EN BANC

[G.R. No. 133226. March 16, 2000.]

PEOPLE OF THE PHILIPPINES , plaintiff-appellee, vs . LOCSIN FABON @

"Loklok," accused-appellant.

The Solicitor General for plaintiff-appellee.

Public Attorney's Office for accused-appellant.

SYNOPSIS

Appellant was charged with "robbery with homicide accompanied by rape and
intentional mutilation." The information alleged that the crime was committed inside the
dwelling of Bonifacia, the victim. Appellant ed to Butuan City and was thereafter arrested.
He pleaded not guilty and interposed the defense of alibi and denial claiming that he was
380 meters away from the scene of the crime. He also declared that while in Butuan City
he was informed that he was a suspect in the killing of Bonifacia but he did not exert any
effort to inform the son of Bonifacia of his innocence. However, he was positively
identi ed by his 9-year old nephew who testi ed that about 5:00 a.m. he saw his uncle,
herein appellant, come out from the fence of Bonifacia's house. His forehead, t-shirt and
hair were stained with blood and had a bolo tucked in his pants. He noticed that his uncle
walked away hurriedly and repeatedly looked over his shoulders. Dr. Abiera testi ed for the
prosecution. He declared that he conducted the autopsy report on the victim; that although
the victim had hematoma in the vaginal canal and urethral opening; he cannot assert that
the victim was raped in the absence of a laboratory testing, and that the victim had no vital
part severed. The trial court rendered judgment on the basis of circumstantial evidence
nding appellant guilty of "robbery with homicide and rape" aggravated by dwelling, and
sentenced him to death. Hence, this automatic review.
When robbery with homicide is accompanied by another offense, such additional
offense is treated as an aggravating circumstance. CHcETA

The totality of the circumstantial evidence presented in the case at bar together with
the ight of appellant and his weak defenses of alibi and denial clearly established the guilt
of appellant.
Intentional mutilation cannot be appreciated where no vital part of the body was
severed.
Dwelling is aggravating in robbery with violence or intimidation because this can be
committed without the necessity of trespassing the offended party's house.
However, the death penalty imposed on appellant was a rmed with the presence of
the aggravating circumstance of dwelling.

