CRIMINAL LAW II Session 4 Page |1

G.R. No. 123819. November 14, 2001.* Same; Circumstantial Evidence; Requisites; Circumstantial evidence may be
resorted to in proving the identity of the accused when direct evidence is
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. STEPHEN MARK
not available, otherwise felons would go scot-free and the community
WHISENHUNT, accused-appellant.
would be denied proper protection.—While it may be true that there was
Witnesses; The Supreme Court has consistently ruled that factual findings of no eyewitness to the death of Elsa, the confluence of the testimonial and
the trial court deserve the highest respect.—This Court has consistently physical evidence against accused-appellant creates an unbroken chain of
ruled that factual findings of the trial court deserve the highest respect. This circumstantial evidence that naturally leads to the fair and reasonable
is based on the fact that the trial judge is in the best position to assess the conclusion that accused-appellant was the author of the crime, to the
credibility of the witnesses who appeared before his sala as he had exclusion of all others. Circumstantial evidence, may be resorted to in
personally heard them and observed their deportment and manner of proving the identity of the accused when direct evidence is not available,
testifying during the trial. Especially, where issues raised involve the otherwise felons would go scot-free and the community would be denied
credibility of witnesses, the trial court’s findings thereon will not be proper protection. The rules on evidence and jurisprudence sustain the
disturbed on appeal absent any clear showing that it overlooked, conviction of an accused through circumstantial evidence when the
misunderstood or misapplied some facts, or circumstances of weight or following requisites concur: (1) there must be more than one circumstance;
substance, which could have affected the result of the case. Succinctly put, (2) the inference must be based on proven facts; and (3) the combination of
findings of fact of the trial court pertaining to the credibility of witnesses all circumstances produces a conviction beyond doubt of the guilt of the
command great weight and respect since it had the opportunity to observe accused.
their demeanor while they testified in court.
Same; Hearsay Rule; Opinion Evidence; Expert Witnesses; The presentation
Evidence; Physical evidence is a mute but eloquent manifestation of truth, of expert testimony is one of the well-known exceptions to the rule against
and it ranks high in the hierarchy of our trustworthy evidence.—Perhaps admissibility of opinions in evidence.—By rejecting the testimony of Dr.
more damning to accused-appellant is the physical evidence against him. Brion, the trial court did not mean that he perjured himself on the witness
The findings of the forensic biologist on the examination of the hair samples stand. Notably, Dr. Brion was presented as expert witness. His testimony
and bloodstains all confirm Elsa’s death inside accusedappellant’s bedroom. and the questions propounded on him dealt with his opinion on the
On the other hand, the autopsy report revealed that Elsa was stabbed at probable cause of death of the victim. Indeed, the presentation of expert
least three times on the chest. This, taken together with Demetrio’s testimony is one of the well-known exceptions to the rule against
testimony that accused-appellant kept the kitchen knife inside his bedroom admissibility of opinions in evidence. In like manner, Dr. Mendez was
on September 24, 1993, leads to the inescapable fact that accused-appellant presented on the stand to give his own opinion on the same subject. His
stabbed Elsa inside the bedroom or bathroom. Physical evidence is a mute opinion differed from that of Dr. Brion, which is not at all unusual. What the
but eloquent manifestation of truth, and it ranks high in the hierarchy of our trial court simply did was to choose which—between two conflicting
trustworthy evidence. For this reason, it is regarded as evidence of the medico-Iegal opinions—was the more plausible. The trial court correctly
highest order. It speaks more eloquently than a hundred witnesses. lent more credence to Dr. Mendez’s testimony, not only because Dr. Brion
was a biased witness, but more importantly, because it was Dr. Mendez
who conducted the autopsy and personally examined Elsa’s corpse up close.
 CRIMINAL LAW II Session 4 Page |2

