[G.R. No.134847.

December 6, 2000]
PEOPLE OF THE PHILIPPINE, plaintiff- appellee, vs. R!"# $%RI%NO
& L%R% '() R!TH $%RI%NO & L%R%,accused-appellants.
D E * I I O N
PER CURIAM+
Heinous crimes are grievous, odious and hateful offenses which, by reason of their
inherent wickedness, viciousness, atrocity and perversity, are repugnant to the common
standards and norms of decency and morality in a just, civilized and ordered society.
[1]
o this genre belong the acts charged in the instant case ! a bizarre and nauseating
tale of outrageous cruelty and brutality. he "ourt is now called upon to determine
whether the accused are responsible therefor.
#riven by grinding poverty in her home province and lured by the prospect of a
lucrative employment in the big city, $ichelle %riol, then only si&teen '1(), left home for
$anila in *anuary 1++( to work as a domestic help. ,oon enough $ichelle found
herself hired at the household of the sisters -uth $ariano and -uby $ariano in
.ambang, %asig "ity.
*enny %riol, $ichelle/s older sister, testified that she often visited $ichelle at the
$ariano.residence. However, whenever she would visit $ichelle, she and her sister
could not freely talk as -uth and -uby were always hovering about.
[0]
1pparently
unhappy with the manner she was allowed to visit $ichelle ! they being constantly
watched by the $ariano sisters and denied their privacy ! *enny never went to her sister
again after her last visit in 2ovember 1++(.
[3]
,ometime afterwards, -uth and -uby
brought $ichelle to her sister *enny to complain to her that their rice cooker no longer
functioned and heaped the blame on $ichelle. 4n that occasion *enny noticed that
$ichelle/s hair was unevenly cut to the scalp. 5hen asked what happened, $ichelle
told her that it was -uby who gave her the ugly haircut.
[6]
"oncerned with the condition
of her sister, *enny confronted -uby. .ut the latter angrily replied7 85hy are you so bold
to ask me that 9uestion: why don/t you ask your sister;8
[<]
*enny then told -uby that she
was going to take her sister back from them but the furious -uby hurriedly left with
-uth, taking $ichelle with them. hat was the last time *enny saw her younger sister
alive.
4n 1= 1ugust 1++= at around (7>> o/clock in the evening, ,%40 ?dgardo
Hernandez of the %asig %olice ,tation received an anonymous call reporting that a
woman was seen in .ambang, %asig "ity, carrying a rectangular bo& with a human leg
protruding. he caller further informed ,%40 Hernandez that the woman then placed
the bo& inside the compartment of a car bearing plate number @%-!<(1.
[(]
4n the basis
of this information ,%40 Hernandez together with ,%41 -uben Aidelino immediately
conducted a 8stake!out and surveillance operation8 in the vicinity of .ambang as
reported. 1fter a couple of minutes, the police officers spotted two '0) women boarding
a car with the reported plate number. hey turned out to be accused!appellants -uth
$ariano y Bara and -uby $ariano y Bara.
[=]
he vehicle was owned and driven by -uby.
he law enforcers, riding in their patrol car with ,%41 Aidelino on the wheels, followed
the vehicle. .ut the women, perhaps sensing that they were being trailed, drove fast.
1larmed by the suspects/ reaction to their presence, the policemen sounded their
siren. 1fter a brief chase, the officers overtook the suspects/ vehicle and blocked its
path. ,%40 Hernandez and ,%41 Aidelino alighted, from their patrol car and introduced
themselves as police officers. hey ordered -uth and -uby to alight from their vehicle.
[C]
he lawmen then announced that they would be conducting a visual search of the
luggage compartment of the vehicle. Dnitially, -uby refused saying that only dirty
clothes were in the compartment but later relented the police officers insisted.
[+]
@pon
opening the compartment, ,%40 Hernandez was greeted by a putrid odor emanating
from a decomposing body inside the bo&. -uth and -uby identified the body as that of
their maid $ichelle %riol.
[1>]
-uth and -uby were then arrested and taken to the %asig
%olice ,tation. heir vehicle was driven to the station by ,%40 Hernandez.