SYLLABUS

1. CRIMINAL LAW; ROBBERY WITH HOMICIDE; WHEN ACCOMPANIED BY

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 ANOTHER OFFENSE, SUCH ADDITIONAL OFFENSE IS TREATED AS AN AGGRAVATING
CIRCUMSTANCE. — When the special complex crime of robbery with homicide is
accompanied by another offense like rape or intentional mutilation, such additional offense
is treated as an aggravating circumstance which would result in the imposition of the
maximum penalty of death.
2. REMEDIAL LAW; EVIDENCE; CIRCUMSTANTIAL EVIDENCE; REQUISITES FOR
CONVICTION BASED THEREON. — Circumstantial evidence is de ned as that which
indirectly proves a fact in issue. Under Section 4 of Rule 133 of the Revised Rules on
Evidence, circumstantial evidence is su cient to convict an accused if the following
requisites concur: (a) there is more than one circumstance; (b) the facts from which the
inferences are derived are proven; and (c) the combination of all the circumstances is such
as to produce a conviction beyond reasonable doubt.
3. ID.; ID.; DENIAL AND ALIBI; INHERENTLY WEAK DEFENSES; ALIBI OF
ACCUSED IN CASE AT BAR DOES NOT PRECLUDE HIS PRESENCE AT SCENE OF CRIME. —
Aside from the fact that denial and alibi are inherently weak defenses, accused-appellant's
alibi of being in his house at 5:30 in the morning does not preclude his physical presence in
the house of the victim considering that their respective residences are only 380 meters
apart.
4. ID.; ID.; FLIGHT, AN INDICATION OF GUILT; CASE AT BAR. — Flight is a strong
indication of guilt. The reasons put forward by accused-appellant to justify the two
instances when he fled, i.e., rst, to look for his live-in partner's long lost father and second,
because he was denied conjugal visits, are simply too lame and whimsical to merit
credibility. Moreover, if the purpose of his trip to Butuan City was to look for his live-in
partner's father, why did he not return immediately to Brgy. Sta. Cruz after he and his live-in
partner failed to locate the whereabouts of the said father? The only logical reason would
be that he was avoiding something in Brgy. Sta. Cruz. However, despite his efforts to
escape from the long arm of the law, it still caught up with him in Butuan City.
5. ID.; ID.; BURDEN OF PROOF IN CRIMINAL CASES; CONVICTION MUST REST
NOT ON WEAKNESS OF DEFENSE BUT ON STRENGTH OF PROSECUTION'S EVIDENCE. —
In the appreciation of evidence in criminal cases, it is a basic tenet that the prosecution
has the burden of proof in establishing the guilt of the accused for all the offenses he is
charged with — ei incumbit probatio non qui negat. The conviction of accused-appellant
must rest not on the weakness of his defense but on the strength of the prosecution's
evidence.
6. CRIMINAL LAW; ROBBERY WITH HOMICIDE; RAPE AND MUTILATION AS
AGGRAVATING CIRCUMSTANCES, NOT PROVED IN CASE AT BAR. — In the present case, it
is the opinion of the Court that although the prosecution has su ciently established
accused-appellant's guilt for the crime of robbery with homicide, it has, however, failed to
substantiate the alleged aggravating circumstances of rape and intentional mutilation. As
testi ed upon by the prosecution's expert witness, Dr. Abiera, it cannot be conclusively
stated that the victim was raped. Due to the fact that the entirety of the evidence
presented in this case are all circumstantial, the fact that the victim was no longer wearing
her underwear when her cadaver was discovered and that the victim had hematoma
formations on both sides of vaginal canal and near the urethral opening cannot
conclusively prove that she was raped. Moreover, the aggravating circumstance of
intentional mutilation cannot also be appreciated since, as also testi ed upon by Dr.
Abiera, no vital body part was severed. Likewise, the fact that the victim's tongue was half-
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 bitten does not prove intentional mutilation since it could have been caused by the victim
herself when she was ghting to breathe for air while she was being strangled by accused-
appellant.
7. ID.; AGGRAVATING CIRCUMSTANCES; DWELLING; APPRECIATED. —
Accused-appellant will still have to suffer the supreme penalty of death due to the
attendance of the aggravating circumstance of dwelling which was alleged in the
information and duly proven during the trial. Dwelling is considered aggravating primarily
because of the sanctity of privacy that the law accords to the human abode. In People vs.
Cabato, we ruled that: "Dwelling is aggravating in robbery with violence or intimidation
because this class of robbery can be committed without the necessity of trespassing the
sanctity of the offended party's house.

DECISION

PER CURIAM : p

Circumstantial evidence coupled with accused-appellant's ight from the town

where the crime was committed sealed his fate and merited his conviction of a heinous
crime and the corresponding imposition of the supreme penalty of death. LLjur

In an Information led before the Regional Trial Court of Hilongos, Leyte, docketed
as Criminal Case No. H-642, accused-appellant Locsin Fabon, alias "Loklok," was charged
with the crime of robbery with homicide accompanied by rape and intentional mutilation. 1
The information reads:
That on or about the 23rd day of April 1995, in the Municipality of
Hilongos, Province of Leyte, Philippines and within the jurisdiction of this
Honorable Court, said accused at the house of the victim did then and there,
willfully, unlawfully and feloniously with intent to gain by means of force and
violence against one BONIFACIA LASQUITE, take and carry away, sum of money
consisting of bills of assorted denominations and coins amounting to TWENTY
FIVE THOUSAND PESOS (P25,000.00) more or less, Philippine Currency, and by
reason or on occasion of the robbery the same accused attack (sic) and take (sic)
the life of the victim with the use of [a] bladed weapon, thus wounding:
1. Lacerated wound on (R) side of the forehead about 0.5 cm. x 0.2
cm. with a depressed skull fracture;
2. Stabbed (sic) wound (punctured-like) at the (R) side of the epigastric
area;
3. Stabbed (sic) wound (punctured-like) at the 3rd intercostal space (L)
parasternal line;