Criminal Law; Murder; The Court finds the cruel treatment by an employer in the commission of the crime. The fact that the victim was a woman does
too flimsy a motive for the employee to implicate him in a gruesome and not, by itself, establish that accusedappellant committed the crime with
hideous crime.—As already stated above, Demetrio’s testimony was abuse of superior strength. There ought to be enough proof of the relative
convincing. Accused-appellant attempts to refute Demetrio’s statements by strength of the aggressor and the victim. Abuse of superior strength must be
saying that he had repeatedly reprimanded the latter for discourteous and shown and clearly established as the crime itself. In this case, nobody
reckless driving, and that he had already asked the latter to tender his witnessed the actual killing. Nowhere in Demetrio’s testimony, and it is not
resignation. Thus, accused-appellant claims that Demetrio imputed Elsa’s indicated in any of the pieces of physical evidence, that accused-appellant
death on him in order to get back at him. This Court finds the cruel deliberately took advantage of his superior strength in overpowering Elsa.
treatment by an employer too flimsy a motive for the employee to implicate On the contrary, this Court observed from viewing the photograph of
him in such a gruesome and hideous crime. Rather than entertain an accused-appellant that he has a rather small frame. Hence, the attendance
accusation of ill-motive and bad faith on Demetrio Ravelo, this Court views of the qualifying circumstance of abuse of superior strength was not
his act of promptly reporting the incident to his family and, later, to the adequately proved and cannot be appreciated against accused-appellant.
authorities, as a genuine desire to bring justice to the cruel and senseless
Same; Same; Same; Outraging and Scoffing; The mere decapitation of the
slaying of Elsa Santos Castillo, whom he knew well.
victim’s head constitutes outraging or scoffing at the corpse of the victim,
Criminal Procedure; The rule is settled that any objection involving a thus qualifying the killing to murder.—However, the other circumstance of
warrant of arrest or procedure in the acquisition by the court of jurisdiction outraging and scoffing at the corpse of the victim was correctly appreciated
over the person of an accused must be made before he enters his plea, by the trial court. The mere decapitation of the victim’s head constitutes
otherwise the objection is deemed waived.—Accused-appellant also argues outraging or scoffing at the corpse of the victim, thus qualifying the killing to
that his arrest was without a warrant and, therefore, illegal. In this regard, murder. In this case, accused-appellant not only beheaded Elsa. He further
the rule is settled that any objection involving a warrant of arrest or cut up her body like pieces of meat. Then, he strewed the dismembered
procedure in the acquisition by the court of jurisdiction over the person of parts of her body in a deserted road in the countryside, leaving them to rot
an accused must be made before he enters his plea, otherwise the objection on the ground. The sight of Elsa’s severed body parts on the ground, vividly
is deemed waived. In other words, it is too late in the day for depicted in the photographs offered in evidence, is both revolting and
accusedappellant to raise an issue about his warrantless arrest after he horrifying. At the same time, the viewer cannot help but feel utter pity for
pleaded to a valid information and after a judgment of conviction was the sub-human manner of disposing of her remains.
rendered against him after a full-blown trial.
Same; Same; Damages; Basic is the jurisprudential principle that in
Criminal Law; Murder; Aggravating Circumstances; Abuse of Superior determining actual damages, the court cannot rely on mere assertions,
Strength; The fact that the victim was a woman does not, by itself, establish speculations, conjectures or guesswork but must depend on competent
that the accused committed the crime with abuse of superior strength.—We proof and on the best obtainable evidence of the actual amount of the
do not agree with the trial court that the prosecution sufficiently proved the loss—actual damages cannot be presumed but must be duly proved with
qualifying circumstance of abuse of superior strength. Abuse of superiority reasonable certainty.—However, the damages awarded by trial court should
is present whenever there is inequality of forces between the victim and the be modified. Elida Santos, Elsa’s sister, testified that the funeral expenses
aggressor, assuming a situation of superiority of strength notoriously was only P50,000.00. Hence, the trial court erred when it awarded the
advantageous for the aggressor and selected or taken advantage of by him amount of P100,000.00. Basic is the jurisprudential principle that in
 CRIMINAL LAW II Session 4 Page |3

determining actual damages, the court cannot rely on mere assertions, WHEREFORE, finding the accused Stephen Mark Whisenhunt guilty beyond
speculations, conjectures or guesswork but must depend on competent reasonable doubt of murder defined and penalized under Art. 248, Revised
proof and on the best obtainable evidence of the actual amount of the loss. Penal Code, he is hereby sentenced to suffer the penalty of reclusion
Actual damages cannot be presumed but must be duly proved with perpetua, with the accessory penalties provided for by law, to pay the heirs
reasonable certainty. of the deceased the amount of P100,000.00 representing actual expenses
for the funeral services and wake for 5 days, P3,000,000.00 by way of moral
Same; Same; Same; The amount of P3,000,000.00 awarded by the trial court
damages, exemplary damages in the amount of P1,000,000.00 and
as moral damages is rather excessive—the reasonable amount is
attorney’s fees in the amount of P150,000.00.
P1,000,000.00 considering the immense sorrow and shock suffered by the
victim’s heirs.—The award of moral damages in murder cases is justified SO ORDERED.2
because of the physical suffering and mental anguish brought about by the
On November 19, 1993, accused-appellant was formally charged with the
felonious acts, and is thus recoverable in criminal offenses resulting in
murder of Elsa Santos-Castillo, under an Information which read:
death. It is true that moral damages are not intended to enrich the victim’s
heirs or to penalize the convict, but to obviate the spiritual sufferings of the That on or about September 24, 1993, in the Municipality of San Juan,
heirs. Considering, however, the extraordinary circumstances in the case at Metro Manila, Philippines, and within the jurisdiction of this Honorable
bar, more particularly the unusual grief and outrage suffered by her Court, the above-named accused did then and there wilfully, unlawfully and
bereaved family as a result of the brutal and indecent mutilation and feloniously, with intent to kill and taking advantage of superior strength,
disposal of Elsa’s body, the moral damages to be awarded to them should attack, assault and use personal violence upon the person of one Elsa “Elsie”
be more than the normal amount dictated by jurisprudence. However, the Santos Castillo by then and there stabbing her with a bladed weapon in
amount of P3,000,000.00 awarded by the trial court as moral damages is different parts of her body, thereby inflicting upon her mortal wounds
rather excessive. The reasonable amount is P1,000,000.00 considering the which were the direct and immediate cause of her death and thereafter
immense sorrow and shock suffered by Elsa’s heirs. outraged or scoffed her corpse by then and there chopping off her head and
different parts of her body.
APPEAL from a decision of the Regional Trial Court of Pasig City, Br. 152.
The case was filed with the Regional Trial Court of Pasig City and was raffled
The facts are stated in the opinion of the Court.
to Branch 152. On January 6, 1994, accusedappellant was arraigned with the
The Solicitor General for plaintiff-appellee. assistance of counsel de parte. He entered a plea of not guilty.4