,enior %olice Dnspector ?mmanuel B. 1ranas, $edico!legal 4fficer of the %2%
"rime laboratory, conducted an autopsy on the cadaver of $ichelle. he result was
appalling and beyond belief. he body was found to be poorly nourished and already in
a state of decomposition. he skin and underlying soft tissues on the chest appeared to
have been gnawed by rats apparently attracted to the e&posed scalded flesh resulting
from the repeated splashing of boiling water, and that the victim had died two '0) to
three '3) days prior to the autopsy. he autopsy findings were7 'a) healed and healing
lacerated wounds on the upper lip caused by hard blunt object or fist blows healed
lacerated wound on the lower lip: 'c) multiple lacerated swelling wounds on the right and
left ear: 'd) two '0) healing wounds on the left illiac region: and, 'e) the cause of death
was multiple traumatic wounds, and first and second degree scalding burns on the
head, trunk, upper and lower e&tremeties comprising about =0E of the body surface,
caused by hot li9uid within the range of boiling point inflicted at various times prior to the
death of the victim.
[11]
5ith the foregoing findings, -uth and -uby were charged with murder. -uth denied
the charge claiming that the victim 8died because she got sick, and not because D
mauled her.8
[10]
2evertheless, by her own narration and admission during the trial, -uth
described in lurid details what really happened to $ichelle. 1ccording to -uth, $ichelle
was kind, industrious and respectful at first. However, sometime 2ovember 1++( she
and her sister -uby caught $ichelle stealing money and jewelry from their
bedroom. hus, they brought her to the police but later desisted from prosecuting
$ichelle when she pleaded for a second chance and promised that she would not do it
again.
[13]
1fter that incident, $ichelle/s attitude changed completely. -uth claimed that
she often caught her stealing money from them and destroying the appliances
whenever she cleaned the house, and that whenever she scolded $ichelle she would
answer back, triggering a fight between them.
[16]
-uth confessed in her testimony that she doused boiling water on $ichelle several
times whenever she was angry.
[1<]
Dn those occasions, according to her, they were
9uarrelling and $ichelle would fight back.
[1(]
-uth further said that only by pouring boiling
water on $ichelle could she '-uth) 8pacify her 'and stop her) from fighting back.8
[1=]
-uth likewise admitted having pulled $ichelle/s hair and banged her
head (inuumpog ang ulo),
[1C]
and that in the month of *uly 1++= alone they fought at least
si& '() times. ,he added that she was remorseful afterwards for what she had done and
treated $ichelle/s seared flesh with antibiotics and washed her wounds with guava
leaves. 1s if e&plaining the fresh!looking wounds on the body of $ichelle, -uth said
that $ichelle sometimes scratched her wounds thereby removing the scabs and
e&posing the fresh wounds. .ut by 1ugust 1++= $ichelle lost her appetite and her
condition started to deteriorate. 2ot long thereafter, she died. -uth further testified, that
when she was about to wake $ichelle up in the morning of 1= 1ugust 1++= she
discovered $ichelle/s body already bent and fle&ed forward (nakabaluktot) lying in bed,
lifeless.
[1+]
,o she panicked and hurriedly placed the body in a bo&, which she then
loaded inside the luggage compartment of -uby/s car. %ccor),(- .o R/.0, 10e 2'1
'3r',) .0'. 0er 744&e'r o5) mo.0er 20o 2'1 1/33er,(- 3rom ' 0e'r. ',5me(. 2o/5)
1ee .0e bo)&, .0/1 10e co(ce'5e) .0e cor61e ,( .0e .r/(7 o3 .0e 8e0,c5e.
[20]
90e(
R/b& 'rr,8e) .0'. e8e(,(-, R/.0 me. 0er '. .0e -'.e o3 .0e,r 0o/1e '() .o5) 0er
.0'. 10e 0') ' 6rob5em. R/.0 .0e( '17e) R/b& .o )r,8e '() 6rom,1e) .o .e55 0er
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P'1,- Po5,ce 3orce.
4n 00 *une 1++C -uth arid -uby were convicted of murder by the trial
court. 1ccordingly, -uth was sentenced to death while -uby was found guilty as an
accomplice and sentenced to reclusion temporal. he trial court e&plained its #ecision !
5ith such evidence on record, there is no doubt that -uth was responsible for
the death of $ichelle %riol and the killing was aggravated with 'sic) cruelty
making it a crime of murder. ,plashing boiling water si& '() times a month,
even when the previous injuries were not yet healed, is cruelty of the highest
order. ,plashing boiling water while the previous scalding burns were not yet
healed was deliberately done. ,uch act was inhumanly augmenting the
suffering of the victim. -uth $ariano admitted this in her oral testimony and in
her counter!affidavit & & & & therefore, -uth $ariano should be held to answer
for the crime of murder as defined and penalized under 1rticle 06C of the
-evised %enal "ode & & & &
1s to the liability of -uby $ariano, the evidence appears to be
circumstantial. [,he] knew of the death of $ichelle %riol prior to the time her
body was put in a bo& and loaded in the car & & & & she [was] living with -uth
in the same apartment and as such, that place is not too big not to see or
know that a member of the household is 'sic) dead.
