PEOPLE v. DEL ROSARIO 3.
3 days after the incident, police received information that appellant was
June 20, 2001 | Buena, J. | Motive and Intent | Presumption of criminal intent
APPELLEE: People of the Philippines
APPELLANT: Donato Del Rosario
SUMMARY: This is an appeal from the decision of the RTC convicting
Appellant Donato Del Rosario of the crime of robbery with homicide and
sentencing him to reclusion perpetua. Appellant initially surrendered and
pleaded guilty but retracted his confession later on. He mainly contends that the
requisites of robbery with homicide are not present. SC rejects his arguments and
holds that intent to gain is presumed in his unlawful act of robbery followed by
the killing of Raquel Lopez. The decision of the RTC to convict appellant is
affirmed.
DOCTRINE:
Intent to gain or animus lucrandi is the usual motive to be presumed from all
furtive taking of useful property pertaining to another except in special
circumstances revealing a different intent on the part of the perpetrator. This
intent is an internal act, which can be established through the overt acts of
the offender.
Elements of robbery with homicide:
(1) The taking of personal property with the use of violence or intimidation
against a person
(2) The property thus taken belongs to another
(3) The taking is characterized by intent to gain or animus lucrandi
(4) On the occasion of the robbery or by reason thereof, the crime of
homicide, which is therein used in a generic sence, was committed
Rule 131, Section 3 [b] of the Rules of Court
Disputable presumptions – The following presumptions are satisfactory if
uncontradicted, but may be contradicted and overcome by other evidence:
… the doing of a recent wrongful act is the taker and doer of the whole
(b) That an unlawful act was done with an unlawful intent
FACTS:
1. Information accuses appellant Del Rosario of robbing jewelry worth a total
amount of P10,700 from the house of Emilita Paragua. On the occasion of
the robbery, Raquel Lopez (11-year old niece of Emilita) was killed.
Autopsy findings show that Raquel was hit in the head with a hard object
and was strangled with a Cat-V wire leading to aphysxia injuries and her
death.
2. Police investigation shows that the sala was set on fire and found items
therein and two bedrooms burned. Raquel Lopez’s body was found in the
kitchen. Autopsy report shows that Raquel was already dead before the fire.
seen standing at the back of the house before crime was committed.
Appellant surrendered to the police officer Morales, brother-in-law of his
common-law wife. He volunteered to show where he sold the jewelries he
took from the house of Emilita. Policemen and appellant, not even
handcuffed, went to “Lovely Kahael Pawnshop”.
4. In the police station, Atty. Dela Cruz served as his counsel and informed
him of the contents of the waiver/confession. That was only when he
realized the contents of the document that Atty. Dela Cruz signed as his
counsel.
5. Appellant changed his account on that day. He alleged that:
a. He only surrendered upon the persuasion of Morales and knowing
there was a threat to kill him by a member of a salvage team.
b. He was mauled and violently forced to sign a document.
c. He did not recall going to the prosecutor’s office to file his
counter-affidavit not to the fiscal’s office for preliminary
investigation.
d. It is essential to prove the intent to rob and that the intent to
rob must come first before killing transpired.
6. RTC convicted him of Robbery with Homicide. Hence, this appeal.
ISSUE/s:
WoN requisites of special complex crimed of robbery with homicide are present –
YES
RULING: Conviction of appellant AFFIRMED. Modification to reduce indemnity
from P100,000 to P50,000 pursuant to prevailing jurisprudence.
RATIO:
1. Intent to gain is presumed to be alleged in an information where it is
charged that there was an unlawful taking and appropriation by the offender
of the things subject of the robbery. Abundant jurisprudence abides by the
disputable presumption “that a person found in possession of a thing in
act”
a. In this case, it is apparent that the reason appellant stole the
jewelry of Emilia was because he intended to gain by them. He had
admitted that he needed money to marry his common-law wife.
b. Testimonies of witnesses indicate that appellant pawned and sold
the jewelry, showing that he had possession of stolen jewelry.
c. Court rules that appellant intended to rob Emilita Paragua.
2. In the robbery with homicide, homicide may precede robbery or may occur
after robbery. What is essential is the intimate connection between robbery
and the killing. Court finds that Raquel was killed to cover up the theft.
3. His allegation that his arrest was violative of his unconstitutional rights and
his alibi are both not well-founded. His statements were not corroborated.