M.R. Pamaran & Associates and T.P. Fernandez Law Office for accused- The evidence shows that accused-appellant and the deceased, Elsa Santos-
appellant. Castillo, also known as Elsie, were lovers. They met at the Apex Motor
Corporation where accused-appellant was the Manager while Elsa was the
YNARES-SANTIAGO, J.:
Assistant Personnel Manager. Both accused-appellant and Elsa were
This is a direct appeal from the decision1 of the Regional Trial Court of Pasig married, but they were estranged from their respective spouses. In April
City, Branch 152, in Criminal Case No. 102687, the dispositive portion of 1993, Elsa resigned from Apex presumably to avoid the nasty rumors about
which states: her illicit affair with accused-appellant.5 It appears, however, that she
 CRIMINAL LAW II Session 4 Page |4

continued her affair with accused-appellant even after she resigned from some clothes, since they were leaving for Bagac, Bataan. On the way to
Apex Motor Corporation. Cubao, Lucy told Demetrio that she was going home. He dropped her off in
front of the Farmer’s Market. Thereafter, he proceeded to his house in
On September 23, 1993, Demetrio Ravelo, an Apex employee assigned to
Fairview, Quezon City, to pick up some clothes, then returned to the
drive for accused-appellant, reported for work at 8:30 a.m. at the latter’s
condominium at around 10:00 a.m.11
condominium unit at the Platinum Condominium, Annapolis Street,
Greenhills, San Juan, Metro Manila.6 Accused-appellant ordered him to Accused-appellant asked him to check the fuel gauge of the car. He was told
fetch Elsa at her parents’ house in Blumentritt, Manila at 10:30 a.m. He to go to Apex to get a gas slip and then to gas up. At around noon, he went
found Elsa standing at a corner near her parent’s house, wearing a violet- back to the condominium. He had lunch outside at Goodah, then returned
colored blouse with floral prints, and was carrying three bags—a paper bag, to accused-appellant’s unit and stayed in the servants’ quarters.12
a violet Giordano bag and a thick brown leather bag with the trademark of
While Demetrio was in the servants’ quarters watching television, accused-
“Mitsubishi.” He brought Elsa to accused-appellant’s condominium unit.7
appellant came in. He asked Demetrio how long he wanted to work for him.
At 2:00 p.m., Elsa told Demetrio to go to the Apex office in Mandaluyong to Demetrio replied that he was willing to work for him forever, and expressed
deliver a paper bag to Amy Serrano, the Personnel Manager. He proceeded his full trust in him. Upon hearing this, accused-appellant shed tears and
to the Apex office, and then returned to Platinum. Accused-appellant asked embraced Demetrio. Then accused-appellant said, “May problema ako,
him to stay because he had to drive Elsa home at 10:00 p.m. He waited until Rio.” Demetrio asked what it was, and accused-appellant told him that Elsa
a little past 10:00 p.m. When he had not heard from accused-appellant, he was dead. Demetrio asked, “Bakit mo siya pinatay?”13 Accusedappellant
told Lucy, the housemaid, that he was going home.8 answered that he did not kill Elsa, rather she died of “bangungot.”14

The following day, Demetrio again reported at accusedappellant’s unit. At Demetrio suggested that Elsa’s body be autopsied, but accusedappellant
around noon, Lucy asked if he had seen a kitchen knife which was missing. said that he had already beheaded her. He asked Demetrio if he wanted to
He then overheard Lucy ask accused-appellant who told her that the kitchen see the decapitated body, but the latter refused. The two of them went to
knife was in his bedroom. Demetrio saw accused-appellant go inside the Shoppesville at the Greenhills Shopping Center and bought a big bag with a
room and, shortly thereafter, hand the knife to Lucy.9 zipper and rollers, colored black and gray.15 Demetrio noticed that accused-
appellant seemed nervous and his eyes were teary and bloodshot.
At 3:40 p.m., Lucy told Demetrio to buy cigarettes for accusedappellant. He
went out to buy the cigarettes and gave them to Lucy. At 5:00 p.m., When they returned to the condominium, accused-appellant asked
accused-appellant told Demetrio to go home.10 Demetrio to help him wrap the body in the black garbage bags. Demetrio
entered accused-appellant’s bathroom and found the dismembered hands,
On September 25, 1993, Demetrio reported at the Platinum Condominium
feet, trunk and head of a woman. He lifted the severed head by the hair
at around 8:00 a.m. He was allowed by accusedappellant to go to Apex to
and, when he lifted it, he saw Elsa’s face. He placed this in a black trash bag.
follow up his salary. While he was there, Amy Serrano asked him if Elsa was
He helped accusedappellant place the other body parts in three separate
still in accused-appellants condominium unit. Although Demetrio did not see
garbage bags. They packed all the garbage bags in the bag with the zipper
Elsa there, he answered yes. Amy gave him black plastic garbage bags which
and rollers, which they had bought in Shoppesville. Then, they brought the
he turned over to accused-appellant upon his return to the condominium.
bag down and loaded it in the trunk of accusedappellant’s car. After that,
The latter then ordered him to drive Lucy to Cubao and to go home to get
 CRIMINAL LAW II Session 4 Page |5

