Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. L-48796 June 11, 1981
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
DIEGO OPERO COSIP!G e" #$., #%%u&e'( DIEGO OPER! COSIP!G, defendant-
appellant.

PER CURI!M)
Automatic review of the death sentence imposed on ie!o "pero for robber# with homicide
with which he was char!ed in the Circuit Criminal Court of Manila, to!ether with Re#naldo
$acsinto and Mila!ros %ille!as, who, however, did not appeal their conviction with much
lesser penalt#, the last-named, as a mere accessor# after the fact. Another accused, Asteria
Avila was ac&uitted.
'n his brief, appellant raised onl# the &uestion of the propriet# of the imposition of the death
penalt# on him, with the followin! assi!nments of error(
). *+E $",ER C"-R* ERRE 'N N"* C"N.'ER'N/ AR*'C$E 0,
PARA/RAP+ ) "1 *+E RE%'.E PENA$ C"E 'N E*ERM'N'N/ *+E
CR'M'NA$ $'AB'$'*2 "1 *+E ACC-.E.
3. *+E *R'A$ C"-R* ERRE 'N N"* C"N.'ER'N/ AR*'C$E 04,
PARA/RAP+ ) "1 *+E RE%'.E PENA$ C"E 'N 'MP".'N/ *+E
PENA$*2 "N *+E ACC-.E
1or the facts of the case, the narration of which in both the People5s brief and that of
appellant does not var# as to the essential ones, ,e could ver# well &uote from the
Appellee5s brief, bein! the more comprehensive and complete, the followin!(
At about 0(66 o5cloc7 in the mornin! of April 38, )489, .alvador "liver, a
/.'. securit# !uard assi!ned to the +ouse 'nternational +otel at "n!pin
.treet, Binondo, Manila, was informed b# emetrio Barcin! another securit#
!uard, that the latter pic7ed up a little !irl about three #ears old loiterin! at the
second floor of the buildin!. Rafael "rdona a :anitor of the +ouse
'nternational +otel, told "liver that the little !irl is residin! at Room ;)0 of the
hotel. "liver called up Room ;)0 b# telephone and when nobod# answered,
he and Barcin! brou!ht the little !irl to said Room ;)0 <pp- =, 8, > 9, t.s.n.,
?une )@, )489A. -pon reachin! Room ;)0, "liver 7noc7ed at the door, and
when nobod# answered, he pushed the door open but he smelled foul odor
emanatin! from the room. "liver covered his nose with a hand7erchief and
to!ether with Barcin! and the little !irl, the# entered the room where the# saw
prostrate on a bed a dead person with the face down and both feet tied.
"liver called up the homicide division of the Manila Police. Patrolman 1a:ardo
who was assi!ned to investi!ate the report of "liver, to!ether with some
funeral parlor men arrived at the scene, and the# saw a small bab# cr#in!
and tr#in! to !et out of a crib near the bed of the dead person. <pp. 4, )6 >
)), t.s.n., IdA.
*he dead bod# at Room ;)0 of the +ouse 'nternational +otel was that of
$iew .oon Pin!, Room ;)0 had been ransac7ed and personal belon!in!s
thrown all around. *he hands and feet of the dead person were tied and the
bod# was bloated. A towel was tied around the mouth of the victim.
Photo!raphs of the dead person and the condition of the room were ta7en
under Patrolman 1a:ardos supervision <pp. )4, 36, 3), 33, 3; > 30, t.s.n.,
?une )@, )489A.
Patrolman 1a:ardo came to 7now that the occupants of Room ;)0 were r.
+on!, his wife $iew .oon Pin! who is the victim in this case, their three
children and two maids, namel#, Mila and Ester <pp. 3= > 38, t.s.n., 'dA. After
conductin! a preliminar# in&uir# around the vicinit# of the incident, Patrolman
1a:ardo made an advance report <EBh. C"CD pp. ;3, ;; > ;0, rec.A namin!
therein three suspects, namel#, ie!o "pero, Mila!ros %ille!as, Asteria Avila
and a fourth unidentified suspect. *he names of these suspects were
furnished b# nei!hbors of the victim to Patrolman 1a:ardo <pp- 39 > 34,
t.s.n.,Id.A.
After establishin! the 'dentit# of the suspects, a follow up team of Manila
Policemen composed of Patrolmen $uis $im and .ervande Malabute was
formed to further investi!ate the case. A separate police team composed of
.!t. 2an!uilin! and several policemen were sent to $e#te and .amar to trac7
down the suspects <pp. ;6 > ;), t.s.n., Id.A. Cr. +on!, the victim5s husband
who was in Cebu when the incident in his residence was committed was
contacted b# the police and informed about the death of his wife.
r. +on! came bac7 immediatel# from Cebu and reported to the police. +e
<r. +on!A made an inventor# of the personal effects found missin! in his
residence. valued at P;6,33).66 <pp. ;), ;3 > ;;, t.s.n IdD EBhs. 5R5 and 5R-l5A.
,hile the case was under investi!ation, the homicide division of the Manila
Police, received a radio messa!e <EBh. C*-lC, p. 06, rec.A rela#ed thru Col.
