This case is a concrete example of a crime of passion. This is the case of Kevin and Helga who are both working in company engaged in the business of dealership and sale of brand new automobiles. Kevin is the company manager, while Helga is the assistant personnel manager. They were lovers although both were married but estranged from their respective spouses. To avoid nasty rumors about her illicit affair with Kevin, Helga resigned from the company but she continued her affair with Kevin.
About five months later, during one of their dates, Kevin ask Raul, the company driver assigned to him, to fetch Helga at her house and bring her to his condominium. So Raul fetched her and brought her to Kevin’s condominium about 10:30 am. He was then instructed by Kevin to wait for Helga and bring her home later. About 2.00 pm Helga asked Raul to go the company office to deliver a paper bag to her former boss Amy, the personnel manager. Then he returned to the condominium to drive Helga back home at 10 pm as instructed by Kevin. But when he has not heard from Kevin way past 10 pm Raul told the housemaid that he would go home already.
The following day, Raul again reported back at Kevin’s unit. At around noon, he overheard the housemaid asked Kevin about the kitchen knife which was missing and saw Kevin going out of the bedroom and handing the knife to the housemaid. At about 5 pm Kevin told Raul to go home already and just return the next day.
The following day, Raul reported to Kevin at the condominium. He was allowed by Kevin to go to the Company office first to get his salary. At the office, the personnel manager Amy asked him if Helga was still at Kevin’s condominium. Although Raul did not see Helga, he answered yes. When he returned Kevin asked him to go home and get some clothes since they were living for his hometown. So Raul went home then returned to Kevin’s condo and stayed at the servant’s quarter watching TV. Later, when Kevin got Raul’s assurance of his loyalty to Kevin the latter finally told him that Helga was already dead because of “bangungot.” After buying a big black garbage bag, Kevin asked Raul to enter the bathroom where he saw the dismembered hands, feet, trunk and head of Helga. Then after placing the body parts in three garbage bag, they disposed off the body and other belongings of Helga in several areas of Luzon provinces and headed for Kevin’s mansion in the latter’s hometown where they stayed overnight.
The next day when Raul came back home, he immediately told his family what happened. His wife told him to immediately report the incident. So they went to the Department of Justice which referred them to the NBI. The NBI verified Raul’s report and went to the places he mentioned where they found a crowd of people gathered around the mutilated human parts of a human body which was subsequently confirmed as that of Helga. So Kevin was arrested by the operatives of the NBI and after preliminary investigation, he was accused of the crime of murder for the death of Helga and the dismemberment of the latter’s body.
Kevin pleaded not guilty and denied Raul’s story. He testified that he was not at the condominium when Helga died but was in heir mansion at his hometown and did not see Raul at all at the time when the incident he narrated happened. His alibi was corroborated by his mother, auntie and sister-in-law. He denied having anything to do with Helga’s death because he loved her. He also produced two anonymous letters purportedly coming from Helga’s husband hurling invectives at him and threatening him with death. to kill him.
But the lower court nevertheless convicted him of murder and sentenced to reclusion perpetua and pay the heirs of the deceased, actual,moral,exemplary damages and attorney’s fees.
This decision was affirmed by the Supreme Court on appeal by Kevin. The SC said that all in all the testimony of Raul bears the ring of truth. His description of Helga’s mutilated body and the latter’s body parts as well as the other items thrown by Kevin along the road to Kevin’s hometown confirms that indeed he witnessed how Kevin disposed off Helga’s body parts and other belongings. Besides his demeanour when he took the witness stand and cross examined by the defense counsel and creditably withstood it, shows that his testimony is credible. Taken together with the physical evidence consisting of the findings of the forensic expert on the hair samples and bloodstains all confirmed Helga’s death, leads to the inescapable conclusion that Kevin stabbed Helga inside the bedroom or bathroom. While there was eyewitness to Helga’s death, the confluence of the testimonial and physical evidence against Kevin creates an unbroken chain of circumstantial evidence that naturally leads to the fair and reasonable conclusion that Kevin was the author of the crime.
The threatening letters produced by Kevin purportedly coming from Helga’s husband will not exculpate Kevin. The threats were directed at him and not at Helga. The fact remains that Helga was lass seen alive in Kevin’s condominium unit and subsequently discovered dead in his bathroom. The decapitation of Helga and dismemberment of her body constitute outraging or scoffing at the corpse of the victim thus qualifying the killing to murder. Aside from the penalty of reclusion perpetua, Kevin should also pay the heirs of Helga, P50,000 actual damages, P50,000 civil indemnity, P1,000,000 moral damages, P1,000,000 exemplary damages and P150,000 attorney’s fees. (People vs Whisenhunt, G.R. 123819, November 14, 2001) ).
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