they boarded the car. Demetrio took the wheel and accused-appellant sat It was about midnight when accused-appellant and Demetrio arrived at the
beside him in front.16 mansion. Demetrio was unable to sleep that night, as he was scared that he
might be the next victim.21
It was almost 2:00 p.m. when Demetrio and accused-appellant left the
condominium. Accused-appellant told Demetrio to drive around Batangas The next morning, at 11:00 a.m., accused-appellant ordered Demetrio to
and Tagaytay City. After leaving Tagaytay, they entered the South Luzon clean the trunk of the car, saying, “Rio, linisan mo ang sasakyan para ang
Expressway and headed towards Sta. Rosa, Laguna. When they were near compartment hindi babaho.”22 At 1:00 p.m., accused-appellant and
Puting Kahoy and Silangan, accused-appellant told Demetrio to turn into a Demetrio started off for Manila. As they passed a place called Kabog-kabog,
narrow road. Somewhere along that road, accused-appellant ordered he saw accused-appellant take out an ATM card. Accused-appellant burned
Demetrio to stop the car.17 the middle of the card, twisted it and threw it out of the window. They
arrived at the corner of EDSA and Quezon Avenue at 2:30 p.m. Demetrio
Accused-appellant alighted and told Demetrio to get the bag in the trunk.
asked accused-appellant if he can get off since he wanted to go home to
Accused-appellant took the plastic bags inside the bag and dumped them by
Fairview. Before Demetrio left, accused-appellant told him, “Rio, you and
the roadside. Then, accused-appellant returned the empty bag in the trunk
your family can go on a vacation. I will give you money.” Accused-appellant
and boarded the car. He called Demetrio and said, “Tayo na Rio, tuloy na
then gave Demetrio P50.00 for his transportation going to Fairview.23
tayo sa Bataan.” It was already 6:30 p.m.18
When Demetrio got home, he immediately told his family what happened.
Demetrio drove to the Sta. Rosa exit gate, along the South Luzon
His wife told him to report the incident to Fiscal Joey Diaz. Demetrio and his
Expressway, through EDSA and towards the North Luzon Expressway. They
wife went to the house of Fiscal Diaz in Fairview to talk to him.24
stopped at a gasoline station to refuel. They then took the San Fernando,
Pampanga exit, and were soon en route to the Whisenhunt family mansion The following morning, September 27, 1993, Fiscal Diaz, Demetrio, his wife
in Bagac, Bataan.19 and his brothers went to the Department of Justice. They were referred to
the National Bureau of Investigation, where Demetrio gave his statement
Before reaching Bagac, accused-appellant ordered Demetrio to stop the car
before Atty. Artemio Sacaguing, head of the Anti-Organized Crime
on top of a bridge. Accused-appellant told Demetrio to get off and to throw
Division.25 Initially, Atty. Sacaguing could not believe what he heard and
a bag into the river. Later, they passed another bridge and accused-
thought Demetrio was exaggerating. He dispatched a team of NBI agents,
appellant again told Demetrio to pull over. Accused-appellant alighted and
headed by Marianito Panganiban, to verify Demetrio’s report.26
threw Elsa’s clothes over the bridge. On the way, Demetrio noticed that
Accompanied by Demetrio, the team proceeded to Barangay Polong, Sta.
accused-appellant took something from a bag, tore it to pieces and threw it
Cruz, Sta. Rosa, Laguna. There, they found a crowd of people gathered
out of the window. When they passed Pilar, Bataan, accused-appellant
around the mutilated parts of a human body along the road.27 The body
threw Elsa’s violet Giordano bag. As they reached the road boundary of
parts had been discovered by tricycle drivers. The Sta. Rosa Police, under
Bagac, accused-appellant wrung a short-sleeved dress with violet and green
Chief Investigator SPO3 Alipio Quintos, was already conducting an
stripes, and threw it on a grassy lot.20
investigation. Agent Panganiban radioed Atty. Sacaguing in Manila that
Demetrio’s report was positive.28
 CRIMINAL LAW II Session 4 Page |6

The mutilated body parts were brought to the Lim de Mesa Funeral Parlor in a waiver of the provisions of Article 125 of the Revised Penal Code. Hence,
Sta, Rosa. Two NBI agents, together with Demetrio, went to the house of he was detained at the NBI.35
Elsa’s family to inform them of her death. The NBI agents accompanied
On September 29, 1993, armed with a search warrant,36 the NBI agents
Elsa’s two sisters, Amelia Villadiego and Elida Santos, to the funeral parlor,
conducted a search of the condominium unit of accusedappellant. They
where they identified the body parts as belonging to Elsa.
recovered hair strands from underneath the rubber mat and rugs inside
In the morning of September 28, 1993, accused-appellant was arrested by accused-appellant’s bathroom.37 In accused-appellant’s bedroom, they
operatives of the NBI as he drove up to his parking space at Apex Motor found bloodstains on the bedspread and covers. They also found a pair of
Corporation.29 When Atty. Sacaguing approached and introduced himself, Topsider shoes with bloodstains, a bottle of Vicks Formula 44 cough syrup,
accused-appellant became nervous and started to tremble.30 and some more hair strands on the lampshade.38

Accused-appellant was brought to the NBI in his car. When he arrived there, Later that day, Demetrio Ravelo accompanied some NBI agents to retrace
Atty. Sacaguing informed him that it may be necessary to impound the car the route he took with accused-appellant going to Bataan, with the
since, based on Demetrio’s statement, the same was used in the objective of retrieving the items thrown away by accused-appellant. They
commission of the crime. Accused-appellant asked permission to retrieve were able to recover a violet bag, one brown sandal and a shirt with violet
personal belongings from the car. After getting his things from the car, and green floral prints,39 which were brought to the NBI office. Amelia
accused-appellant opened the trunk to place some items inside. When he Santos Villadiego, Elsa’s sister, was summoned to identify the items.40
opened the compartment, the people around the car moved away because
In the meantime, Caroline Y. Custodio, Supervising Forensic Biologist of the
of the foul stench that emanated from inside. Atty. Sacaguing inspected the
NBI, who conducted comparative examinations between the hair specimens
interior of the trunk and found stains on the lawanit board lying flat inside
found in accused-appellant’s bathroom and hair samples taken from the
the compartment, which he suspected to be blood. Thus, he instructed his
victim while she lay in state, found that “the questioned hair specimen
agents to fetch a technician from the NBI Chemistry Division to examine the
showed similarities to the hair taken from the victim.41
stain.31
Custodio further reported that the bloodstains on the bed cushion cover,
During Atty. Sacaguing’s interview of accused-appellant, he noticed
bedspread and Topsider shoes, all found inside accusedappellant’s
contusions on accused-appellant’s lower lip and cheek. As standard
bedroom, gave positive results for human blood, showing reactions of
procedure, and in order to rule out any accusation of violence on accused-
Group “B”.42 The bloodstains on the plywood board taken from accused-
appellant on the part of the NBI agents, Atty. Sacaguing ordered a medical
appellant’s vehicle were also examined and. found to give positive results
examination of accused-appellant.32
for human blood showing reactions of Group “B”.43 On the other hand, the
The Medico-Legal Officer found contusions on accusedappellant’s left examination of blood taken from the victim likewise showed reactions of
periumbilical region, right elbow, left and right forearms and right leg.33 Group “B”.44

