,
being a detention prisoner is entitled to be credited 4/5 of his preventive
imprisonment under Article 29 of the Revised Penal Code.[32]
Hence, this appeal. Accused-appellant alleges that the evidence
on record does not satisfy the test of moral certainty to warrant his
conviction for the crime of murder.
After reviewing the
records of this case, we are of the opinion that the decision of the trial
court finding accused-appellant guilty of murder should be affirmed.
While no eyewitness
testified as to the killing of Lorie, there is sufficient circumstantial
evidence to warrant the conclusion that accused-appellant committed the
crime. To begin with, circumstantial
evidence is sufficient to prove the elements of the crime if the following
requisites are present: (1) there is more than one circumstance; (2) the facts
from which the inferences are derived are proven; and (3) the combination of
all the circumstances is such as to produce a conviction beyond a reasonable
doubt.[33]
It has been held that the
circumstances or a combination thereof should point to overt acts of the
accused, which would then lead to only one conclusion, that is, that the
accused is guilty of the crime charged.
They should be inconsistent with the theory that the accused is
innocent.[34] In this case, the following circumstances,
taken together, sufficiently establish the guilt of accused-appellant beyond
reasonable doubt:
1. Two rocks[35] and a screwdriver[36] all stained with blood were recovered from
the place where Lorie’s dead body was found. Dr. Vladimir Villaseñor of the PNP
Crime Laboratory found the two rocks and the screwdriver positive for human
blood. He also said that the
hairstrands found on the rocks belonged to the victim.[37]
2. The face of the victim
had been smashed. Her neck and stomach
bore multiple stab wounds. Dr. John
Tinoyan explained that a hard object, probably a rock, smashed the victim's
face and head, causing instantaneous death.
From the absence of tissue reaction and massive bleeding, he concluded
that the victim was already dead when her throat, neck, and stomach were
repeatedly stabbed with a blunt instrument.
The blunt instrument could be a screwdriver. Dr. Tinoyan said that the victim had been dead for 16 to 24 hours
before he conducted the autopsy on June 14, 1996 at 4:45 p.m. The victim thus probably died between 12
midnight and 2:30 a.m. on June 14, 1996.[38]
3. One of the weapons
used, a screwdriver, was recovered and positively identified as one owned by
accused-appellant. During the first
week of June 1996, Junalyn Bantasan, Wyndell Bautista, and Shalimar Gaddang,
all of whom are accused-appellant’s friends, saw the screwdriver in his
possession at Burnham Park, Malcolm Square, and Mountain Rock Disco. During their picture-taking session at the
Igorot Garden on the morning of June 13, 1996, Maybelle Sacliwen saw him with
the screwdriver. In the afternoon,
Richard Opiawen also saw accused-appellant in possession of the weapon while he
took a walk with the victim.[39]
4. On the night of June
13, 1996, accused-appellant, Lorie, Maybelle Sacliwen, Ruben Pasiwen, Shalimar
Gadang, and others were at the Mountain Rock Disco drinking and dancing until
around midnight or 1 a.m. of June 14, 1996.
The victim told Shalimar that she was going to take a stroll with
accused-appellant. Shalimar testified
that she saw the accused and the victim leave the disco after midnight on June
14, 1996. Shalimar knew
accused-appellant because he was her boyfriend and “kabarkada.”[40]
5. A few days after the
killing, accused-appellant left Baguio City for Metro Manila.[41]
6. Accused-appellant,
while working at the Sphinx Massage Parlor, told Jackson Sequiel and Teddie
Ayom what he knew about the killing of Lorie and said that if he was arrested,
he would tell on his companions. Jackson
and Teddie, therefore, reported the matter to the Baguio City police and led
them to the Sphinx where accused-appellant was found.[42]
7. Even before accused-appellant was arrested
in August 1996, the Baguio City police were already looking for him because his
friends and “kabarkada” had given sworn statements pointing to him as the owner of the screwdriver recovered from
the crime scene.[43]
The requisites necessary
for circumstantial evidence to be deemed sufficient to convict
accused-appellant are thus present in this case. First, there is more than one circumstance. Second, these circumstances were
proven. Third, the combination of all the
circumstances is such as to produce a conviction beyond reasonable doubt.
Accused-appellant
questions the way the trial court appreciated the following:[44]
1. The testimonies of
friends of accused-appellant and the victim;
2. The fact that
accused-appellant fled from Baguio City soon after the police found the
victim's body.