$oreover, as admitted by -uth $ariano in her testimony in "ourt that she
poured boiling water on $ichelle %riol si& '() times a month. hat alone must
have been known to -uby $ariano. Aor her failure to prevent -uth from
pouring boiling water on $ichelle %riol, which according to #r. 1ranas was the
cause of %riol/s death, that constitute cooperation on her part in killing
$ichelle %riol.
1ll the foregoing circumstances taken together constitute violation of 1rticle 1C
of the -evised %enal "ode, hence, -uby $ariano is liable as an accomplice.
"onsidering that the act of putting the cadaver of victim $ichelle %riol in a bo&
and loading it in the baggage compartment of a car is an outraging act, or, an
act of scoffing at her person or corpse which is an aggravating circumstance
coupled with evident premeditation and taking advantage of superior strength,
the fact that the accused -uth $ariano is a big bu&om matured woman while
the victim %riol was a slim teenager, such aggravating circumstances, and
there being no mitigating circumstance, the imposition of the death penalty
would be proper as against accused -uth $ariano y Bara.
[01]
Hence, this automatic review of the death penalty imposed by the trial court.
he errors assigned by accused!appellants in their brief may be subsumed under
the basic contention that the trial court erred in convicting them as principal and
accomplice to the crime of murder notwithstanding the fact that the prosecution
evidence was grossly insufficient to prove their guilt beyond reasonable doubt.
1ware that the life of a human being is here at stake, we have carefully e&amined
every piece of evidence on record as well as the arguments raised by accused!
appellants in their pleadings no matter how specious and ridiculous they may appear to
be, but we fail to find any compelling reason to overturn the findings of fact and
conclusions of the court a quo, e&cept as may be stated hereunder.
First, on the criminal liability of -uth $ariano. he defense at once crumbles in the
face of accused!appellant/s own admission in open court that she employed violence on
$ichelle, dousing her with boiling water and battering her into insensibility in the course
of their supposed 9uarrels. ,he virtually painted in her testimony a harrowing portrait of
the barbaric episode culminating in the death of the victim, thus !
17 5henever D scolded her, she became angry and told me that D/m 'sic) not the one who is
'sic) paying her salary and D am 'sic) "masungit."
F7 1nd what else transpired, if anyG
17 5e have 'sic) e&changes of word and that started our 9uarrel.
F7 5hen you said 9uarrel, what do you mean 9uarrel, just by e&changing words or
whatG Hou have any physical contactG
17 5e were engaged in physical fight.
F7 5hat else happened, if anyG
17 I3 10e 3o/-0. b'c7 '() I:m ;1,c< be,(- 0/r. '() ,3 I:m ;1,c< '5re')& '(-r&, I
165'10e) (nasasabuyan) 0er 2,.0 bo,5,(- 2'.er = = = =
[00]
F7 5hen for the first time did you have any occasion of splashing hot water on the person of
%riolG
17 *uly 1++=.
F7 5hen was the second timeG
17 D cannot remember.
F7 1lso in the month of *ulyG
17 E8er& .,me 10e 3o/-0. '-',(1. me.
F7 5hen was the third timeG
17 D cannot remember anymore.
F7 $ore or less, how many times did you splash her with hot waterG
"4@-7 Hot or boiling waterG
%-4,?"@4- B?421-#47 .oiling water.
17 wice '0&) & & & &
[03]
F7 Hou splashed her frontallyG
17 Hes, $a/am.
F7 Aacing each otherG
17 Hes, $a/am &&&&
F7 ,he does not run away when you saw her holding the airpotG
17 5hen D splashed her she told me, that is 'sic) enough, D will 'sic) not fight anymore.
[06]
F7 *ust answer my 9uestion.
17 2o, your honor.