That same afternoon, before the close of office hours, accusedappellant was Dr. Ronaldo B. Mendez, the Medico-Legal Officer who conducted the
brought to the Department of Justice for inquest.34 However, accused- autopsy, concluded that the cause of death of Elsa Santos Castillo were stab
appellant moved that a preliminary investigation be conducted, and signed wounds.45 Dr. Mendez found one stab wound on the right breast which
penetrated the right lung. He also found two stab wounds under the left
 CRIMINAL LAW II Session 4 Page |7

breast which penetrated the diaphragm and abdominal cavity, and also 2. 0.8 cm., elliptical, clean-cut edges, oriented almost vertically, with sharp
penetrated the right portion of the liver.46 More particularly, the autopsy inferior extremity and blunt superior extremity, located at the
yielded the following postmortem findings: inframammary area, left, 1.1 cms., from the anterior median line, directed
backwards, downwards and medially, involving the soft tissues only with an
Body in moderately advanced stage of decomposition.
approximate depth of 2.0 cms.
Head, decapitated, level above 4th cervical vertebra; both hands severed
3. 2.0 cms., elliptical, clean-cut edges, oriented obliquely, with sharp infero-
cutting completely the lower ends of both radius and ulna; both legs,
lateral extremity and blunt supero-medial extremity, located at the
disarticulated at knee joints and cut-off with both patellar bones, missing;
inframammary area, left, 2.2 cms., from the anterior median line, directed
both feet, disarticulated at the ankle joints and cut-off; all soft tissues of
backwards, downwards, and from left to right, involving the soft tissues,
both thighs and perineum, removed, exposing completely the femoral
into the left thoracic cavity, perforating the diaphragm, into the abdominal
bones and partially the pelvic bone.
cavity, penetrating the right lobe of the liver with an approximate depth
Incised wounds: 19.5 cms., left axillary area; 55.0 cms., thoracoabdominal 10.0 cms.
area, along median line, with the abdominal incision involving the whole
Brain, markedly softened and reduced to grayish white, pultaceous mass.
thickness and the thoracic incision involving the soft tissues and cutting the
sternum from the xiphoid process up to the level of the third cartilage; from Other visceral organs, putrified,
the 3rd cartilage up to the lower border of the neck.
Stomach is almost empty.
Abdominal organs, removed from the abdominal cavity.
CAUSE OF DEATH:—STAB WOUNDS.47
Contusions: 26.0 x 16.5 cms., face, more on the left side involving the
In his defense, accused-appellant alleged that he stayed home on
forehead, temporal, nasal, orbital and maxillary areas; 25.0 x 11.0 cms.,
September 23, 1993 because he was not feeling well. He denied that he
deltoid area, extending down to the upper 2/3, arm, left.
asked Demetrio Ravelo to fetch Elsa. He refuted Demetrio’s testimony that
Incised Wound, 3.0 cms., neck area, along anterior median line. accused-appellant asked him to buy cigarettes, or that accused-appellant
told him to go home at 5:00 p.m. Rather, accused-appellant maintained that
Hematoma, scalp, massive, temporo-parietal, left.
he did not see Demetrio at any time in the afternoon of September 24,
STAB WOUNDS: 1993.48

1. 1.8 cms., elliptical, clean-cut edges, oriented obliquely with sharp infero- On September 25, 1993, accused-appellant alleged that he was feeling
lateral extremity and blunt supero-medial extremity, located at the better, hence, told Demetrio that they were to leave for Bagac, Bataan that
mammary area, right; 3.0 cms., from the Interior median line, directed afternoon. They left the condominium at about 1:00 to 1:30 p.m. and
backwards, downwards and laterally, involving the soft tissues, cutting proceeded straight to Bagac. When they arrived at Bagac, accused-appellant
completely the 4th cartilage, right side, into the right thoracic cavity, went straight to the kitchen and met his mother, father, aunt and
penetrating the lower of the right lung with an approximate depth 8.5 cms. grandmother. Demetrio got the things out of the car and then asked
accused-appellant’s permission to take the car to go to the town.49
 CRIMINAL LAW II Session 4 Page |8