4. Depressed fracture (L) parieto-occipital area;

5. Hematoma formation, lower jaw and at the base of the neck;

6. Multiple hematoma formation at the epigastric area, RUQ and

anterior chest wall; which clearly evince the manifest and intentional
mutilation of victim's person or corspe (sic); and likewise on the
same occasion of the robbery, rape has (sic) been committed by the
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 same accused on the person of the victim, BONIFACIA LASQUITE,
as shown by the autopsy report, thus: cdll

7. Hematoma formation noted on both sides of vaginal canal and near

urethral opening;

8. Hematoma formation (L) hand, dorsal aspect of metacarpo-

phalangeal joint;

9. Tonge (sic) half bitten and directed to the right side.

ACTS CONTRARY TO LAW. 2

Upon being arraigned on 26 September 1995, accused-appellant, assisted by

counsel de oficio, Atty. Mario Alonzo of the Public Attorney's O ce, pleaded "not guilty" to
the offense charged. 3
The prosecution presented Benjamin Milano, the nine (9) year old nephew and
neighbor of the accused-appellant, as its rst witness. He testi ed that on 23 April 1995,
at around ve o'clock in the morning, he was awakened by his mother to fetch water for
their morning meal. 4 Bringing along a container, he then proceeded to the water pump of
Bonifacia Lasquite, located at the back of the latter's house. 5 After lling up his container,
he then went on his way home. 6 However, while still near the house of Bonifacia Lasquite,
he noticed that someone was coming from the fence of Bonifacia Lasquite's house. 7
Although it was still a little dark, 8 he recognized it to be his uncle, accused-appellant. 9
While standing only ve (5) meters away, 10 accused-appellant asked him: "Toy, is there
somebody fetching water?" 11 He responded in the negative. He noticed that the forehead,
t-shirt and hair of accused-appellant were stained with blood. 12 He also noticed that
accused-appellant was carrying a plastic bag 13 and had a bolo tucked in his pants. 14
Accused-appellant then walked away in a hurried manner while repeatedly looking over his
shoulders. 15 Later on in the day, he was informed by a certain Emma about the death of
their neighbor, Bonifacia Lasquite. 16 Because of this, he informed Roberto Lasquite, the
son of Bonifacia Lasquite, of his encounter with accused-appellant in the early morning of
the ill-fated day. 17
The second witness presented by the prosecution was Mario Vinculado. He testi ed
that he has been a resident of Brgy. Santa Cruz, Hilongos, Leyte, since his birth and, as
such, he knows both accused-appellant and the victim. 1 8 Sometime in the second week of
August of 1995, he went to Ampayon, Butuan City together with a police o cer named
Lumayno from the Hilongos Police Station. 1 9 He went to the said town because he was
requested by Roberto Lasquite to accompany police o cer Lumayno in ascertaining
whether accused-appellant was indeed in Ampayon pursuant to an information sent by the
Butuan Police Station to the Hilongos Police Station. 2 0 When they arrived in Ampayon, they
went to the municipal jail where they found accused-appellant being investigated by the
police. 2 1 After the investigation, accused-appellant asked Mario Vinculado if they could
have a talk. 2 2 During their conversation, accused-appellant informed Mario Vinculado that
he had a companion when he assaulted Bonifacia Lasquite 2 3 and that he was only able to
stab the victim twice in the breast. 2 4 Upon Mario Vinculado's return to his hometown, he
informed the Hilongos police and Roberto Lasquite of the admission made to him by
accused-appellant. prLL

The prosecution then presented Dr. Conrado Abiera as its expert witness. He
testi ed that on 23 April 1995, he conducted an autopsy on the victim and,
correspondingly, accomplished a gross autopsy report. 2 5 The gross autopsy report reads:
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 Name: BONIFACIA FABON LASQUITE Age: 64 years old
Address: Brgy. Sta. Cruz, Hilongos, Leyte Sex: Female
Civil Status: Widow

Occupation: Housekeeper
Requesting Officer: Jaime S. Yamba

Sr. Insp. PNP

Acting Chief of Police

Date & Time of Autopsy: April 23, 1995 at 2:10 p.m.