F7 ,he waits 'sic) until you poured the boiling water on herG
17 Hes, your honor.
F7 1nd when she tried to pull your hair, what do you doG
17 I 6/55e) 0er 0',r '51o '() 1ome.,me1 b'(-e) (inuumpo) 0er 0e').
[0<]
1ccused!appellant/s brutality was confirmed by #r. ?mmanuel B. 1ranas who
concluded in his autopsy report that the cause of death of the victim was 8multiple
traumatic wounds, and first and second degree scalding burns covering =0E of the
body surface,8 which were the verysame injuries accused!appellant admitted she had
inflicted on the victim. #r. 1ranas testified !
F7 1nd after conducting the e&amination, what was the cause of death that you foundG
17 5ell, the cause of death $a/am, is the multiple traumatic injuries, as well as the scalding
burns, first to second degree recovering =0E of the surface area.
F7 "ombined togetherG
17 Hes, your honor. 1ll these are contributory to the death of the deceased.
[0(]
hese medical findings when combined with accused!appellant/s judicial admission,
certainly wove a tight web of evidence as to accused!appellant/s culpability. hey
clearly established her guilt to a moral certainty, for which she could not escape
punishment.
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del mal causado. He 20o ,1 .0e c'/1e o3 .0e c'/1e ,1 .0e c'/1e o3 .0e e8,5
c'/1e).
1ccused!appellant further asserts that 'a) her acts of/pouring boiling water on
$ichelle were accidental: 'b) she was unaware of the effects or danger of pouring
boiling water on a human being: and, 'c) she treated the wounds and burns of the victim
with antibiotics '.actrim Aorte) and washed it with guava leaves until she got well.
he artificiality of these assertions is self!evident. hey are but fabrications to
e&plain away the numerous mortal wounds of the victim. 1s to the alleged accidental
pouring of boiling water, the physical evidence shows that the victim suffered first and
second degree scalding burns covering =0E of the body surface, caused by accused!
appellant/s repeated acts of pouring boiling water on the victim while they were allegedly
embroiled in a 9uarrel. "learly, the sheer number, and severe nature and e&tent of the
wounds suffered by the victim attest to their deliberate infliction.
1s regards her claim that she was unaware of the effects or danger of pouring
boiling water on a human being, accused!appellant must have seen how the boiling
water she poured the first time on $ichelle seered the flesh of the victim, permanently
disfiguring her body even as she agonized in pain. 1ccused!appellant, who was thirty!
four '36) years old then, was not shown to be a person of diminutive intelligence as not
to realize the lethal effects of repeatedly dousing boiling water on a human
being. 2either can we attach any importance to her pretension that she administered
antibiotics and herbal medicine on the burns of $ichelle until she recuperated, for it is
contrary to the findings of #r. 1ranas who observed that there was no evidence of
medical intervention notwithstanding the character and number of the victim/s injuries.
[0=]
o compound accused!appellant -uth $ariano/s woes, her confessed act of putting
the lifeless body of $ichelle in a bo& and loading it in the luggage compartment of a car
is obviously inconsistent with her profession of innocence. 1s observed by the ,olicitor
Ieneral, to which we agree, 8an innocent person would have lost no time in reporting to
the police her discovery, right in her own house, of the death of a household member
instead of taking pains in concealing it.8
[0C]
Fuite obviously, accused appellant e&ceeded the limits of her credibility, as she was
plainly incredible. Her attempts to lessen the impression of sadism and viciousness of
her crime only assault the intelligence of this "ourt. 5e are not that naive and gullible
as the defense perhaps thought.
Second, on the complicity of accused!appellant -uby $ariano. here is no solid
evidence on record effectively linking accused!appellant -uby $ariano to the gruesome
killing of $ichelle %riol. here is no showing that she ever laid hands on the deceased
nor was she ever seen helping her sister -uth on those occasions when -uth reportedly
manhandled $ichelle, nor was there any positive act of assent or cooperation on her
part with -uth ever satisfactorily established or proved by the prosecution. 1ll that can
be gathered from evidence are7 'a) -uth and -uby were staying with $ichelle in the
same apartment, together with their =6!year old mother and -uby/s children: 'b) the
victim had been dead for two '0) to three '3) days when placed in the car: and, 'c) -uby
owns the vehicle where the body of the victim was concealed and was in fact driving the
vehicle when the police intercepted them and found the body of $ichelle in the trunk of
their vehicle. 5hile these circumstances strongly indicate that -uby had knowledge of
what her sister -uth did to $ichelle, they are too insufficient to support a finding that
-uby had something to do with the crime so that she should likewise be answerable.
5ith her nominal role, we cannot conscientiously declare that -uby was a principal or
even an accomplice in the crime. he presumption of innocence in her favor has not
been overcome by proof beyond reasonable doubt.