Accused-appellant’s mother, Mrs. Nieves Whisenhunt, testified that At first, accused-appellant ignored the letters. But when he told Elsa about
accused-appellant arrived at their beach house in Bagac, Bataan on them, she got very upset and worried. She said the letters came from Fred,
September 25, 1993 at 5:00 p.m. At 7:00 the next morning, she saw her estranged husband.57
accused-appellant clad in beach attire. Later that day, she and her husband
Ms. Frances Sison, accused-appellant’s aunt, testified that she and her
had lunch at the clubhouse, which was about three to four minutes drive
mother visited accused-appellant at 3:00 p.m. on September 23, 1993. She
from their house. When they returned home at 2:00 p.m., accused-
went inside the bedroom and talked to accusedappellant for about 30
appellant and his driver, Demetrio, had already left.50 This was
minutes. While they were there, Ms. Sison testified that she did not see
corroborated by accusedappellant’s aunt, Ms. Frances Sison.51
anyone else in the bedroom. She also said the door of the bathroom inside
Accused-appellant claimed that he went jet-skiing in the morning of the room was open, and there was nobody inside. The next day, at 4:00
September 25, 1993. He alleged that the water was choppy and caused his p.m., she went back to visit accused-appellant. Again, they went inside
jet-ski to lose control. As a result, he suffered bruises on his chest and legs. accusedappellant’s bedroom and stayed there for one hour, The door of the
Thereafter, he went home, cleaned up, changed clothes and rested. Later, bathroom was open, and she saw that there was nobody inside. The
as he was going down the stairs, he slipped and extended his arm to stop his following morning, they passed by the condominium before proceeding to
fall. He had lunch with this family. At 1:30 p.m., he and Demetrio left Bagac Bagac, Bataan. They went inside accused-appellant’s bedroom and talked to
for Manila.52 him. As in the last two occasions, Ms. Sison saw through the open door of
the bathroom that there was no one inside.58
According to accused-appellant, he first learned of Elsa’s death when he was
arrested by the NBI on September 28, 1993.53 He denied having anything to Theresa Whisenhunt, accused-appellant’s sister-in-law, testified that
do with her death, saying that he had no reason to kill her since he was in between December 21, 1991 and January 15, 1992, and again from the
love with her.54 Sometime during his relationship with Elsa, he claimed middle of April, 1992 to May 15, 1992, she slept in the bedroom
having received in the mails two anonymous letters. The first one reads: subsequently occupied by accused-appellant in the Platinum Condominium;
that she regularly has her menstruation around the end of every month; and
Salamat sa pagpapahiram mo ng sasakyan at driver. Pero masyado kang
that her blood type is “B”.59
pakialamero, Steve. Walanghiya ka. Para kang demonyo. Pinakialaman mo
ang ‘di sa ‘yo. Lintik lang ang walang ganti. Matitiyempuhan din kita, Putang On January 31, 1996, the trial court promulgated the appealed judgment,
ina mo.55 convicting accused-appellant of the crime of murder, sentencing him to
suffer the penalty of reclusion perpetua, and ordering him to pay the heirs
The second letter says:
of the deceased actual damage, moral damages, exemplary damages and
Steve, attorney’s fees.60

Ang kay Pedro kay Pedro. Kapag pinakialaman ay kay San Pedro ang tungo. Accused-appellant interposed an appeal from the adverse decision of the
Mahal mo ba ang pamilya mo? Iniingatan mo ba ang pangalan mo? trial court, alleging that:
Nakakasagasa ka na.56
I. THE LOWER COURT ERRED IN CONVICTING ACCUSED OF THE CRIME
CHARGED;
 CRIMINAL LAW II Session 4 Page |9

