Title
People vs. Whisenhunt
Case
G.R. No. 123819
Decision Date
Nov 14, 2001
Whisenhunt murdered and dismembered his lover, Elsa, in 1993; convicted of murder, sentenced to reclusion perpetua, with modified damages.

Case Summary (G.R. No. 123819)

Parties and Proceeding

The People of the Philippines prosecuted Stephen Mark Whisenhunt as accused-appellant. Whisenhunt was formally charged through an Information filed in 1993, arraigned on January 6, 1994, and pleaded not guilty. The trial court promulgated the appealed judgment on January 31, 1996, convicting him of murder. On appeal, he argued that the trial court erred in finding him guilty beyond reasonable doubt and in crediting the prosecution’s circumstantial evidence, as well as in rejecting his defenses.

Relationship and Events Leading to the Killing

The evidence established that accused-appellant and Elsa were lovers and both were married to other persons, yet estranged from their respective spouses. Their relationship began at Apex Motor Corporation, where Whisenhunt served as Manager while Elsa served as Assistant Personnel Manager. In April 1993, Elsa resigned from Apex, apparently to avoid rumors of the affair, but the affair continued. On September 23, 1993, Demetrio Ravelo, an Apex employee assigned to drive for Whisenhunt, reported at Whisenhunt’s condominium unit. Whisenhunt ordered Demetrio to fetch Elsa at her parents’ house at 10:30 a.m. Demetrio found her near her parent’s house carrying bags and wearing a violet blouse, and brought her to the condominium.

On September 24, 1993, Elsa instructed Demetrio to deliver a paper bag to Amy Serrano, the Personnel Manager, at Apex. After returning to the condominium and later waiting until a little past 10:00 p.m., Demetrio was told to go home. On the next day, September 25, 1993, Elsa was no longer seen in the condominium, and Demetrio learned that the kitchen knife was kept in Whisenhunt’s bedroom. Around the afternoon of September 25, Whisenhunt asked Demetrio how long he intended to work for him, embraced him when Demetrio expressed loyalty, and then told him that Elsa was dead. When Demetrio asked why Whisenhunt had killed her, Whisenhunt claimed that Elsa had died of “bangungot,” yet asserted that he had already beheaded her and offered to show the corpse, which Demetrio refused.

The Disposal of the Body and Personal Effects

Demetrio testified that Whisenhunt and he thereafter went to shopping and bought a large bag, and when they returned, Whisenhunt asked Demetrio to wrap the body parts in garbage bags. Demetrio entered Whisenhunt’s bathroom and found dismembered parts—hands, feet, trunk, and head—of a woman. When Demetrio lifted the severed head by the hair, he saw Elsa’s face. They placed body parts into separate garbage bags, packed them into the purchased bag, loaded it into Whisenhunt’s car, and traveled toward Bataan. Whisenhunt directed Demetrio to drive around Batangas and Tagaytay, then along the South Luzon Expressway toward Sta. Rosa, Laguna, where, at points identified by bridges and roadside boundaries, Whisenhunt ordered the disposal of body parts, clothes, and personal belongings, including the strew of Elsa’s severed remains along deserted countryside roads. The testimony described repeated acts of throwing items from the moving course of travel, including the dumping of plastic bags by a roadside and the disposal of Elsa’s clothing and accessories along the route.

They reached Whisenhunt’s family mansion at around midnight. Demetrio was unable to sleep due to fear that he might become the next victim. The next morning, Whisenhunt instructed Demetrio to clean the car trunk so the compartment would not “smell.” Later, during the return trip to Manila, Whisenhunt burned and discarded an ATM card. Whisenhunt then gave Demetrio P50.00 for transportation and told him that he and his family could go on vacation.

Demetrio immediately reported the incident to his wife, and, following his wife’s instruction, to Fiscal Joey Diaz. The following day, Demetrio, his family, and his brothers proceeded to the Department of Justice, where they were referred to the National Bureau of Investigation (NBI). Demetrio executed a statement before an NBI official, after which the NBI dispatched agents to verify the report.

Investigation, Arrest, and Forensic Evidence

The NBI team, headed by Marianito Panganiban, went with Demetrio to Sta. Rosa, Laguna. They found a crowd around the mutilated body parts along the roadside. The body parts were taken to a funeral parlor, and NBI agents later brought Elsa’s sisters, Amelia Villadiego and Elida Santos, to identify the remains. On September 28, 1993, Whisenhunt was arrested while he drove up to his parking space at Apex Motor Corporation. When approached by Atty. Sacaguing, Whisenhunt showed nervousness and trembled.