3. The declaration of
accused-appellant that he was involved in Lorie’s death.
It is settled rule that
the trial court’s assessment of the credibility of witnesses is generally
accorded great respect because it had the opportunity to hear them and to
observe their demeanor and manner of testifying. The exception is when it overlooked or misapplied some facts
which could have affected the result of the case. Indeed, the proximate contact of the trial court with those who
take the witness stand places it in a more competent position to discriminate
between a true and false testimony.[45]
With respect to
declarations, acts, and omissions of accused-appellant after the crime, these
may be received in evidence against him.
Rule 130, §26 of the Revised Rules on Evidence provides that “The act,
declaration or omission of a party as to a relevant fact may be given in
evidence against him.”
Accused-appellant claims
that, if indeed he had committed the crime he would not have returned to the
Mountain Rock Disco that night or on subsequent evenings. Nor would he have gone to the morgue to help
identify the dead body nor to the police station to help identify the owner of
the recovered screwdriver. Instead, he
would have fled to a place far from the police and the scene of the crime.[46]
Not all human beings
react to similar events in the same way, however. The fact that accused-appellant did not immediately flee from
Baguio City does not necessarily mean he had nothing to do with the
killing. It is possible that he went to
the morgue and the police station precisely to dispel any suspicion that he had
anything to do with the death of Lorie.
As observed in People v. Gordon,[47] the fact that the accused does not flee from
the scene of the crime does not necessarily indicate a clear conscience.
In any event, after the
body of the victim had been found and the screwdriver of accused-appellant had
been recovered near the body, accused-appellant actually fled from Baguio
City. The wicked fleeth, even when no
man pursueth, whereas the righteous is as brave as a lion.[48]
The offense committed is
Murder, penalized by the Revised Penal Code, which provides,
Art. 248. Murder. - Any person who, not falling within the provisions of Article 248 shall kill another shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances:
1. ... taking advantage of superior strength...
2. ... or outraging or scoffing at his person or corpse.
The trial court correctly
held that the qualifying circumstance of abuse of superior strength was present
since accused-appellant was taller and stronger than the victim.[49] An attack made by an armed man upon a woman,
who died as result thereof, is murder, because his sex and weapon gave him
superiority of strength.[50]
The information alleged
that the qualifying circumstance of outraging or scoffing at the corpse or the
person of the victim was present as well.
As the lower court correctly held, the evidence fails to show this. The word “outrage” means to subject to gross
insult. “Scoff” means to show contempt by derisive acts or language.[51] There is no proof showing that, in stabbing
the dead body of the victim and stripping off her garments, the purpose of
accused-appellant was to insult the victim or to show contempt for the dead.
The prosecution having
proven the qualifying circumstance of taking advantage of superior strength,
the trial court correctly ruled that accused-appellant committed murder. Murder is punished by reclusion perpetua to
death. In the absence of any other
aggravating or mitigating circumstance, accused-appellant should be punished
with the lesser penalty of reclusion perpetua.[52]
However, the award of P200,000.00
as moral damages must be reduced to P50,000.00 in accordance with
current rulings,[53] while the award of P63,800.00
as actual damages must be disallowed for lack of receipts to support the same.[54]
WHEREFORE, the decision of the Regional Trial Court,
Branch 6, Baguio City, finding accused-appellant guilty beyond reasonable doubt
of murder and sentencing him to suffer the penalty of reclusion perpetua
and to pay the heirs of the victim Jane Lorielinda Tacyo the amounts of P50,000.00
as indemnity for her death and costs is AFFIRMED, with the modification that
the amount of P200,000.00 awarded by the trial court as moral damages is
REDUCED to P50,000.00, while the award of P63,800.00 as actual
damages is DELETED.
In the service of
accused-appellant’s sentence, he should be credited with 4/5 of his preventive
imprisonment, pursuant to Article 29 of the Revised Penal Code.
SO ORDERED.
Bellosillo, (Chairman),
Quisumbing, Buena, and De Leon, Jr., JJ., concur.
[1] Per
Judge Ruben C. Ayson.
[2] Also
known as “Jun,” “Kamatayan,” “Bong,” “Brandon,” “Long Hair,” “Palito,”
“Winston,” “Kalansay,” “Bangkay,” and “Bungo.”
[3] Also
known as “Lorie.”
[4] Records,
p. 1.