Narciso Cabrera, Chief of the etective Bureau of the Manila Police, that
Re#naldo $acsinto one of the suspects could be found in a school house in
Moriones, *ondo, Manila. Another radio messa!e <EBh. C*C, p. 0), rec.A was
received b# the police that two other suspects in the case, namel#, ie!o
"pero and Asteria Avila were pic7ed up b# the .amar P.C. and some of the
missin! articles, namel#, one <)A camera, flashli!ht, bill fold, and other
personal belon!in!s were recovered from them <pp. ;@ > ;=, t.s.n., IdA.
Re#naldo $acsinto was ta7en to police head&uarters and after appraisin! him
of his ri!hts under the constitution, his statement was ta7en in the presence
of his father <pp. ;8, ;9 > ;4, t.s.n., IdD EBhs. C-C > C--lC, pp. 03, 0;, 00, 0@,
0=, 08 > 09, rec,A. 'n his said statement to the police, $asinto admitted his
participation and narrated in detail the commission of the robber# in Room
;)0 of the +ouse 'nternational +otel.
*he .amar P.C. turned over three other suspects, namel# ie!o "pero,
Mila!ros %ille!as and Asteria Avila to .!t. 2an!uilin! who brou!ht said
suspects to Manila and turned them over to the homicide division of the
Manila Police, to!ether with some of the stolen articles <pp. ;) > ;3, t.s.n.,
?une )=, )489A. .tatements of these three suspects <EBhibits CBC, CCC, and
CC, respectivel#A ta7en b# the .amar P.C. were also turned over b# .!t.
2an!uilin! to the homicide division <pp. ;0 > ;@, t.s.n. IdA. "pero was
investi!ated further at the Manila Police +ead&uarters and he !ave a
supplemental statement <EBh. C11C, pp. 86-80, rec.D p. ;=, t. s.n. IdA admittin!
that he had robbed the victim and 'dentified some of the missin! articles
recovered from his possession <pp. 0) > 03, t.s.n. IdA. +e described in detail
how he planned the robber# and named the rest of his coaccused as willin!
participants. +e also narrated in his said supplemental statement that he and
his co-accused $acsinto subdued the victim b# assaultin! her, t#in! up her
hands and feet stabbin! her and stuffin! her mouth with a piece of pandesal
<pp. 86- 80, rec.A.
'n her statement to the Manila police <EBh. 5//5, pp. 80 > 8@, rec.A Mila!ros
%ille!as 'dentified the stolen clothes which were !iven to her b# "pero. <pp.
00, 0@ > 0=, t. s. n. IdA
*he third suspect, Asteria Avila told the Manila police that she was not a part#
to the crime and upon advice of her law#er she did not !ive an# further
statement. <p. 08, t. .. n. IdA
A reenactment of the crime at the crime scene was held under the direction
of "pero portra#in! - his role, with $acsinto depictin! his part, and pictures of
the reenactment were ta7en <pp. @), @3, @;, @0, @@, @=, @8, @9, @4 > =6, t.
s.n. IdD pp. 84-44, incl., rec.A.
*he bod# of the victim $iew .oon Pin! was autopsied b# r. An!elo .in!ian,
then Chief of the Medico $e!al ivision of the ,estern Police istrict. *he
bod# was 'dentified b# the victim5s husband. r. .in!ian eBamined the bod#
of the victim and issued a death certificate <EBh. CAACA, and the necrops#
report <EBh. 5BB5A, with the followin! findin!s( )A a pale #ellowish band across
the e#es of the victim caused b# the application of a towel, or broad piece of
cloth across the e#esD 3A a pale #ellowish band across the mouth caused b#
a similar material as the one applied across the victim5s e#es, which was tied
across the mouthD ;A contusion and hematoma on the upper and lower lips
caused b# a blunt instrumentD 0A abrasions on the ri!ht side of the chinD @A
broad linear mar7 of clothin! material on the nec7D =A cord or li!ature mar7s
on the left and ri!ht arm, indicatin! that both arms were tiedD 8A abdomen
distended with !as, due to decompositionD 9A epi!lotis, hematoma and
contusion on the ri!ht side of the ton!ueD 4A contusions and hematoma on
the ri!ht chee7D )6A superficial stab wound measurin! 6.9 c.m. on the ri!ht
side of the chin caused b# a sharp bladed instrumentD ) )A superficial stab
wound on the mid-aBilliar# line caused b# a sharp bladed instrument( )3A stab
wound on the left forearm( );A cord mar7in!s on both feet.
'nternal findin!s reveal an impacted bolus of white bread measurin! ; B 3.@
cm in the orophar#nB. *he ton!ue has contusion on the ri!ht lateral side and
an abrasion across the middle portion. *he lar#nB and trachea are mar7edl#
con!ested. *he cause of death was due to asph#Biation b# suffocation with
an impacted bolus into the orophar#nB and compression of the nec7 with a
broad clothin! around the nec7 <pp. =-)9, incl., t. s. n. ?une )=,)489D EBh.