Place of Autopsy: Brgy. Sta. Cruz, Hilongos, Leyte
General Survey: Fairly build (sic), fairly nourished, fairly developed,
whole body covered with with (sic) blanket, when
removed the face is (sic) covered with moist, torned
(sic) cloth the upper half of the body covered with cloth
and lower half naked, in the state of cadaveric spasm
with hematoma formation on the jaw and base of the
neck, lacerated wound on the forehead, stabbed (sic)
wound on the anterior chest wall and multiple
hematoma formation on the anterior chest wall. LexLib

Pertinent Findings:

1. Lacerated wound on (R) side of the forehead about 0.5 cm. x 0.2
cm. with a depressed skull fracture.

2. Stabbed (sic) wound (punctured-like) at the (R) side of epigastric

area.

3. Stabbed (sic) wound (punctured-like) at the 3rd intercostal space (L)

parasternal line.
4. Depressed fracture (L) parieto-occipital area.

5. Hematoma formation, lower jaw and at the base of the neck.

6. Multiple hematoma formation at the epigastric area, RUQ and
anterior chest wall.
7. Hematoma formation noted on both sides of vaginal canal and near
the urethral opening.
8. Hematoma formation (L) hand, dorsal aspect of metacarpo-
phalangeal joint.

9. Tongue half-bitten and directed to the right side.

Cause of Death: Internal Hemorrhage due to stabbed (sic) wound at
the heart and liver area. Suffocation secondary to
strangulation.

(signed)

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 DR. CONRADO B. ABIERA III

Medical Officer III 2 6

During his testimony, Dr. Abiera clari ed the statements he made in the gross
autopsy report. He stated that lacerated wound in the victim's forehead and the depressed
skull fracture, reported as the rst item under the heading Pertinent Findings, signi ed that
the victim was hit with a blunt instrument which could have been a stone, a piece of wood
or the back portion of a bolo. 2 7 He added that the same blunt instrument may have also
been used in the depressed fracture in the parieto-occipital area. 2 8 Dr. Abiera also
explained that the punctured-like stab wounds, reported as the second and third items
under the heading Pertinent Findings, meant that the assailant used an instrument similarly
shaped as an ice pick or a sharpened welding rod. 2 9 With regard to the hematoma
formation at the lower jaw and at the base of the neck, reported as the fth item above,
this signi es that the victim was strangled. 3 0 Dr. Abiera added that the strangulation of
the victim caused her to struggle for air and, in the process, she probably bit her tongue
which, thus, accounts for the nding in the ninth item above. 3 1 He concluded that this
strangulation could not have been caused by a wire or a rope since these instruments
would have left marks in the neck of the victim. In his expert opinion, Dr. Abiera deduced
that the victim was strangled through the use of a handkerchief or some other piece of
cloth. 3 2 With regard to the hematoma formation in the vaginal canal and near the urethral
opening, the seventh item above, he explained that this could mean that the victim was
raped. 3 3 However, he clari ed that he cannot assert such conclusion with certainty
because he did not examine if there were sperm cells in the victim's vagina since the
autopsy was conducted in a barrio where there was no laboratory. 3 4 Looking at the gross
autopsy report in its entirety, Dr. Abiera concluded that the assault on the victim could have
been done by more than one assailant considering that three devices were used in
attacking the victim, i.e., a blunt object, an ice-pick like tool and a cloth-like instrument. On
the aspect of mutilation, Dr. Abiera stated that no vital part of the victim's body was
severed which, thus, negates mutilation. 3 5
The fourth and nal witness for the prosecution was the son of the victim, Roberto
Lasquite. He testi ed that on 22 April 1995, he went with a friend to Sitio Panas, Brgy.
Bilibol, Southern Leyte, to attend a esta. 3 6 He stayed in the said place until the following
day. On 23 April 1995, at around ten o'clock in the morning, a certain Costan Taping
informed him that his mother was dead. 3 7 He immediately went home together with
Costan Taping and his ancée and arrived at their house at noon of the same day. 3 8 He
found his mother lying dead on the kitchen oor with their things scattered. 3 9 When he
searched for the shell where they kept their money, it was no longer in its hiding place in
their cabinet. 4 0 Inside the missing shell was the Twenty Five Thousand Pesos
(P25,000.00) that was sent to them by the victim's sister who lives in Denmark. 4 1 Later on
in the day, Benjamin Milano informed him of his encounter with accused-appellant while he
was fetching water. 4 2 Because of this, he and the barangay tanods looked for accused-
appellant. 4 3 They searched for accused-appellant for more than a month but could not
nd him. 4 4 He only learned about the whereabouts of his mother's assailant when he was
informed by police o cer Lumayno that accused-appellant had been arrested in Butuan
City. 4 5 Roberto Lasquite then went to their councilor, Mario Vinculado, to request the latter
to go to Butuan City and confirm if accused appellant indeed killed his mother. Cdpr