II. THE LOWER COURT ERRED IN FINDING THAT THE PROSECUTION WAS creditably. Demetrio Ravelo is a very credible witness and his testimony is
ABLE TO PRESENT ENOUGH CIRCUMSTANTIAL EVIDENCE TO SUPPORT THE likewise credible.64
CONCLUSION THAT THE ACCUSED IS GUILTY OF THE CRIME CHARGED;
This Court has consistently ruled that factual findings of the trial court
III. THE LOWER COURT ERRED IN REJECTING, DISREGARDING AND/OR NOT deserve the highest respect. This is based on the fact that the trial judge is in
GIVING CREDENCE TO THE DEFENSE OF THE ACCUSED.61 the best position to assess the credibility of the witnesses who appeared
before his sala as he had personally heard them and observed their
Much of the evidence on accused-appellant’s complicity was elicited from
deportment and manner of testifying during the trial.65 Especially, where
Demetrio Ravelo, the so-called “prosecution star witness.”62 On the
issues raised involve the credibility of witnesses, the trial court’s findings
premise that accused-appellant’s guilt or innocence depends largely on the
thereon will not be disturbed on appeal absent any clear showing that it
weight of his testimony, this Court has carefully scrutinized and examined
overlooked, misunderstood or misapplied some facts, or circumstances of
his version of the events, and has found that Demetrio Ravelo’s narrative is
weight or substance, which could have affected the result of the case.66
both convincing and consistent in all material points.
Succinctly put, findings of fact of the trial court pertaining to the credibility
Before accused-appellant confessed to Demetrio Ravelo what had of witnesses command great weight and respect since it had the
happened to Elsa Castillo, he first asked the latter how long he was willing to opportunity to observe their demeanor while they testified in court.67
work for him, and how far his loyalty will go. This was logical if accused-
Perhaps more damning to accused-appellant is the physical evidence against
appellant wanted to ensure that Demetrio would stand by his side after
him. The findings of the forensic biologist on the examination of the hair
learning what he was about to reveal. More importantly, Demetrio’s
samples and bloodstains all confirm Elsa’s death inside accused-appellant’s
description of Elsa’s dismembered body, as he found it in accused-
bedroom. On the other hand, the autopsy report revealed that Elsa was
appellant’s bathroom, perfectly jibed with the appearance of the mutilated
stabbed at least three times on the chest. This, taken together with
body parts, as shown in the photographs presented by the prosecution.63
Demetrio’s testimony that accused-appellant kept the kitchen knife inside
Likewise, the mutilated body parts, as well as the other items thrown by his bedroom on September 24, 1993, leads to the inescapable fact that
accused-appellant along the road to Bataan, were found by the NBI agents accusedappellant stabbed Elsa inside the bedroom or bathroom.
as Demetrio pointed, which confirms that, indeed, the latter witnessed how
Physical evidence is a mute but eloquent manifestation of truth, and it ranks
accused-appellant disposed of Elsa’s body and personal belongings one by
high in the hierarchy of our trustworthy evidence.68 For this reason, it is
one.
regarded as evidence of the highest order. It speaks more eloquently than a
All in all, the testimony of Demetrio Ravelo bears the ring of truth and hundred witnesses.69
sincerity. The records show that he did not waver even during lengthy and
While it may be true that there was no eyewitness to the death of Elsa, the
rigorous cross-examination. In fact, the trial court gave full faith and credit
confluence of the testimonial and physical evidence against accused-
to his testimony, stating:
appellant creates an unbroken chain of circumstantial evidence that
The Court had opportunity to observe the demeanor of Demetrio Ravelo naturally leads to the fair and reasonable conclusion that accused-appellant
when he took the witness stand on several occasions. He was extensively was the author of the crime, to the exclusion of all others. Circumstantial
cross-examined by one of the defense counsel and he withstood the same evidence, may be resorted to in proving the identity of the accused when
direct evidence is not available, otherwise felons would go scot-free and the
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community would be denied proper protection. The rules on evidence and such capacity, extensively cross-examined Dr. Mendez. Accused-appellant
jurisprudence sustain the conviction of an accused through circumstantial counters that there is no prohibition against lawyers giving testimony.
evidence when the following requisites concur: (1) there must be more than Moreover, the trial court’s ruling would imply that lawyers who testify on
one circumstance; (2) the inference must be based on proven facts; and (3) behalf of their clients are presumed to be lying.
the combination of all circumstances produces a conviction beyond doubt of
By rejecting the testimony of Dr. Brion, the trial court did not mean that he
the guilt of the accused.70
perjured himself on the witness stand. Notably, Dr. Brion was presented as
In the case at bar, the following circumstances were successfully proven by expert witness. His testimony and the questions propounded on him dealt
the prosecution without a shadow of doubt, to wit: that Elsa Santos Castillo with his opinion on the probable cause of death of the victim. Indeed, the
was brought to accused-appellant’s condominium unit on September 23, presentation of expert testimony is one of the well-known exceptions to the
1993; that on September 24, 1993, accused-appellant’s housemaid was rule against admissibility of opinions in evidence.71 In like manner, Dr.
looking for her kitchen knife and accused-appellant gave it to her, saying Mendez was presented on the stand to give his own opinion on the same
that it was in his bedroom; that on September 25, 1993, accused-appellant subject. His opinion differed from that of Dr. Brion, which is not at all
and Demetrio Ravelo collected the dismembered body parts of Elsa from unusual. What the trial court simply did was to choose which—between two
the bathroom inside accused-appellant’s bedroom; that accusedappellant conflicting medico-legal opinions—was the more plausible. The trial court
disposed of the body parts by a roadside somewhere in San Pedro, Laguna; correctly lent more credence to Dr. Mendez’s testimony, not only because
that accused-appellant also disposed of Elsa’s personal belongings along the Dr. Brion was a biased witness, but more importantly, because it was Dr.
road going to Bagac, Bataan; that the mutilated body parts of a female Mendez who conducted the autopsy and personally examined Elsa’s corpse
cadaver, which was later identified as Elsa, were found by the police and NBI up close.
agents at the spot where Demetrio pointed; that hair specimens found
In any event, the foregoing does not detract from the established fact that
inside accused-appellant’s bathroom and bedroom showed similarities with
Elsa’s body was found mutilated inside accusedappellant’s bathroom. This
hair taken from Elsa’s head; and that the bloodstains found on accused-
clearly indicated that it was accusedappellant who cut up Elsa’s body to
appellant’s bedspread, covers and in the trunk of his car, all matched Elsa’s
pieces. Naturally, accusedappellant would be the only suspect to her killing.
blood type.
Otherwise, why else would he cut up Elsa’s body as if to conceal the real
Accused-appellant makes capital of the fact that the MedicoLegal Officer, cause of her death?
Dr. Mendez, did not examine the pancreas of the deceased notwithstanding
As already stated above, Demetrio’s testimony was convincing. Accused-
Demetrio’s statement that, according to accused-appellant, Elsa died of
appellant attempts to refute Demetrio’s statements by saying that he had
“bangungot”, or hemorrhage of the pancreas. Because of this, accused-
repeatedly reprimanded the latter for discourteous and reckless driving, and
appellant insists that the cause of death was not adequately established,
that he had already asked the latter to tender his resignation. Thus,
Then, he relied on the controverting testimony of his witness, lawyer-doctor
accused-appellant claims that Demetrio imputed Elsa’s death on him in
Ernesto Brion, who was himself a Medico-Legal Officer of the NBI for several
order to get back at him. This Court finds the cruel treatment by an