CBBC pp. =3 > =;, rec.A.
'n his first assi!nment of error, appellant advances the theor# that he never intended to 7ill
the deceased, his intention bein! merel# to rob her, for if indeed he had the intention to 7ill
her, he could have easil# done so with the 7nife, and therefore, his liabilit# should be onl# for
robber#.
Appellant5s theor# finds no basis in the law or in :urisprudence. 't was been repeatedl# held
that when direct and intimate connection eBists between the robber# and the 7illin!,
re!ardless of which of the two precedes the other, or whether the# are committed at the
same time, the crime committed is the special compleB crime of robber# with homicide.
1
'f
the circumstances would indicate no intention to 7ill, as in the instant case were evidentl#,
the intention is to prevent the deceased from ma7in! an outcr#, and so a CpandesalC was
stuffed into her mouth, the miti!atin! circumstance of not havin! intended to commit so
!rave a wron! ma# be appreciated.
*
*he stuffin! of the CpandesalC in the mouth would not
have produced asph#Biation had it not slid into the nec7line, Ccaused b# the victim5s own
movements, C accordin! to r. .in!ian. *he movements of the victim that caused the
CpandesalC to slide into the nec7line were, however, attributable to what appellant and his co-
accused did to the victim, for if the# did not ho!tie her, she could have easil# removed the
CpandesalC from her mouth and avoided death b# asph#Biation.
't ma# not avail appellant to contend that the death was b# mere accident for even if it were
so, which is not even be#ond doubt for the slidin! of the pandesal into the nec7line to
produce asph#Biation could reasonabl# have been anticipated, it is a settled doctrine that
when death supervenes b# reason or on the occasion of the robber#, it is immaterial that the
occurrence of death was b# mere accident.
+
,hat is important and decisive is that death
results b# reason or on the occasion of the robber#.
4
*hese .panish doctrines were cited b#
this Court in People vs. Mangulabnan, et al., 44 Phil. 443.
Appellant would also have Article 04, para!raph ' of the Revised Penal Code appl# to him,
and faults the court a quo for havin! failed to do so. *he provision cited reads(
Art. 04. Penalty to be imposed upon the principals when the crime committed
is different from that intended E 'n cases in which the felon# committed is
different from that which the offender intended to commit, the followin! rules
shall be observed(
). 'f the penalt# prescribed for the felon# committed be hi!her than that
correspondin! to the offense which the accused intended to commit, the
penalt# correspondin! to the latter shall be imposed in its maBimum period.
BBB BBB BBB.
*he fore!oin! provision has been applied onl# to cases when the crime committed befalls a
different person from the one intended to be the victim. *his was the eBplicit rulin! in the
case of People vs. Albuquerque, @4 Phil. )@6-)@;, citin! decisions of he .upreme Court of
.pain.C
,
'n the instant case, the intended victim, not an# other person, was the one 7illed, as a result
of an intention to rob, as in fact appellant and his co-accused, did rob the deceased. As
stated earlier, what ma# be appreciated in appellant5s favor is onl# the miti!atin!
circumstance of not havin! intended to commit so !rave a wron! as that committed, under
para!raph ; of Article ); of the Revised Penal Code, an entirel# different situation from that
contemplated under para!raph ), Article 04 of the same Code, where as alread# eBplained,
the different felon# from that intended, befalls someone different from the intended victim, as
when the person intended to be 7illed is a stran!er to the offender, but the person actuall#
7illed is the offender5s father, thereb# ma7in! the intended felon# which is homicide different
from the crime actuall# committed which is parricide.
Notwithstandin! the presence of the miti!atin! circumstance of not havin! intended to
commit so !rave a wron! as that comitted, there still remains one a!!ravatin! circumstance
to consider, after either one of the two a!!ravatin! circumstances present, that of superior
stren!th and dwellin!, is offset b# the miti!atin! circumstance aforesaid. *he hi!her of the
imposable penalt# for the crime committed, which is reclusion perpetua to death, should
therefore be the proper penalt# to be imposed on appellant. 5*his is the penalt# of death as
imposed b# the lower court.
,+ERE1"RE, the :ud!ment appealed from bein! in accordance with law and the evidence,
eBcept as to the nonappreciation of the miti!atin! circumstance of havin! no intention to
commit so !rave a wron! as that committed, which nevertheless does not call for the
modification of the penalt# of death as imposed b# the lower court, is hereb# affirmed. Cost
de oficio.
." "RERE.
Teehanee, !arredo, Maasiar, Aquino, Concepcion "r., #ernande$, %uerrero, Abad &antos
and 'e Castro, "r., concur.
#ernando, C"., too no part.
Melencio()errera, "., concurs in the result.
Foo"no"e&
) People vs. +ernandeF, 0= Phil. 09.
3 People vs. .ia Bon7ia, =6 Phil. )D -... vs. .amea, @ Phil. 338.
; People vs. Man!ulabnan 44 Phil. 443.
0 Id., citin! ecisions of the .upreme Court of .pain, November 3=, )943
and ?anuar# )3, )944.
@ ecision of "ctober 36, )948 and ?une 39, )944