That on or about June 12, 2000 at 1:00 o'clock dawn at District 3, Isla Copa, Consolation, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together, and mutually helping one another, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge with the offended party (AAA) who is the Aunt of accused Michael A. Hipona, she being the younger sister of the accused's mother and against her will, that on occasion of the said rape, accused, with evident premeditation, treachery and abuse of superior strength, and dwelling, with intent to kill and pursuant to their conspiracy, choked and strangulated said AAA which strangulation resulted to the victim's untimely death. That on the said occasion the victim's brown bag worth P3,800.00; cash money in the amount of no less than P5,000.00; and gold necklace were stolen by all accused but the gold necklace was later on recovered and confiscated in the person of accused Michael A. Hipona.3 (emphasis and underscoring in the original)
Rigor mortis, generalized, Livor mortis, back, buttocks, flanks, posterior aspect of neck and extremities (violaceous).
Face, markedly livid. Nailbeds, cyanotic. With extensive bilateral subconjunctival hemorrhages and injections. Petecchial hemorrhages are likewise, noted on the face and upper parts of neck.
ABRASIONS, with fibrin: curvilinear; three (3) in number; measuring 1.1x0.4 cms., 0.8x0.3 cms., and 0.6x0.1 cm.; within an area of 2.8x1.1 cms. at the left side of the neck, antero-lateral aspect.
HEMATOMAS, violaceous; hemispherical in shapes, highly characteristic of bite marks: 3.5 x 0.4 cms. and 4.1x1.4 cms.; located at the right lower buccal region, lateral and medial aspects, respectively.
SOFT TISSUE DEFECT, with irregular edges; 2.5 x 2.7 cms.; left thigh, distal 3rd, medial aspect; involving only the skin and underlying adipose tissues; with an approximate depth of 1.6 cms.
ABRASIONS, with fibrin, curvilinear in shapes; 0.6x0.3 cm. and 0.5x0.3cm., right upper eyelid; 0.4x0.2 cms. and 0.3x 0.2 cms, right upper arm, distal 3rd, medial aspect; 0.5x0.3 cm., right forearm, proximal 3rd, medial aspect; 0.7x0.3 cm., left elbow; 0.5x0.2 cm., left forearm, middle 3rd, posterior aspect.
HEMATOMA, violaceous: 2.2x2.5 cms., right upper arm, middle 3rd, medial aspect
DEPRESSED FRACTURE, body of thyroid cartilage, lateral aspects, bilateral.
PETECCHIAL HEMORRHAGES, subpleural, bilateral, and sub-epicardial.
x x x x
GENITAL FINDINGS:
Subject is menstruating. Pubic hairs, fully grown, abundant. Labiae majora and minora, both coaptated. Vestibular mucosa, pinkish, smooth. Hymen, short, thin with COMPLETE, FRESH HYMENAL LACERATION (with fibrin and fresh reddish soft blood clot) at 6:00 o'clock position, and extending to the posterior aspect of vestibular mucosa up to the area of fourchette. Hymenal orifice originally annular, admits a glass tube of 2.5 cms. diameter with moderate resistance. Vaginal rugosities, prominent. Cervix, firm. Uterus, small.VVVVVVVVVVV
CAUSE OF DEATH: Asphyxia by strangulation (manual).