years, to the effect that the autopsy report prepared by Dr. Mendez was
employer too flimsy a motive for the employee to implicate him in such a
unreliable and inconclusive. The trial court noted, however, that Dr. Brion
gruesome and hideous crime. Rather than entertain an accusation of
was a biased witness whose testimony cannot be relied upon because he
illmotive and bad faith on Demetrio Ravelo, this Court views his act of
entered his appearance as one of the counsel for accused-appellant and, in
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promptly reporting the incident to his family and, later, to the authorities, as strength in overpowering Elsa. On the contrary, this Court observed from
a genuine desire to bring justice to the cruel and senseless slaying of Elsa viewing the photograph of accused-appellant76 that he has a rather small
Santos Castillo, whom he knew well. frame. Hence, the attendance of the qualifying circumstance of abuse of
superior strength was not adequately proved and cannot be appreciated
Accused-appellant also argues that his arrest was without a warrant and,
against accused-appellant.
therefore, illegal. In this regard, the rule is settled that any objection
involving a warrant of arrest or procedure in the acquisition by the court of However, the other circumstance of outraging and scoffing at the corpse of
jurisdiction over the person of an accused must be made before he enters the victim was correctly appreciated by the trial court. The mere
his plea, otherwise the objection is deemed waived.72 In other words, it is decapitation of the victim’s head constitutes outraging or scoffing at the
too late in the day for accused-appellant to raise an issue about his corpse of the victim, thus qualifying the killing to murder.77 In this case,
warrantless arrest after he pleaded to a valid information and after a accused-appellant not only beheaded Elsa. He further cut up her body like
judgment of conviction was rendered against him after a full-blown trial. pieces of meat. Then, he strewed the dismembered parts of her body in a
deserted road in the countryside, leaving them to rot on the ground. The
Accused-appellant presented in evidence two supposedly threatening
sight of Elsa’s severed body parts on the ground, vividly depicted in the
letters which, according to Elsa, were written by the latter’s husband. There
photographs offered in evidence, is both revolting and horrifying. At the
is nothing in these letters which will exculpate accused-appellant from
same time, the viewer cannot help but feel utter pity for the sub-human
criminal liability. The threats were directed at accused-appellant, not Elsa.
manner of disposing of her remains.
The fact remains that Elsa was last seen alive in accused-appellant’s
condominium unit, and subsequently discovered dead in accused- In a case with strikingly similar facts, we ruled:
appellant’s bathroom. Surely, the place where her dead body was found
Even if treachery was not present in this case, the crime would still be
does not support the theory that it was Fred Castillo who was probably
murder because of the dismemberment of the dead body. One of the
responsible for her death. We do not agree with the trial court that the
qualifying circumstances of murder under Article 248, par. 6, of the Revised
prosecution sufficiently proved the qualifying circumstance of abuse of
Penal Code is “outraging or scoffing at (the) person or corpse” of the victim.
superior strength. Abuse of superiority is present whenever there is
There is no question that the corpse of Billy Agotano was outraged when it
inequality of forces between the victim and the aggressor, assuming a
was dismembered with the cutting off of the head and limbs and the
situation of superiority of strength notoriously advantageous for the
opening up of the body to remove the intestines, lungs and liver. The killer
aggressor and selected or taken advantage of by him in the commission of
scoffed at the dead when the intestines were removed and hung around
the crime.73 The fact that the victim was a woman does not, by itself,
Victoriano’s-neck as a necklace, and the lungs and liver were facetiously
establish that accused-appellant committed the crime with abuse of
described as “pulutan.”78
superior strength. There ought to be enough proof of the relative strength
of the aggressor and the victim.74 Hence, the trial court was correct in convicting accusedappellant of the
crime of murder, qualified by outraging and scoffing at the victim’s person
Abuse of superior strength must be shown and clearly established as the
or corpse.79 This circumstance was both alleged in the information and
crime itself.75 In this case, nobody witnessed the actual killing. Nowhere in
proved during the trial. At the time of its commission, the penalty for
Demetrio’s testimony, and it is not indicated in any of the pieces of physical
murder was reclusion temporal maximum to death.80 No aggravating or
evidence, that accusedappellant deliberately took advantage of his superior
mitigating circumstance was alleged or proved; hence, the penalty shall be
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imposed in its medium period.81 Therefore, the trial court’s imposition of Accused-appellant is ORDERED to pay the heirs of Elsa Santos Castillo actual
the penalty of reclusion perpetua was correct, and need not be modified. damages in the amount of P50,000.00; civil indemnity in the amount of
P50,000.00; moral damages in the amount of P1,000,000.00; exemplary
However, the damages awarded by trial court should be modified. Elida
damages in the amount of P1,000,000.00; and attorney’s fees in the amount
Santos, Elsa’s sister, testified that the funeral expenses was only
of P150,000.00. Costs against accused-appellant.
P50,000.00.82 Hence, the trial court erred when it awarded the amount of
P100,000.00. Basic is the jurisprudential principle that in determining actual SO ORDERED.
damages, the court cannot rely on mere assertions, speculations,
Davide, Jr. (C.J., Chairman), Puno, Kapunan and Pardo, JJ., concur,
conjectures or guesswork but must depend on competent proof and on the
best obtainable evidence of the actual amount of the loss. Actual damages Judgment affirmed with modifications.
cannot be presumed but must be duly proved with reasonable certainty.83
Notes.—An expert witness may be impeached, or the weight of his opinion
The award of moral damages in murder cases is justified because of the lessened, by introducing evidence or pointing out paradoxes in his
physical suffering and mental anguish brought about by the felonious acts, testimony, and in the cross-examination of such a witness, great latitude is
and is thus recoverable in criminal offenses resulting in death.84 It is true allowed the examining counsel to test the credibility of the expert for the
that moral damages are not intended to enrich the victim’s heirs or to guidance of the court. (People vs. Fundano, 291 SCRA 356 [1998])
penalize the convict, but to obviate the spiritual sufferings of the heirs.85
Considering, however, the extraordinary circumstances in the case at bar, Since a medical certificate involves an opinion of one who must first be
more particularly the unusual grief and outrage suffered by her bereaved established as an expert witness, it could not be given weight or credit
family as a result of the brutal and indecent mutilation and disposal of Elsa’s unless the doctor who issued it be presented in court to show his
body, the moral damages to be awarded to them should be more than the qualifications. (People vs. Bernaldez, 294 SCRA 317 [1998]).
normal amount dictated by jurisprudence. However, the amount of
P3,000,000.00 awarded by the trial court as moral damages is rather
excessive. The reasonable amount is P1,000,000.00 considering the
immense sorrow and shock suffered by Elsa’s heirs.The award of attorney’s
fees of P150,000.00 was duly proved,86 and thus should be affirmed.

Finally, the heirs of Elsa Santos Castillo should be indemnified for her death.
In murder, the civil indemnity has been fixed by jurisprudence at
P50,000.00. The grant of civil indemnity in murder requires no proof other
than the fact of death as a result of the crime and proof of accused-
appellant’s responsibility therefor.87

WHEREFORE, the decision of the Regional Trial Court of Pasig City, Branch
152, in Criminal Case No. 102687, finding accusedappellant guilty beyond
reasonable doubt of murder, and sentencing him to suffer the penalty of
reclusion perpetua, is AFFIRMED with the following MODIFICATIONS: