In People of the Philippines vs. Donato del Rosario, the Supreme Court affirmed the conviction of Donato del Rosario for robbery with homicide, emphasizing the importance of proving intent to gain (animus lucrandi) in such cases. The Court clarified that while the intent to rob must exist, the sequence of the killing in relation to the robbery is not crucial, so long as there is an intimate connection between the two acts. This decision serves as a reminder of the weight given to circumstantial evidence and the presumption that a person found in possession of stolen property, without a satisfactory explanation, is the thief.

From Theft to Tragedy: Establishing Intent in a Robbery-Homicide Case

The case revolves around the events of September 26, 1992, when Emelita Paragua and a companion left their house, leaving Paragua’s 11-year-old niece, Raquel Lopez, behind. Upon returning, they discovered their house had been set on fire, and Raquel was found dead, strangled with CATV wire. Investigations revealed that several pieces of Paragua’s jewelry were missing. The police received information that Donato del Rosario had been seen near the house before the incident and had subsequently disappeared. Del Rosario later surrendered to the police, confessing to the crime and leading them to locations where he had pawned and sold the stolen jewelry. This led to his conviction for robbery with homicide by the Regional Trial Court.

The central legal question is whether the prosecution successfully proved all the elements of robbery with homicide, particularly the intent to gain (animus lucrandi), and whether the evidence presented was sufficient to overcome the accused’s defense of alibi and claims of coerced confession.

In robbery with homicide cases, the prosecution must prove the following elements: (a) the taking of personal property with violence or intimidation; (b) the property belongs to another; (c) the taking is characterized by intent to gain (animus lucrandi); and (d) on the occasion of the robbery, or by reason thereof, homicide was committed. The Supreme Court, in this case, emphasized that the intent to gain is a crucial element, although it can be inferred from the actions of the accused. As the Court stated:

In the offense of robbery with homicide, a crime primarily classified as one against property and not against persons, the prosecution has to firmly establish the following elements:  (a) the taking of personal property with the use of violence or intimidation against a person; (b) the property thus taken belongs to another; (c) the taking is characterized by intent to gain or animus lucrandi; and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is therein used in a generic sense, was committed.^[4]

The Court highlighted that intent to gain, or animus lucrandi, can be inferred from the overt acts of the offender. In this case, the fact that Del Rosario pawned and sold the stolen jewelry shortly after the incident strongly suggested that his motive was to gain financially from the unlawful taking. Furthermore, the Court noted that the prosecution doesn’t need to present direct evidence of intent. The Supreme Court referenced a prior ruling:

Although proof as to motive for the crime is essential when the evidence of the theft is circumstantial, the intent to gain or animus lucrandi is the usual motive to be presumed from all furtive taking of useful property appertaining to another, unless special circumstances reveal a different intent on the part of the perpetrator.  “xxx (T)he intent to gain may be presumed from the proven unlawful taking.”^[6]

Building on this principle, the Court emphasized the significance of Del Rosario’s actions after the robbery. His act of pawning the jewelry at “Lovely Kahael Pawnshop” and selling other pieces to Rogelio Adriano were critical in establishing his intent to profit from the crime. This was seen as concrete evidence that contradicted his denials and supported the prosecution’s case.

The Court also addressed the defense’s argument that the essential requisites of robbery with homicide were not present, particularly concerning the sequence of the killing and the robbery. The Court clarified that the order in which the acts occurred is not determinative. What matters is the existence of a clear link between the robbery and the homicide. The Supreme Court reasoned:

It is immaterial whether the killing transpired before or after the robbery.  In the crime of robbery with homicide, the homicide may precede robbery or may occur after robbery. What is essential is that there is a nexus, an intimate connection between robbery and the killing whether the latter be prior or subsequent to the former, or whether both crimes be committed at the same time.^[10]

In this case, the death of Raquel Lopez was directly connected to the robbery. She was the sole occupant of the house, and her death ensured that there were no witnesses to the crime. The arson was merely an attempt to conceal the theft and murder.