REMARKS: Genital injury noted, age of which is compatible with sexual intercourse(s) with man/men on or about June 11-12 2000.6 (underscoring supplied)
Based on the foregoing circumstances, specially of his failure to explain why he was in possession of victim's stolen necklace with pendants, plus his confession to the media in the presence of his relatives, and to another radio reporter "live-on-the-air" about a day after his arrest, sealed his destiny to perdition and points to a conclusion beyond moral certainty that his hands were soiled and sullied by blood of his own Aunt.7 (underscoring supplied),
WHEREFORE, in view of all the foregoing, the Court finds accused MICHAEL HIPONA GUILTY beyond reasonable doubt of a special complex crime of Rape with Homicide (and Robbery) punishable under Articles 266-A and 266-B, of the Revised Penal Code, as amended by R.A. 8353, and after taking into account the generic aggravating circumstance of dwelling, without a mitigating circumstance, accused MICHAEL HIPONA is hereby sentenced and SO ORDERED to suffer the supreme penalty of DEATH by lethal injection, plus the accessory penalties. He is hereby SO ORDERED to pay the heirs the sum of One Hundred Thousand (P100,000.00) Pesos, as indemnity. Another One Hundred Thousand (P100,000.00) Pesos, as moral damages. In order to further give accused Michael Hipona a lesson that would serve as a warning to others, he is also directed and SO ORDERED to pay another Fifty Thousand (P50,000.00) Pesos, as exemplary damages.
For failure on the part of the prosecution to prove the guilt of the accused Romulo Seva, Jr., beyond reasonable doubt, it is SO ORDERED that he should be acquitted and it is hereby ACQUITTED of the crime charged, and is hereby released from custody unless detained for other legal ground.
Pursuant to Section 22 of R.A. 7659, and Section 10 of Rule 122 of the Rules of Court, let the entire record be forwarded to the Supreme Court for automatic review."8 (emphasis in the original; underscoring supplied)
WHEREFORE, the Decision of the lower court is hereby AFFIRMED with the following MODIFICATIONS:
- That the penalty imposed is reclusion perpetua;
- That appellant is hereby ordered to pay the heirs of AAA the following: the sum of P100,000.00 as civil indemnity; P75,000.00 as moral damages; and P100,000.00 as exemplary damages.
SO ORDERED.12 (underscoring supplied)
Appellant's confessions to the media were likewise properly admitted. The confessions were made in response to questions by news reporters, not by the police or any other investigating officer. We have held that statements spontaneously made by a suspect to news reporters on a televised interview are deemed voluntary and are admissible in evidence.15 (underscoring supplied)
Endnotes:
*Additional member per Special Order No. 821.
1 CA rollo, pp. 41-69.
2Penned by Associate Justice Romulo V. Borja with the concurrence of Associate Justices Mario V. Lopez and Elihu A. Ybañez; rollo, pp. 5-32.
3 CA rollo, p. 16.
4 The Court shall withhold the real name of the victim and shall use fictitious initials instead to represent her. Likewise, the personal circumstances of the victim/s or any other information tending to establish or compromise their identities, as well as those of their immediate family or household members, shall not be disclosed. (People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419-420)
5 Records, p. 5.
6Id. at 415-416.
7 CA rollo, p. 139.
8Id. at 143-144.
9 G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640. The case modified the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment and allowed intermediate review by the Court of Appeals beforesuch cases are elevated to the Supreme Court.
10 CA rollo, pp. 93-115.
11 The imposition of death penalty has been prohibited by Republic Act No. 9346, otherwise known as "An Act Prohibiting the Imposition of Death Penalty in the Philippines."
12 Rollo, p. 31.
13 Rules of Court, Rule 133, Sec. 4.
14 People v. Bato, 382 Phil. 558, 566 (2000), citing People v. Sacapaño, 372 Phil. 543, 555 (1999); People v. Manuel, 358 Phil. 664, 672 (1998).
15 Citing People v. Andan, G.R. No. 116437, March 3, 1997, 269 SCRA 95, 111 citing People v. Vizcarra, 115 SCRA 743, 752 (1982).
16 Art. 294. Robbery with violence or intimidation of persons - Penalties. - Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:
1. The penalty of from reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed; or when the robbery shall have been accompanied by rape or intentional mutilation or arson. x x x (emphasis and underscoring supplied)
17 Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.
18 People v. Ganal, 85 Phil. 743 (1950).
19 People v. Basmayor, G.R. No. 182791, February 10, 2009, 578 SCRA 369.