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En Banc: People of The Philippines, Plaintiff-Appellee
En Banc: People of The Philippines, Plaintiff-Appellee
RESOLUTION
PER CURIAM:
appellants (1) Francisco Juan Larraaga, (2) Josman Aznar, (3) Rowen Adlawan,
Alberto Cao and Ariel Balansag, and (4) James Anthony Uy and James Andrew
Uy, assailing our Decision dated February 3, 2004 convicting them of the crimes
and (b) simple kidnapping and serious illegal detention, the dispositive portion of
which reads:
(4) Appellants are ordered to pay jointly and severally the heirs of
Marijoy and Jacqueline, in each case, the amounts of (a) P100,000.00 as
civil indemnity, (b)P25,000.00 as temperate damages, (c) P150,000.00 as
moral damages, and (d) P100,000.00 as exemplary damages.
Three (3) Justices of the Court maintain their position that RA 7659
is unconstitutional insofar as it prescribes the death penalty; nevertheless,
they submit to the ruling of the majority that the law is constitutional and the
death penalty can be lawfully imposed in the case at bar.
SO ORDERED.
Appellants anchor their motions on the following grounds:
A. LARRAAGA
II
III
IV
VI
B. AZNAR
II
IV
II
III
IV
this Court the Affidavit dated February 27, 2004 of Atty. Florencio Villarin,
show that: (1) the police investigation of this case was flawed; (2) he (Aznar) was
arrested in 1997 not because of his involvement in this case but because he had in
his possession a pack of shabu and firearms; and (3) David Rusia is not a credible
witness.
comment[6] praying that the four (4) motions for reconsideration be denied with
Decision.
reconsideration, the Solicitor General enumerated the grounds why Atty. Villarins
Affidavit should not be given consideration. On February 15, 2005, Aznar filed a
reply alleging that the Solicitor General read out of context certain portions of the
Affidavit only exposes the flawed investigation of the Chiong case and that, at the
time of his arrest, there was no evidence against him. On March 4, 2005, the
Solicitor General filed a rejoinder stating that Aznars reply actually supports the
Affidavit. On March 29, 2005, Aznar filed a sur-rejoinder insisting that the
Except for the motion filed by appellants Uy brothers with respect to James
reconsideration does not impose on us the obligation to discuss and rule again on
the grounds relied upon by the movant which are mere reiteration of the issues
previously raised and thoroughly determined and evaluated in our Decision being
questioned. In Ortigas and Company Limited Partnership vs. Velasco,[8] we ruled that,
reiteration of the reasons already set forth in the judgment or final order for
Larraaga, Aznar, Adlawan, Cao and Balansag, it being apparent that the points
raised therein are not neoteric matters demanding new judicial determination.
They are mere rehash of the arguments set forth in their respective briefs which
sought to be reconsidered.
However, in view of the severity of the penalties for the crimes charged, we
motions:
fourth, in holding that the body found in Tan-awan, Carcar was not that of
Marijoy.
In deciding a criminal case, the policy of the courts is always to look at the
case in its entirety. The totality of the evidence presented by both the prosecution
and the defense are weighed, thus, averting general conclusions from isolated
pieces of evidence. This means that an appeal of a criminal case opens its entire
testimony hook, line and sinker, owing to his tainted record and
reputation. However, it must be stressed that Rusias testimony was not viewed
in isolation. In giving credence to Rusias testimony, the trial court took into
witnesses. Thus, we find no reason why we should not uphold the trial courts
findings.
testimony worthy of belief is its striking compatibility with the physical evidence.
Physical evidence is one of the highest degrees of proof. It speaks more eloquently
than all witnesses put together.[10] The presence of Marijoys ravished body in a
deep ravine at Tan-awan, Carcar with tape on her mouth and handcuffs on her
wrists certainly
bolstered Rusias testimony on what actually took place from Ayala Center to
Tan-awan. Indeed, the details he supplied to the trial court are of such nature and
quality that only a witness who actually saw the commission of the crimes could
Minoza witnessed Jacquelines two failed attempts to escape from appellants near
Ayala Center. Benjamin Molina and Miguel Vergara recognized Rowen as the
person who inquired from them where he could find a vehicle for hire on the
evening of July 16, 1997. Alfredo Duarte saw Rowen when he bought barbeque
and Tanduay at Nenes Store while the white van, driven by Cao, was waiting on
the side of the road and he heard voices of quarreling male and female emanating
from the van. And lastly, Manuel Camingao and Rosendo Rio testified on the
presence of Larraaga and Josman at Tan-awan, Carcar at dawn of July 17, 1997. All
these bits and pieces of story form part of Rusias narration. Now, with such strong
why should we not accord credence to Rusias testimony? Even assuming that his
character, it is not so when considered with the other evidence presented by the
prosecution.