In his defense, accused-appellant took the witness stand and denied the
accusations against him. He testi ed that he was registered as a resident of Brgy. Bliss
but he actually resides in the house of his brother in Brgy. Sta. Cruz, 4 6 which is around 380
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 meters away from the house of Bonifacia Lasquite, her aunt. 4 7 He stated that in the
morning of 22 April 1999, he was with his live-in partner, Prima Naul, washing clothes since
they were preparing to leave for Butuan City the following day 4 8 in order to look for her
live-in partner's long lost father. 4 9 At noon of the same day, he and Prima Naul went to his
mother's house to have lunch. 5 0 They left his mother's house at around one o'clock in the
afternoon and returned to their house. 5 1 He turned in for bed at around nine o'clock in the
evening and woke up at 5:30 a.m. the following day, 23 April 1995. 5 2 He then prepared
their provisions for their Butuan trip and nished at around 8:00 a.m. 5 3 Thereafter, he went
to the house of the Brgy. Captain of Brgy. Bliss to get a residence certi cate. 5 4 He was
informed by the Brgy. Captain that he can get his residence certi cate from the Brgy.
Secretary, Mrs. Lumayno. 5 5 He went to the house of Mrs. Lumayno and was able to get a
residence certi cate. 5 6 He and his live-in partner then proceeded to Butuan City and
arrived thereat in the morning of the following day. 5 7 During their stay in Butuan City, they
were unable to locate her live-in partner's father. When inquired upon with regard to the
testimony of Benjamin Milano, accused-appellant denied that he saw the child in the
morning of 23 April 1995. On cross-examination, accused-appellant testi ed that he does
not know of any reason why Benjamin Milano testi ed the way he did. 5 8 He also admitted
having seen Mario Vinculado in the police station while he was incarcerated and being
investigated in Butuan City on account of another charge for robbery. 5 9 Despite his having
seen Mario Vinculado, he denies having spoken with the latter and that he admitted to
killing the victim. 6 0 He reasoned that he was unable to speak with Mario Vinculado since
he was being investigated by the police. 6 1 He also stated that when he left for Butuan City,
he was not aware that Bonifacia Lasquite was dead. 6 2 He, however, admitted that while he
was in Butuan City, he was informed by a certain Citas about the killing of the victim and
that he was being made responsible for the same. 6 3 Nevertheless, despite learning of this
matter, he admitted not having exerted any effort to inform Roberto Lasquite of his
innocence and justi ed his complacency with the excuse that he had differences with
Roberto Lasquite. 6 4 Their differences arose sometime in 1992 when he was accused by
Roberto Lasquite of having stabbed the latter's carabao. 6 5 Accused-appellant also
admitted having escaped from prison during the pendency of the present case before the
lower court. 6 6 He was, however, recaptured by prison guards for which he suffered a
gunshot wound. 6 7 When asked why he escaped, accused-appellant reasoned that his
decision to escape was due to the fact that he was denied his conjugal visits by prison
authorities since Prima Naul was only his live-in partner. 6 8
The second and last witness presented by the defense was Remedios Lumayno, the
secretary of the barangay who issued accused-appellant's residence certi cate. 6 9 She
corroborated the testimony of accused-appellant that the latter obtained a residence
certi cate from her on 23 April 1995 at around eight o'clock in the morning. 7 0 She also
stated that when accused-appellant secured his residence certi cate, the latter explained
to her that he was going to use it for his trip to Marangog where he will harvest coconut. 7 1
In its Decision, dated 15 December 1997, the lower court convicted accused-
appellant of the crime of robbery with homicide and rape aggravated by dwelling. The
pertinent portion of the decision reads:
There having been su cient and convincing evidence by the prosecution,
the court nds and so holds the accused liable for robbery with homicide and
rape as charged. Robbery with Homicide is de ned and penalized under Article
294, number 1 of the Revised Penal Code, as amended by R.A. 7659 with the
penalty of 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
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 shall have been accompanied by rape or intentional mutilation or arson. The
homicide committed by the accused on the occasion of the robbery of victim
Bonifacia Lasquite was perpetrated inside her home. Consequently, the
aggravating circumstance of dwelling should be appreciated to maximize the
penalty.
WHEREFORE, premises considered, the Court nds the accused LOCSIN
FABON, alias "Loklok" GUILTY beyond reasonable doubt of the crime of Robbery
with Homicide and Rape, penalized under Article 294, number 1 of the Revised
Penal Code, as amended by R.A. 7659 and there being aggravating and no
mitigating circumstance hereby SENTENCES him to suffer the maximum penalty
of DEATH.
In addition, the accused is ordered to pay the heirs of the victim Bonifacia
Lasquite the following sums:
a. P50,000.00 as indemnity for Bonifacia Lasquite's death;
b. To pay the sum of P25,000.00 by way of reparation of the stolen
cash money.
Cost taxed against the accused.
SO ORDERED. 72