Del Rosario also claimed that his arrest was illegal and that he was coerced into signing a confession. The Court dismissed this claim, finding that Del Rosario voluntarily surrendered to the police. His confession, which included details about where he pawned and sold the stolen jewelry, was deemed admissible. Moreover, the confession was made in the presence of counsel, Atty. Norberto dela Cruz, who ensured that Del Rosario understood the implications of his statements. The Court noted:

A confession to be admissible must be:  (1) express and categorical;  (2) given voluntarily, and intelligently where the accused realizes the legal significance of his act;  (3) with assistance of competent and independent counsel;  (4) in writing, and in the language known to and understood by the confessant; and  (5) signed, or if the confessant does not know how to read and write, thumbmarked by him.^[14]

Even without the confession, the Court found that the testimonies of Florencio Gamboa and the Adrianos, who positively identified Del Rosario as the person who pawned and sold the jewelry, were sufficient to establish his guilt. These identifications, combined with Del Rosario’s unexplained possession of the stolen items, created a strong presumption that he was the perpetrator of the robbery and the homicide. Furthermore, the court referenced jurisprudence, stating:

It is a rule established by an abundance of jurisprudence that when stolen property is found in the possession of one, not the owner, without a satisfactory explanation of his possession, he will be presumed to be the thief.  This rule is in accordance with the disputable presumption “that a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and doer of the whole act.”^[9]

Finally, the Court rejected Del Rosario’s alibi, noting that he failed to present any corroborating evidence to support his claim that he was elsewhere at the time of the crime. The Court emphasized that alibi is a weak defense, especially when it is not supported by credible testimony from other witnesses. The Supreme Court stated, “Already a weak defense, alibi becomes even weaker by reason of the failure of the defense to present any corroboration.”^[22]

In summary, the Supreme Court upheld Del Rosario’s conviction, underscoring that the prosecution successfully demonstrated all the elements of robbery with homicide. The Court, however, modified the amount of indemnity to be paid to the heirs of the victim from P100,000.00 to P50,000.00, aligning it with prevailing jurisprudence.

FAQs

What is the main legal principle in this case?	The main legal principle is the element of intent to gain (animus lucrandi) in the crime of robbery with homicide and how it can be established through circumstantial evidence.
What were the key facts of the case?	The case involves the robbery and death of Raquel Lopez in the house of Emelita Paragua. Donato del Rosario was convicted of robbery with homicide after being found to have pawned and sold stolen jewelry from the house.
What is robbery with homicide?	Robbery with homicide is a special complex crime where robbery is accompanied by homicide. The homicide can occur before, during, or after the robbery, as long as there is a direct connection between the two crimes.
How is intent to gain (animus lucrandi) proven?	Intent to gain can be proven through the overt acts of the offender, such as pawning or selling stolen items. It is the usual motive presumed from the unlawful taking of property.
Is the order of robbery and killing important?	The order is not important. What matters is that there is a nexus or connection between the robbery and the killing, whether one precedes the other or both occur simultaneously.
What is the effect of possessing stolen property?	Possession of stolen property without a satisfactory explanation creates a presumption that the possessor is the thief. This presumption can be used as evidence against the accused.
What is the role of a confession in a criminal case?	A confession is a statement by the accused admitting guilt. To be admissible, it must be voluntary, made with the assistance of counsel, and in a language understood by the accused.
What is the significance of an alibi defense?	An alibi is a claim that the accused was elsewhere when the crime occurred. It is a weak defense unless supported by credible corroborating evidence.
What was the final ruling in the case?	The Supreme Court affirmed the conviction of Donato del Rosario for robbery with homicide. However, it modified the amount of indemnity awarded to the victim’s heirs from P100,000.00 to P50,000.00.

This case illustrates the complexities of proving intent and establishing connections between criminal acts. It underscores the importance of thorough investigation, credible witness testimonies, and the proper application of legal presumptions in securing a conviction for robbery with homicide. The decision also highlights the critical role of legal counsel in protecting the rights of the accused while ensuring the integrity of the judicial process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, vs. DONATO DEL ROSARIO, G.R. No. 131036, June 20, 2001