II
Appellants likewise claimed that we should have not sustained the trial
courts rejection of their alibi. Settled is the rule that the defense of alibi is inherently
weak and crumbles in the light of positive declarations of truthful witnesses who
witnesses who testify on clear and positive evidence.[12] On top of its inherent
appellants alibi supported by witnesses who were either their relatives, friends or
classmates, while on the other end is the positive identification of the herein
appellants by the prosecution witnesses who were not, in any way, related to the
victims. With the above jurisprudence as guide, we are certain that the balance
Not even Larraaga who claimed to be in Quezon City satisfied the required
proof of physical impossibility. During the hearing, it was shown that it takes only
one (1) hour to travel by plane from Manila to Cebu and that there are four (4)
airline companies plying the route. One of the defense witnesses admitted that
there are several flights from Manila to Cebu each morning, afternoon and
evening. Indeed, Larraagas presence in Cebu City on July 16, 1997 was proved
to be not only a possibility but a reality.Four (4) witnesses identified Larraaga as
one of the two men talking to Marijoy and Jacqueline on the night of July 16,
1997. Shiela Singson testified that on July 16, 1997, at around 7:20 in the evening,
she saw Larraaga approach Marijoy and Jacqueline at the West Entry of Ayala
Center. The incident reminded her of Jacquelines prior story that he was Marijoys
admirer. Shiela confirmed that she knows Larraaga since she had seen him on five
(5) occasions. Analie Konahap also testified that on the same evening of July 16,
1997, at about 8:00 oclock, she saw Marijoy and Jacqueline talking to two (2) men
at the West Entry of Ayala Center. She recognized the two (2) men as Larraaga
and Josman, having seen them several times at Glicos, a game zone, located across
her office at the third level of Ayala Center. Williard Redobles, the security guard
then assigned at Ayala Center, corroborated the foregoing testimonies of Shiela
and Analie. In addition, Rosendo Rio, a businessman from Cogon, Carcar,
declared that he saw Larraaga at Tan-awan at about 3:30 in the morning of July 17,
1997. The latter was leaning against the hood of a white van.[15] And over and
above all, Rusia categorically identified Larraaga as one of the participes criminis.
At this juncture, it bears mentioning that this case is not the first time
snatch their young daughter and drag her in a black, stylish Honda Civic. It
happened just near the gate of Rochelles school, thus, showing his impudence. We
quote a portion of the transcript of stenographic notes dated September 23, 1998,
thus:
ATTY. HERMOSISIMA:
Your Honor please, this is a . Inspector Era handed to this representation
a copy of a Letter dated September 25, 1996, addressed to the Student
Affairs Office, University of San Carlos,P. del Rosario Street, Cebu City, and
this is signed by Leo Abayan and Alexander Virtucio and noted by Mrs.
Aurora Pacho, Principal, University of San Carlos, Girls High School, and
for the record, I will read the content:
xxxxxx
The presence of such complaint in the record of this case certainly does not
Larraaga and Aznar bewail our refusal to overturn the trial courts exclusion
of Professor Jerome Bailen and Atty. Florencio Villarin, NBI, Regional Director, as
defense witnesses. Professor Bailen was properly excluded. First, he is not a finger-
print expert but an archaeologist. And second, his report consists merely of the
results of his visual inspection of the exhibits already several months old. Anent
Atty. Villarins failure to testify before the trial court, suffice it to say that his
belated Affidavit, which Aznar submitted via his supplemental motion for
reconsideration dated May 5, 2004, raises nothing to change our findings and
people that he was the one responsible for solving the Chiong case and for that, he
deserves a promotion. The trial court, at the onset, must have seen such
xxxxxx
Neither can we entertain at this late stage Dr. Fortuns separate study to show that
reception. Obviously, Larraaga could have produced it during trial had he wished
to.
IV
Knowing that the prosecutions theory highly rests on the truth of Rusia
testimony, appellants endeavor to destroy it by claiming that the body found at
the foot of a deep ravine in Tan-awan, Carcar was not that of Marijoy. We must
reiterate the reasons why we cannot give our assent to such argument. First,
Inspector Edgardo Lenizo,[18] a fingerprint expert, testified that the fingerprints of
the corpse match those of Marijoy.[19] Second, the packaging tape and the handcuff
found on the dead body were the same items placed on Marijoy and Jacqueline
while they were being detained.[20] Third, the body had the same clothes worn by
Marijoy on the day she was abducted.[21]And fourth, the members of the Chiong
family personally identified the corpse to be that of Marijoy[22] which they
eventually buried. They erected commemorative markers at the ravine, cemetery
and every place which mattered to Marijoy. As a matter of fact, at this very
moment, appellants still fail to bring to the attention of this Court any person
laying a claim on the said body. Surely, if the body was not that of Marijoy, other
families who had lost someone of similar age and gender as Marijoy would have
surfaced and claimed the body. The above circumstances only bolster Rusias
narration that Rowen and Ariel pushed Marijoy into the deep ravine, following
Josmans instruction "to get rid" of her.