The case is now before us on automatic review pursuant to Section 10 of Rule 122. llcd

Parenthetically, we note that the trial court inaccurately designated the crime
committed as "robbery with homicide and rape." 7 3 When the special complex crime of
robbery with homicide is accompanied by another offense like rape or intentional
mutilation, such additional offense is treated as an aggravating circumstance which would
result in the imposition of the maximum penalty of death. 7 4 In the case of People vs.
Lascuna, 7 5 we said:
We agree with the Solicitor General's observation that the crime committed
was erroneously designated as robbery with homicide, rape and physical injuries.
The proper designation is robbery with homicide aggravated by rape. When rape
and homicide co-exist in the commission of robbery, it is the rst paragraph of
Article 294 of the Revised Penal Code which applies, the rape to be considered as
an aggravating circumstance. . . . 7 6
We now come to the merits of the case. prcd

The core issue the instant case is whether the circumstantial evidence on record
forms an unbroken chain which leads to the conclusion that accused-appellant committed
the crime for which he is being made accountable for, to the exclusion of all others.
Circumstantial evidence is de ned as that which indirectly proves a fact in issue. 7 7 Under
Section 4 of Rule 133 of the Revised Rules on Evidence, circumstantial evidence is
su cient to convict an accused if the following requisites concur: (a) there is more than
one circumstance; (b) the facts from which the inferences are derived are proven; and (c)
the combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt. LLpr

