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People v.

The accused Michael J. Butler was found guilty for the crime of murder, qualified by abuse of superior
strength, and having been proven treachery and outraging or scoffing at the corpse of the deceased,
sentences him to death. The facts are as follows:
The housemaid of the victim testified that at about 11:30 p.m., her mistress (Gina Barrios) came home
with the accused. They immediately went to Barrios’ bedroom. Barrios left her bedroom holding an ID
card and a piece of paper, and on the piece of paper, the victim wrote the contact information of the
The following day, the housemaid discovered the victim was lying on her bed, facing downward, naked up
to the waist, with legs spread apart, with a broken figurine beside her head.
In his defense, the accused testified that he was drinking in a bar when a woman was making eyes at him.
When he walked out of the place, the woman followed him and they spoke to each other. Later on, they
decided to go to the house of the woman. When they entered the bedroom of the woman, the woman
said that she would be back. Then, the woman returned along with another woman. The other woman
left and thereafter, they had sexual intercourse. He claims that it was not his intention to screw the
woman in her anus. The morning after, he noticed that his watch was missing, and the woman said that
it was with the other woman. He also took notice of his 5 pesos missing in his sock. He asked her and they
started arguing. Thereafter, they wrestled, and while the woman was grabbing him on the throat, the
accused picked up a figurine which he used to hit her in the head.
RTC convicted the accused Michael J. Butler guilty for the crime of murder, attendant with the aggravating
circumstances of abuse of superior strength, treachery and outraging or scoffing at the corpse of the
deceased, sentencing him to death.
Abuse of superior strength is present in case at bar. It is not only the notorious advantage of height that
the accused had over his hapless victim, he being 6 feet tall and weighing 155 lbs. while the girl was only
4 ft. 11 inches tall, but also his strength which he wielded in striking her with the figurine on the head and
in shoving her head and pressing her mouth and nose against the bed mattress, which pressure must have
been very strong and powerful to suffocate her to death and without risk to himself in any manner or
mode whatsoever that she may have taken or defend herself or retaliate since she was already struck and
helpless on the bed, that convinced Us to find and rule that the crime committed is murder with the
qualifying circumstance of abuse of superior strength.
Outraging or scoffing at the corpse of the deceased is attendant in the commission of the crime. It is
established that he mocked or outraged at the person or corpse of his victim by having an anal intercourse
with her after she was already dead. The fact that the muscles of the anus did not close and also the
presence of spermatozoa in the anal region as testified to by the medico-legal officer clearly established
the coitus after death. This act of the accused in having anal intercourse with the woman after killing her
is, undoubtedly, an outrage at her corpse.
The accused’s contention that the aggravating circumstance of outraging at the corpse not being alleged
in the information should not be appreciated against the accused is without merit. This is so because
the rule is that a generic aggravating circumstance not alleged in the information may be proven during
the trial over the objection of the defense and may be appreciated in imposing the penalty. Aggravating

.circumstances not alleged in the information but proven during the trial serve only to aid the court in fixing the limits of the penalty but do not change the character of the offense.