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$'r,'(o.
Third, the crime committed by accused!appellant -uth $ariano was evidently
murder, the killing of the victim being 9ualified by cruelty. he autopsy report of #r.
1ranas abundantly shows irrefutable evidence of cruelty !
AD2#D2I,7 %oorly nourished, fairly developed female cadaver, in the
beginning stage of decomposition. ?mbalmed. he skin and underlying soft
tissues on the chest gnawed by small animals. H?1#, -@2J 12#
?K-?$DD?,7 Healed lacerated wound, upper lip, measuring 1 by >.= cm.,
1.< cm., right of the anterior midline: Healing lacerated wound, upper lip,
measuring .>= by .3 cm., left of the anterior midline: Healed lacerated wound,
non!coaptated, lower lip, measuring 1 by 1 cm., just left of the anterior midline:
$ultiple lacerated wounds, right ear, with multiple contusions and swelling:
$ultiple lacerated wounds, left ear, with multiple contusions and swelling.
"42"B@,D427 "ause of death is multiple traumatic injuries and scalding
burns, 1st and 0nd degrees, =0E of the body surface area.
he wounds and scalding burns listed in the autopsy report were inflicted at
different times but did not immediately result in death, as some of the wounds were still
in the process of healing at the time of the autopsy. his clearly suggests that the victim
was still alive even after those injuries were sadistically and inhumanly inflicted on her.
he nature and e&tent of those injuries undoubtedly caused terrible sufferings on the
victim for a long period of time resulting in a slow, painful death. ?&plaining his medical
findings on the cadaver of the victim, #r. 1ranas testified !
F7 Dn such a situation where there are several injuries, would you tell the "ourt how long after
the infliction of those injuries will the victim dieG
17 5ell, your Honor, there is evidence of a slow regression of the physical condition of the
deceased, so, the moment that injuries were inflicted on her a few days or may be a
week prior to death, there is already a regression of the body of the deceased
considering the presence or the observation of a collapsed lung and the presence of
yellowish fluid on the lungs. his only means that there was already a slow regression
on the physical condition.
"4@-7 Dn a layman/s language, what do you mean by slow regressionG
17 5ell, your Honor, there is an evidence of the process of weakening of the system of the
body and slowing down the function of the vital organs of the deceased.
F7 Dn other words, you would like to tell the "ourt that the victim has suffered for a long time
before she actually diedG
17 %recisely, your Honor.
F7 "an you tell the "ourt, with the injuries that you have found in the body of the victim, how
long did that victim suffer before she diedG
17 5ell, your Honor, there are healed wounds and these would have been inflicted a week or
more prior to the death: and there are healing wounds and these were inflicted within a
week prior to the death: there were fresh wounds which were inflicted may be a few
hours or day prior to the death. ,o, she has been suffering for 9uite a long time prior to
the death.
[0+]
Dndeed, to the trained eye of medico!legal specialists, the inanimate remains of the
dead give an elo9uent testimony of their own, and that is true even of the young victim,
$ichelle, who in life could not have been as articulate. he test in appreciating cruelty,
as a 9ualifying circumstance is whether the accused deliberately augmented the wrong
by causing another wrong not necessary for its commission, or inhumanly increased the
victim/s sufferings or outrage, or scoffed at his person or corpse.
[3>]
he prosecution
evidence surmounted this test beyond any peradventure of doubt.
5e also find that the circumstance of abuse of superior strength aggravated the
killing of the victim. here was gross physical disparity between the age, built and
strength of accused!appellant -uth $ariano viz!a!viz the victim $ichelle. he former is
a big and burly matured woman in her thirties, several inches taller than the victim, and
8who could subdue her [victim] even without a weapon.8
[31]
5hile the latter was merely a
teenager, five '<) feet tall, slim and poorly nourished and weighed less than 1>> pounds
according to #r. 1ranas.
[30]
he records also show that accused!appellant -uth $ariano
pulled the victim/s hair, banged her head, and repeatedly doused boiling water on
her. 4n those occasions, the victim was not shown to be e9uipped with reasonable
means of defense. 1buse of superior strength depends upon the age, size and strength
of the parties. o take advantage of superior strength is to purposely use e&cessive
force out of proportion to the means of defense available to the person attacked.