The peculiarity of circumstantial evidence is that the guilt of the accused cannot be
deduced from scrutinizing just one particular piece of evidence. It is more like a puzzle
which, when put together, reveals a convincing picture pointing towards the conclusion
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 that the accused is the author of the crime.
In the case at bar, the circumstantial evidence presented by the prosecution clearly
establishes the guilt of accused-appellant and overpowers his defense of denial and alibi.
Aside from the fact that denial and alibi are inherently weak defenses, accused-appellant's
alibi of being in his house at 5:30 in the morning does not preclude his physical presence in
the house of the victim considering that their respective residences are only 380 meters
apart. Moreover, the proven circumstances in the instant case, when viewed in their
entirety, are as convincing as direct evidence and, as such, negate the innocence of
accused-appellant, to wit: (1) accused-appellant was present at the scene of the crime; (2)
he had blood stains on his body and clothes, had a bolo tucked in his waist and was
carrying a plastic bag when he was seen leaving the scene of the crime; (3) he left Brgy.
Sta. Cruz for Butuan City on the same day when the victim was killed; (4) he admitted to
Mario Vinculado that he killed the victim; (5) he did not even bother to inform Roberto
Lasquite of his alleged innocence despite having learned that he was being made
accountable for the death of Bonifacia Lasquite; (6) he could not think of any reason as to
why Benjamin Milano, his nephew, would lie in testifying against him; and (7) he escaped
from incarceration during the pendency of this case before the lower court. Clearly, the
foregoing evidence is consistent with the culpability of the accused and inconsistent with
his defense of denial and alibi. Not the least worthy of notice is the fact that accused-
appellant twice sought to escape liability: rst, on the day that the victim was killed and
second, while he was incarcerated in prison. As has often been repeated, ight is a strong
indication of guilt. 7 8 The reasons put forward by accused-appellant to justify the two
instances when he fled, i.e., rst, to look for his live-in partner's long lost father and second,
because he was denied conjugal visits, are simply too lame and whimsical to merit
credibility. Moreover, if the purpose of his trip to Butuan City was to look for his live-in
partner's father, why did he not return immediately to Brgy. Sta. Cruz after he and his live-in
partner failed to locate the whereabouts of the said father? The only logical reason would
be that he was avoiding something in Brgy. Sta. Cruz. However, despite his efforts to
escape from the long arm of the law, it still caught up with him in Butuan City. cdasia

In the appreciation of evidence in criminal cases, it is a basic tenet that the

prosecution has the burden of proof in establishing the guilt of the accused for all the
offenses he is charged with — ei incumbit probatio non qui negat. 7 9 The conviction of
accused-appellant must rest not on the weakness of his defense but on the strength of the
prosecution's evidence. In the present case, it is the opinion of the Court that although the
prosecution has su ciently established accused-appellant's guilt for the crime of robbery
with homicide, it has, however, failed to substantiate the alleged aggravating
circumstances of rape and intentional mutilation. As testi ed upon by the prosecution's
expert witness, Dr. Abiera, it cannot be conclusively stated that the victim was raped. Due
to the fact that the entirety of the evidence presented in this case are all circumstantial, the
fact that the victim was no longer wearing her underwear when her cadaver was
discovered and that the victim had hematoma formations on both sides of vaginal canal
and near the urethral opening cannot conclusively prove that she was raped. Moreover, the
aggravating circumstance of intentional mutilation cannot also be appreciated since, as
also testi ed upon by Dr. Abiera, no vital body part was severed. Likewise, the fact that the
victim's tongue was half-bitten does not prove intentional mutilation since it could have
been caused by the victim herself when she was ghting to breathe for air while she was
being strangled by accused-appellant. LibLex

However, despite our nding that accused-appellant cannot be made liable for the
aggravating circumstances of rape and intentional mutilation, a nding which would have
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 lowered the penalty in the instant case to reclusion perpetua, accused-appellant will still
have to suffer the supreme penalty of death due to the attendance of the aggravating
circumstance of dwelling 8 0 which was alleged in the information and duly proven during
the trial. Dwelling is considered aggravating primarily because of the sanctity of privacy
that the law accords to the human abode. 8 1 I n People vs. Cabato, 8 2 we ruled that:
"Dwelling is aggravating in robbery with violence or intimidation because this class of
robbery can be committed without the necessity of trespassing the sanctity of the
offended party's house." 8 3
The penalty for robbery with homicide is reclusion perpetua to death which is
composed of two (2) indivisible penalties. Applying Article 63 of the Revised Penal Code,
the imposable penalty in the present case is death due to the presence of the aggravating
circumstance of dwelling and the absence of any mitigating circumstance.
Although four Justices continue to maintain that Republic Act No. 7659, insofar as it
imposes the death penalty, is unconstitutional, they nevertheless submit to the ruling of the
majority that the law is constitutional and that the death penalty should accordingly be
imposed. cdll

