In People of the Philippines vs. Lito Hernandez, the Supreme Court affirmed the conviction of Lito Hernandez for robbery with homicide, despite the delayed reporting of the crime by a key witness. This decision reinforces that fear of reprisal can excuse a witness’s initial silence, and their testimony can still be credible. Moreover, the ruling clarifies the elements of robbery with homicide, emphasizing that the intent to rob must precede the killing, and all participants in the robbery are liable for the resulting homicide, even if they did not directly commit the act.

When Silence Speaks: Can Delayed Testimony Convict in Robbery-Homicide?

The case revolves around the events of December 19, 1994, when Natividad Yuzon Mendoza was robbed and strangled to death. Cesar Yuzon, a cousin-in-law of the accused, Lito Hernandez, witnessed the crime but kept silent out of fear for his life and the safety of his family, as the perpetrators had threatened him. He finally reported the incident to the authorities nearly two months later, leading to the arrest and prosecution of Hernandez. The central legal question is whether Cesar’s delayed reporting of the crime fatally undermined his credibility as a witness and whether the prosecution successfully proved all the elements of robbery with homicide.

Hernandez argued that Cesar’s failure to immediately report the crime cast doubt on his testimony. However, the Supreme Court emphasized that **fear of reprisal** is a valid reason for delaying the reporting of a crime. The Court noted that the natural reluctance of witnesses to get involved in criminal cases is a common phenomenon in the Philippines. Cesar testified that Hernandez and his accomplice threatened him and his family, which explained his initial silence. Thus, the Court found that Cesar’s testimony was credible, and the delay did not diminish its probative value. This stance acknowledges the realities faced by witnesses in crime-ridden environments, where reporting a crime can have dire consequences.

Building on this principle, the Court addressed Hernandez’s alibi. He claimed to have been in Parañaque at the time of the crime. However, the Court found his alibi to be weak and uncorroborated. It noted the absence of any witness to support his claim and highlighted the trial court’s observation that December 19, 1994, was a Monday, contradicting Hernandez’s claim that it was a Sunday, his birthday. Moreover, the prosecution presented the **positive identification** of Hernandez by Cesar Yuzon as one of the perpetrators, reinforcing Hernandez’s culpability. The Court stated that positive identification, especially when given by a credible witness with no ill motive, prevails over weak denials and alibis.

The Court also clarified the elements of **robbery with homicide**. According to Article 294 of the Revised Penal Code, this special complex crime requires that robbery is the main intent, and homicide occurs “on the occasion or by reason of the robbery.” It is essential that the intent to commit robbery precedes the act of taking a human life, and the killing can occur before, during, or after the robbery. The prosecution established that Hernandez and his cohort not only took Natividad’s money and jewelry but also strangled her to death. The Court emphasized that intent to gain (animus lucrandi), an element of the crime of robbery, is presumed from the unlawful taking. Once the unlawful taking and the intent to rob were proven, the Court held Hernandez liable for robbery with homicide.

Moreover, the Court ruled out the presence of generic aggravating circumstances, particularly abuse of superior strength and disregard of age and sex, which were initially considered by the trial court. The Supreme Court ruled that these aggravating circumstances were not properly specified in the information filed. Citing prevailing jurisprudence, the court held that the Revised Rules on Criminal Procedure explicitly requires the complaint or information to specify the qualifying and aggravating circumstances. The mitigating circumstance of voluntary surrender was also dismissed because Hernandez was arrested under a warrant, indicating a lack of spontaneous intent to surrender unconditionally to the authorities. Thus, these factors were ruled out to impact the penalty.

The final decision affirmed Hernandez’s guilt but modified the monetary awards. While the Court upheld the civil indemnity and moral damages, it reduced the actual damages to temperate damages due to insufficient documentary evidence for the claimed burial expenses. Additionally, the Court removed the award for attorney’s fees, citing the lack of substantiating evidence regarding the incurred expenses. This emphasizes the need for proper documentation to support claims for actual damages and attorney’s fees in legal proceedings.

FAQs

What was the key issue in this case?	The central issue was whether the delayed reporting of the crime by an eyewitness undermined the credibility of their testimony in convicting the accused for robbery with homicide.
Why did the witness delay reporting the crime?	The witness, Cesar Yuzon, delayed reporting the crime due to fear of reprisal from the accused and his accomplice, who had threatened to kill him and his family if he revealed what he had witnessed.
What are the elements of robbery with homicide?	The key elements are that the original intent was to commit robbery, and a homicide occurred during or because of the robbery. The intent to rob must precede the act of taking a human life.
Was the accused’s alibi accepted by the Court?	No, the accused’s alibi was deemed weak and uncorroborated. The Court noted the lack of supporting witnesses and factual inconsistencies in his testimony.
What is ‘animus lucrandi’ and how does it apply?	Animus lucrandi is the intent to gain, and it is an essential element of robbery. In this case, the intent to gain was presumed from the unlawful taking of the victim’s money and jewelry.
Were any aggravating circumstances considered in sentencing?	No, the Court ruled out abuse of superior strength and disregard of age and sex because they were not precisely specified in the information filed against the accused.
Why was the claim for actual damages reduced?	The claim for actual damages was reduced because there was insufficient documentary evidence to support the full amount of burial expenses claimed by the victim’s heirs.
What was the final ruling of the Supreme Court?	The Supreme Court affirmed the conviction of Lito Hernandez for robbery with homicide, sentencing him to reclusion perpetua, but modified the monetary awards, upholding the civil indemnity and moral damages, while reducing the claim for actual damages.

This case underscores the complexities of witness testimony and the importance of context in assessing credibility. Despite the delayed reporting, the Court recognized the validity of Cesar’s fear and upheld the conviction based on the totality of the evidence presented. This serves as an important legal precedent, especially in jurisdictions where witness intimidation is prevalent.

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 vs. Hernandez, G.R. No. 139697, June 15, 2004