Upon instruction, Whisenhunt retrieved personal belongings from his vehicle. When he opened the trunk compartment, a foul stench emanated. Atty. Sacaguing inspected the interior and saw suspected blood stains on the lawanit board. He ordered a technician from the NBI Chemistry Division for examination. Atty. Sacaguing also observed contusions on Whisenhunt’s lower lip and cheek, and ordered a medical examination. The Medico-Legal Officer found contusions in multiple locations, including the left periumbilical region, right elbow, left and right forearms, and right leg.

On September 29, 1993, the NBI conducted a search of Whisenhunt’s condominium unit under a search warrant. Agents recovered hair strands from beneath a rubber mat and rugs inside the bathroom. In Whisenhunt’s bedroom, they found bloodstains on the bedspread and bed covers, a pair of Topsider shoes with bloodstains, a bottle of Vicks Formula 44, and additional hair strands on a lampshade. That day, Demetrio and NBI agents retraced the route to retrieve items thrown away by Whisenhunt, including a violet bag, one brown sandal, and a shirt with violet and green floral prints. Amelia Villadiego identified the items. Forensic biologist Caroline Y. Custodio conducted comparative examinations between the hair specimens found in Whisenhunt’s bathroom and hair samples taken from Elsa while she lay in state. The report indicated that the questioned hair specimen showed similarities to Elsa’s hair. Custodio also reported positive results for human blood on the bed cushion cover, bedspread, and Topsider shoes, with reactions of blood Group “B.” The bloodstains in the trunk plywood board likewise tested positive for human blood with reactions of Group “B.” Blood taken from the victim showed reactions of Group “B” as well.

Autopsy Findings

Dr. Ronaldo B. Mendez, who conducted the autopsy, concluded that Elsa’s cause of death was stab wounds. He found stab wounds on the right breast and under the left breast, with penetration affecting thoracic and abdominal structures, including the right lung, diaphragm, abdominal cavity, and liver. The postmortem findings reflected decapitation, dismemberment of hands and legs, removal of soft tissues exposing bones, and extensive incised wounds. The autopsy further recorded contusions on the face and a stab wound on the neck. Dr. Mendez’s cause of death remained stab wounds notwithstanding the defense theory that Elsa died of “bangungot.”

Defense Theory and Evidence Offered

Whisenhunt’s defense denied complicity and presented multiple points. He alleged that he was at home on September 23, 1993 because he was not feeling well, and he denied ordering Demetrio to fetch Elsa. He also denied Demetrio’s account concerning cigarettes and the order to go home at 5:00 p.m. He further maintained that he did not see Demetrio at any time in the afternoon of September 24, 1993.

For September 25, 1993, Whisenhunt claimed he was feeling better and left for Bagac, Bataan during the afternoon, asserting that he met his family at a beach house and that Demetrio took the car for town errands. Whisenhunt’s mother testified that he arrived in Bagac at 5:00 p.m. and, the next morning, she saw him in beach attire. She related family activities and lunches within a few minutes’ drive from the house. This testimony was corroborated by Whisenhunt’s aunt, Ms. Frances Sison. Whisenhunt claimed he jet-ski’d in the morning of September 25 and suffered bruises due to choppy waters; he also claimed he slipped down stairs, rested, and later traveled back to Manila at 1:30 p.m. Whisenhunt asserted that he first learned about Elsa’s death only when arrested by the NBI on September 28, 1993.

To explain alleged threats, Whisenhunt presented two anonymous letters which, according to Elsa, were written by her estranged husband. The trial evidence included the letters’ contents and Whisenhunt’s claim that Elsa became upset and worried upon learning the letters came from her estranged husband.

Trial Court Rulings on Credibility and Evidence

The trial court accepted Demetrio’s testimony as credible and found it consistent on material points. It also gave weight to the physical evidence. The trial court held that the circumstances proved that Elsa was brought to Whisenhunt’s condominium, that the kitchen knife was kept in his bedroom, that the dismemberment and collection of the body parts occurred in his bathroom and bedroom, and that Whisenhunt disposed of the remains and belongings along the road toward Bataan. It also ruled that the forensic and autopsy findings linked the killing to the acts of the accused-appellant.

On the defense attack on the sufficiency and reliability of the medico-legal findings, the defense presented lawyer-doctor Ernesto Brion as a witness to question the autopsy prepared by Dr. Mendez. The trial court rejected Dr. Brion’s testimony, finding it unreliable due to bias because Dr. Brion had entered his appearance as counsel for Whisenhunt and extensively cross-examined Dr. Mendez. The trial court did not treat his testimony as perjury. It simply weighed the conflicting medico-legal opinions and found Dr. Mendez’s conclusions more credible because Dr. Mendez conducted the autopsy and personally examined the corpse.

Issues on Appeal

Whisenhunt challenged the conviction on several grounds. He contended that the pros

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