On the issue raised by appellants Uy brothers that James Andrew was only
seventeen (17) years and two hundred sixty two (262) days old at the time the
crimes were committed, the records bear that on March 1, 1999, James Andrews
birth certificate was submitted to the trial court as part of the Formal Offer of
Additional Evidence,[23]with the statement that he was eighteen (18) years old. On
March 18, 1999, appellants filed a Manifestation of Erratum correcting in part the
Formal Offer of Additional Evidence by alleging that James Andrew was only
Now, James Andrew begs leave and prays that this Court admits at this
stage of the proceedings his (1) Certificate of Live Birth issued by the National
Statistics Office, and (2) Baptismal Certificate. He prays that his penalty be
The entry of James Andrews birth in the Birth Certificate is not legible, thus it is
find it proper to require the Solicitor General (a) to secure from the Local Civil
Registrar of Cotobato City, as well as the National Statistics Office, a clear and
legible copy of James Andrews Birth Certificate, and thereafter, (b) to file
penalty, there being nothing in his motion which warrants a reconsideration of our
Decision.
of evaluating every piece and specie of evidence presented before the trial court in
response to appellants plea for the reversal of their conviction. But, even the
fatuus which has eluded any intelligent ratiocination of their submissions. Verily,
our conscience can rest easy on our affirmance of the verdict of the trial court, in
Francisco Juan Larraaga, Josman Aznar, Rowen Adlawan, Alberto Cao and Ariel
Balansag are hereby DENIED. The Solicitor General is DIRECTED (a) to secure
from the Local Civil Registrar of Cotobato City, as well as the National Statistics
Office, a clear and legible copy of James Andrews Birth Certificate, and (b) within
ten (10) days therefrom, to file an extensive comment on the motion for
reconsideration filed by James Andrew and James Anthony Uy, solely on James
Anthony Uy is concerned.
SO ORDERED.
CERTIFICATION
[1]
As summarized by the Solicitor General, Rollo at 1881. It was filed on March 4, 2004.
[2]
Rollo at 1517. It was filed on March 5, 2004.
[3]
Id. at 1480. It was filed on March 3, 2004.
[4]
Id. at 1789. It was filed on March 23, 2004.
[5]
Dated May 5, 2004, Id., at 1841-1845.
[6]
Id., at 1879-1924.
[7]
It was filed on January 12, 2005.
[8]
G.R. No. 109645, March 4, 1996, 254 SCRA 234.
[9]
Obosa v. Court of Appeals, G.R. No. 114350, January 16, 1997,266 SCRA 281.
[10]
People. v. Bardaje, G.R. No. L-29271. August 29, 1980, 99 SCRA 3881 ; G.R. Nos. 76416 and 94312, July 5,
1999;. People v. Bermas, G.R. Nos. 76416 and 94312, July 5, 1999, 309 SCRA 741; People v. Sacabin, G.R. No.
L-36638, June 28,1974, 57 SCRA 707; People v. Demeterio, G.R. No. L-48255, September 30, 1983, 124 SCRA
914.
[11]
People vs. Rollon, G.R. No. 131915, September 3, 2003, 410 SCRA 295.
[12]
Ibid.
[13]
People v. Datingginoo, G.R. No. 95539, June 14, 1993, 223 SCRA 331; People v. Abatayo, G.R. No. 139456.
July 7, 2004, 433 SCRA 562.
[14]
People vs. Dela Cruz, G.R. No. 108180, February 8, 1994, 229 SCRA 754.
[15]
TSN, September 15, 1998 at 26-47.
[16]
At 43-46.
[17]
Consolidated Comment of the Office of the Solicitor General, at 2-4.
[18]
Inspector Lenizo finished Law and Criminology. He worked for the crime laboratory of the Philippine National
Police where he was trained in finger-print examination and where he conducted around 500 finger-print
examinations, 30 of which involved dead persons. At the time he testified, Inspector Lenizo was head of the
Fingerprint Identification Branch of the PNP Crime Laboratory, Region 7.
[19]
TSN, September 22, 1998 at 31-40.
[20]
See also TSN, September 23, 1998 at 13, 20.
[21]
TSN, August 18, 1998 at 62; August 19, 1998 at 115; September 23, 1998 at 13, 20.
[22]
TSN, August 18, 1998 at 62; August 19, 1998 at 57, 60.
[23]
Rollo, at 1894.
[24]
Id., at 1948.