People vs.

Del Rosario
G.R. No. 13106, June 20, 2001

FACTS:
On September 26, 1992, the accused stole and carried away 1 gold bracelet, 1 diamond ring, 1 wedding
ring, 2 pairs of gold earrings, and 1,600 pesos belonging to Emelita Paragua. On occasion of the robbery,
the eleven year old niece of Paragua, Raquel Lopez, who was alone in the house, was strangled and tied
in the neck with a CATV wire; she died of asphyxia and multiple physical injuries. Parts of the house (e.g.
sala, bedrooms) were set on fire to cover up the robbery.
A few days after the incident, Donato del Rosario surrendered himself to a police officer (the brother-inlaw of his common-law wife). He then volunteered to accompany the police in recovering the stolen
jewelries. He was positively identified by Florencio Gamboa, the appraiser of Lovely Kahael Pawnshop,
and by Rogelio Adriano and his son as the person who pawned and sold the jewelry.
Donato del Rosario was convicted by the RTC of Olongapo of robbery with homicide. He pleaded not
guilty to the crime, alleging that not all the essential requisites of the special complex crime of robbery
with homicide were present.

ISSUE:
Whether or not the essential requisites of robbery with homicide were present.

HELD:
Yes. Case law has it that when stolen property is found in the possession of a person who is not the
owner thereof, he will be presumed the thief if he cannot satisfactorily explain his possession. The
accused knew exactly where he can recover the stolen jewelries and was positively identified by
witnesses.
Intent to gain is assumed in an information where it is alleged that there was unlawful taking and
appropriation by the offender of the properties stolen. The jewelries recovered were pawned and sold by
the accused and was positively identified by the owners of the establishments.