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FIRST DIVISION G.R. No. 185709 : February 18, 2010 PEOPLE OF THE PHILIPPINES,Appellee, v. MICHAEL A. HIPONA, Appellant. D E C I S I O N CARPIO MORALES, J.: Michael A. Hipona (appellant) was convicted by Decision of September 10, 20021cralaw of the Regional Trial Court of Cagayan de Oro City, Branch 18 with "Rape with Homicide (and Robbery)" [sic] . His conviction was affirmed by the Court of Appeals by Decision of January 28, 2008.2cralaw The Second Amended Information charged appellant together with Romulo Seva, Jr. and one John Doe with Robbery with Rape and Homicideas follows: That on or about June 12, 2000 at 1:00 oclock 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.3cralaw (emphasis and underscoring in the original) The following facts are not disputed. AAA4cralaw was found dead on the morning of June 12, 2000 in her house in Isla Copa, Consolation, Cagayan de Oro City. She was raped, physically manhandled and strangled, which eventually led to her death. Her furniture and belongings were found strewn on the floor. AAA's necklace with two heart-shaped pendants bearing her initials and handbag were likewise missing. Upon investigation, the local police discovered a hole bored into the lawanit wall of the comfort room inside AAA's house, big enough for a person of medium build to enter. The main electrical switch behind a "shower curtain" located at the "back room" was turned off, drawing the police to infer that the perpetrator is familiar with the layout of AAA's house. SPO1 Bladimir Agbalog of the local police thus called for a meeting of AAA's relatives during which AAA's sister BBB, who is appellant's mother, declared that her son-appellant had told her that "Mama, Im sorry, I did it because I did not have the money," and he was thus apologizing for AAA's death. BBB executed an affidavit affirming appellant's confession.5cralaw On the basis of BBB's information, the police arrested appellant on June 13, 2000 or the day after the commission of the crime. He was at the time wearing AAA's missing necklace. When on even date he was presented to the media and his relatives, appellant apologized but qualified his participation in the crime, claiming that he only acted as a look-out, and attributed the crime to his co-accused Romulo B. Seva, Jr. (Seva) alias "Gerpacs" and a certain "Reypacs." A day after his arrest or on June 14, 2000, appellant in an interview which was broadcasted, when asked by a radio reporter " Why did you do it to your aunt?, " answered " Because of my friends and peers." When pressed if he was intoxicated or was on drugs when he "did it," appellant answered that he did it because of his friends and of poverty. Appellant's co-accused Seva was later arrested on July 9, 2000, while "Reypacs" remained at large. Appellant entered a plea of not guilty while Seva refused to enter a plea, hence, the trial court entered a "not guilty" plea on his behalf. Post mortem examination of AAA revealed the following findings:
Albeit appellant's mother BBB refused to take the witness stand, SPO1 Agbalog and Consuelo Maravilla, another relative of appellant, testified on BBB's declaration given during the meeting of relatives. Appellant refused to present evidence on his behalf while Seva presented evidence to controvert the evidence on his alleged participation in the crime. By Decision of September 10, 2002, the trial court, after considering circumstantial evidence, viz: Based on the foregoing circumstances, specially of his failure to explain why he was in possession of victim's stolen necklacewith pendants, plus his confessionto the mediain 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.7cralaw (underscoring supplied), found appellant guilty beyond reasonable doubt of "Rape with Homicide (and Robbery)." [sic] . It acquitted Seva. Thus the trial court disposed: WHEREFORE, in view of all the foregoing, the Court finds accused MICHAEL HIPONA GUILTY beyond reasonable doubtof 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 ORDEREDto 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 ORDEREDto 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 ORDEREDthat he should be acquitted and it is hereby ACQUITTEDof 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."8cralaw (emphasis in the original; underscoring supplied) On elevation of the records of the case, the Court, following People v. Mateo ,9cralaw referred the same to the Court of Appeals. Appellant maintains that his guilt was not proven beyond reasonable doubt.10cralaw As stated early on, the Court of Appeals sustained appellant's conviction. It, however, modified the penalty11cralaw imposed, and the amount of damages awarded by the trial court. Thus the appellate court, by the challenged Decision of January 28, 2008, disposed: WHEREFORE, the Decision of the lower court is hereby AFFIRMED with the following MODIFICATIONS:
SO ORDERED.12cralaw (underscoring supplied) The records of the case were elevated to this Court in view of the Notice of Appeal filed by appellant. Both the People and appellant manifested that they were no longer filing any supplemental briefs. The appeal is bereft of merit. For circumstantial evidence to suffice to convict an accused, the following requisites must concur: (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 reasonable doubt.13cralaw The confluence of the following established facts and circumstances sustains the appellate court's affirmance of appellant's conviction: First, appellant was frequently visiting AAA prior to her death, hence, his familiarity with the layout of the house; second, appellant admitted to his relatives and the media that he was present during commission of the crime, albeit only as a look-out; third , appellant was in possession of AAA's necklace at the time he was arrested; and fourth, appellant extrajudicially confessed to the radio reporter that he committed the crime due to his peers and because of poverty. Appellant argues that he should only be held liable for robbery and not for the complex crime of "Rape with Homicide (and Robbery)" [sic] . He cites the testimony of prosecution witness Aida Viloria-Magsipoc, DNA expert of the National Bureau of Investigation, that she found the vaginal smears taken from AAA to be negative of appellant's DNA. Appellant's argument fails. Presence of spermatozoa is not essential in finding that rape was committed, the important consideration being not the emission of semen but the penetration of the female genitalia by the male organ.14cralaw As underlined above, the post-mortem examination of AAA's body revealed fresh hymenal lacerations which are consistent with findings of rape. Not only does appellant's conviction rest on an unbroken chain of circumstantial evidence. It rests also on his unbridled admission to the media. People v. Andan instructs: Appellant's confessions to the mediawere 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.15cralaw (underscoring supplied) Appellant argues, however, that the questions posed to him by the radio broadcaster were vague for the latter did not specify what crime was being referred to when he questioned appellant. But, as the appellate court posited, appellant should have qualified his answer during the interview if indeed there was a need. Besides, he had the opportunity to clarify his answer to the interview during the trial. But, as stated earlier, he opted not to take the witness stand. The Court gathers, however, that from the evidence for the prosecution, robbery was themain intent of appellant, and AAA's death resulted by reason of or on the occasion thereof. Following Article 294(1)16cralaw and Article 62(1)117cralaw of the Revised Penal Code, rape should have been appreciated as an aggravating circumstance instead.18cralaw A word on the amount of exemplary damages awarded. As the Court finds the award of WHEREFORE, the Decision of January 28, 2008 of the Court of Appeals is hereby AFFIRMEDwith MODIFICATION. Appellant, Michael A. Hipona is found guilty beyond reasonable doubt of Robbery with Homicide under Article 294(1) of the Revised Penal Code. He is accordingly sentenced to reclusion perpetua. And the award of exemplary damages is reduced to SO ORDERED. CONCHITA CARPIO MORALES WE CONCUR: REYNATO S. PUNO
MARTIN S. VILLARAMA, JR. C E R T I F I C A T I O N Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. REYNATO S. PUNO Endnotes:
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