IN VIEW OF THE FOREGOING, the Court nds the accused Locsin Fabon, alias
"Loklok," guilty beyond reasonable doubt of the crime of "robbery with homicide" under
Article 294 (1) of the Revised Penal Code, as amended by Republic Act No. 7659, 8 4 with
the aggravating circumstance of dwelling, and hereby sentences the said accused to
suffer the supreme penalty of death, to indemnify the heirs of Bonifacia Lasquite in the
amount of Fifty Thousand Pesos (P50,000.00) and to pay Twenty Five Thousand Pesos
(P25,000.00) as actual damages for the stolen money.
In accordance with Section 25 of Republic Act No. 7659, amending Article 83 of the
Revised Penal Code, upon nality of this decision, let copies of the records of this case be
forthwith forwarded to the O ce of the President of the Philippines for possible exercise
of clemency or pardoning power. cdasia

SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban,
Quisumbing, Purisima, Pardo, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ.,
concur.
Buena, J., is on leave.

Footnotes
1. Records, p. 236.
2. Id., at 38-39.
3. Id., at 47.
4. TSN, 28 November 1995, p. 9.
5. Id., at 12.
6. Id., at 6.
7. Id., at 7.
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 8. Id., at 12.
9. Id.
10. TSN, 28 November 1995, p. 20.
11. Id., at 7.
12. Id., at 8-9.
13. Id., at 7.
14. Id., at 9.
15. Id., at 7.
16. Id., at 10.
17. Id., at 10-11.
18. TSN, 22 January 1996, p. 4.
19. Id., at 6.
20. Id., at 6-8.
21. Id., at 10.
22. Id., at 14.
23. Id., at 16.
24. Id., at 15.
25. TSN, 12 December 1996, p. 4.

26. Exhibit "A", Records, p. 7.

27. Supra, note 25 at 6-7.
28. Id., at 7.
29. Id., at 5, 7.
30. Id., at 8.
31. Id., at 16.
32. Id., at 13-14.
33. Id., at 15.
34. Id., at 17.
35. Id., at 15.
36. TSN, 23 January 1997, p. 6.
37. Id., at 7.
38. Id., at 7-8.
39. Id., at 8.
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 40. Id., at 8-9.
41. Id., at 9-10.
42. Id., at 10.
43. Id., at 11.
44. Id., at 12-13.
45. Id., at 13.
46. TSN, 7 May 1997, p 5.
47. Id., at 13.
48. Id., at 6-7.
49. Id., at 23.
50. Id., at 7.
51. Id.
52. TSN, 7 May 1997, p. 8.

53. Ibid.
54. Id., at 9.
55. Id., at 10.
56. Id., at 9.
57. Id., at 11.
58. Id., at 18-19.
59. Id., at 19.
60. Id., at 19-20.
61. Id., at 20.
62. Id., at 22.
63. Id., at 32.
64. Id., at 32-33.
65. Id., at 33-34.
66. Id., at 27.
67. Ibid; Records, Prison Guard Report, p. 97.
68. Id., at 28-29.
69. TSN, 22 July 1997, p. 4.
70. Id., at 7.
71. Ibid.
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 72. Records, Decision, p. 243.
73. Ibid.
74. ART. 294. Robbery with violence against or intimidation of persons — Penalties. — Any
person guilty of robbery with the use of violence against or any person shall suffer:
1. The penalty of 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.

xxx xxx xxx

75. 225 SCRA 386 (1993).

76. Id., at 404 (italics supplied).

77. People vs. Caparas, 290 SCRA 78 (1998); People vs. Andal, 279 SCRA 474 (1997).
78. People vs. Guarin, G.R. No. 125964, 22 October 1999; People vs. Sanchez, G.R. No.
118423, 16 June 1999 People vs. Tidula, 292 SCRA 596 (1998).
79. People vs. Masalihit, 300 SCRA 147 (1998); People vs. Olivarez, 299 SCRA 635 (1998).
December 1998.

80. Art. 14 (3), Revised Penal Code.

81. People vs. Paraiso, G. R. No. 127840, 29 November 1999.

82. 160 SCRA 98 (1988).

83. Id., at 110.

84. See note 74.

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