[5] Also
known as “Teddy Lambayong Ayom,” “Teddy Amyong,” “Saldo,” “Salde,” and “Zaldy.”
[6] Also
known as “Jonalyn Bantasan” and “Junalyn Buntasan.”
[7] Also
known as “Shalimar Gaddang.”
[8] Also
known as “Richard Dapywen,” “Richard Opiawan,” “Richard Dapiawen,” and “Richard
Dapywan.”
[9] Also
known as “Maribel Bocalan” and “Maybelle Sacliwen.”
[10] Also
known as “Wendell.”
[11] Also
known as “Jackson Sickel.”
[12] Exhs.
E to I.
[13] TSN
(SPO1 Wilfredo Cabanayan), pp. 16-28,
Nov. 14, 1996.
[14] TSN
(Teodoro Incan), pp. 2-4, Jan. 8, 1997.
[15] Exh.
EE.
[16] TSN
(SPO4 Policarpio Cambod), pp. 32-36, Nov. 25, 1996.
[17] Exh.
BB.
[18] TSN
(Dr. John Tinoyan), pp. 4-8, Nov. 19,
1996.
[19] Id.,
pp. 8-15.
[20] TSN
(Shalimar Gaddang), pp. 5-10, Dec. 17, 1996.
[21] TSN
(Jonalyn Bantasan), pp. 16-17, Nov. 26, 1996; TSN (Shalimar Gadang), p. 8, Dec.
16, 1996; TSN (Shalimar Gadang), pp. 2-5; TSN (Richard Dapywen), pp. 31-32,
Dec. 17, 1996; TSN (Richard Dapywen), pp. 2-3, Dec. 18, 1996; TSN (Wendell
Bautista), pp. 11-12, 16-17, Jan. 7, 1997.
[22] TSN
(Teddie Ayom), pp. 5-6, 17-18, Nov. 25, 1996.
[23] TSN
(Jackson Sequiel), pp.8-9, Dec. 2, 1996; TSN (Jackson Sequiel), pp. 5-9, Feb.
7, 1997.
[24] TSN
(Teodoro Incan), pp. 2-6, Jan. 8, 1997.
[25] TSN
(Jessie Olivo, Jr.), pp. 2-22, Jan. 27,
1997.
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] Id.
[31] Id.
[32] RTC
Decision, p. 24; Records, p. 248.
[33] Rules
of Court, Rule 133, §4.
[34] People
v. Salonga, G.R. No. 128647, March 31, 2000. See also People v. Labuguen, G.R. No. 127849,
August 9, 2000; People v. Ragundiaz, G.R. No. 124977, June 22, 2000.
[35] Exhs.
E-1 and E-2; Exhs. PP and QQ.
[36] Exh.
N.
[37] Exhs.
W to W-7; Exhs. Z to Z-5; TSN (Vladimir
V. Villaseñor), pp. 42-43, 47-49, Nov. 18, 1996.
[38] TSN
(Dr. John Tinoyan) pp. 4-15, Nov. 19, 1996.
[39] Supra
at Note 19-20.
[40] Supra
at Note 17.
[41] TSN
(Jackson Sequiel), pp. 6-7, Dec. 2, 1996; TSN (Jackson Sequiel), pp. 4-7, Feb.
7, 1997; TSN (Teodie Ayom), p. 17, Nov. 25, 1996; TSN (Jessie Olivo, Jr.), pp.
8-9, Jan. 31, 1997.
[42] Supra
at Notes 22-23.
[43] Records,
pp. 13-56.
[44] Appellant’s
Brief, p. 2; Rollo, p. 75.
[45] People
v. Salonga, G.R. No. 128647,
March 31, 2000.
[46] Appellant’s
brief, pp. 2-3.
[47] 129
SCRA 465 (1984).
[48] People
v. Gallo, 318 SCRA 157 (1999).
[49] Decision,
p. 22; Rollo, p. 103.
[50] People
v. Quesada, 62 Phil. 446 (1935); People v. Jamoralin, 88 Phil.
789 (1951).
[51] WEBSTER’S
THIRD NEW INTERNATIONAL DICTIONARY 1603 and 2034 (1993).
[52] Revised
Penal Code, Art. 63.
[53] People
v. Berzuela, G.R. No. 132078, September 25, 2000; People v.
Lopez, 312 SCRA 684 (1999).
[54] People
v. Bayotas, G.R. No. 136818, December 19, 2000.54