[33]
1buse of superior strength is a generic aggravating circumstance which is capable
of being proved and taken into consideration in imposing the sentence, even if it was
not alleged in the information. he evidence of its e&istence merely forms part of the
proof of the actual commission of the offense and does not violate the constitutional
right of the accused to be informed of the nature and cause of the accusation against
him.
5e are not in accord with the trial court, however, in appreciating evident
premeditation as an aggravating circumstance. he essential elements of evident
premeditation are7 'a) the time when the offender determined to commit the crime: 'b)
an act manifestly indicating that the culprit had clung to his determination: and, 'c) a
sufficient interval of time between the determination and e&ecution of the crime to allow
him to reflect upon the conse9uences of his act.
[36]
hese re9uisites must be established
with e9ual certainty and clarity as the criminal act itself before it can be appreciated as
an aggravating circumstance.
[3<]
Dn the instant case, the records are bereft of any
evidence to show the nature of accused!appellant -uth $ariano/s planning and
preparation to slay her victim, or how much time had elapsed before it was carried
out. ?vident premeditation must be based on e&ternal facts which are evident, not
merely suspected, and which indicate deliberate planning. $ere presumptions and
inferences, no matter how logical or probable they might be, would not be enough to
sustain a finding of this aggravating circumstance.
[3(]
1rticle 06C of The Revised enal !ode, as amended by ,ec. (, -1 =(<+, punishes
murder with reclusion perpetua to death. he presence of the aggravating
circumstance of abuse of superior strength warrants the imposition of the higher penalty
of death on accused!appellant -uth $ariano in accordance with 1rt. (3 of The Revised
enal !ode.
[3=]
Dn addition, the same accused!appellant should be made to pay the heirs
of the victim %<>,>>>.>> for civil indemnity, comformably with prevailing jurisprudence,
[3C]
%3<,>>>.>> for actual damages, and %3>>,>>>.>> for moral damages. $oreover,
since there is present an aggravating circumstance, and considering the peculiar
circumstances of this case, an award of %<>,>>>.>> for e&emplary damages is proper.
Ainally, we cannot write "inis to this case without e&pressing our abhorrence to the
manner by which the crime was perpetrated. 1ccused!appellant -uth $ariano/s
atrocious character, which transfi&es the soul with such horror and revulsion, truly merits
the severest condemnation of this "ourt. .y her savagery and ruthlessness ! by a
woman to another woman ! she forfeits her rightful place in civilized society. $ichelle,
even in death, is entitled no less to the full measure of justice as any other victim of a
gruesome and senseless killing.
9HEREFORE, the #ecision of the court a quo of 00 *une 1++C
is $ODIFIED. 1ccused!appellant -uth $ariano is found guilty beyond reasonable
doubt of the crime of $@-#?- 9ualified by e&treme cruelty and is sentenced to
#?1H. ,he is further 4-#?-?# to pay the heirs of victim $ichelle %riol y .eronio the
following amounts7 %<>,>>>.>> for civil indemnity, %3<,>>>.>> for actual damages,
%3>>,>>>.>> for moral damages, another %<>,>>>.>> for e&emplary damages, and to
pay the costs.
1s for accused!appellant -uby $ariano, the "ourt finds the evidence insufficient to
establish beyond reasonable doubt her guilt as an accomplice in the commission of the
said crime. 2either can she be held liable as an accessory after the fact, as she is
e&empt from criminal liability by reason of her relationship with her co!accused pursuant
to 1rt. 0> of The Revised enal !ode. "onse9uently, she is 1"F@D?# of the crime
charged and her immediate release from custody is ordered unless she is being
detained for some other lawful cause. he #irector of %risons is #D-?"?# to report to
this "ourt the action taken hereon within five '<) days from receipt hereof.
Aour '6) members of the "ourt, although maintaining their adherence to the view
that -1 =(<+, insofar as it prescribes the death penalty, is unconstitutional,
nevertheless, bow to the ruling of the "ourt, by a majority vote, that the law is
constitutional and that the death penalty should accordingly be imposed. Dn accordance
with ,ec. 0< of -1 =(<+, amending 1rt. C3 of The Revised enal !ode, upon the finality
of this #ecision, let the records of this case be forthwith forwarded to the 4ffice of the
%resident for the possible e&ercise of his pardoning power.
O ORDERED.
#avide, $r., !.$., %ellosillo, &elo, uno, 'itug, (apunan, &endo)a, anganiban,
*uisumbing, ardo, %uena, +on)aga,Reyes, -nares,Santiago and #e .eon, $r.,
$$., concur.