involvement in the rape of Eileen and the twin killings that
followed. Heres their story.
FIRST DIVISION
[G.R. No. 121039-45. January 25, 1999]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
v. MAYOR ANTONIO L. SANCHEZ, GEORGE
MEDIALDEA, ZIOLO AMA, BALDWIN BRION, LUIS
CORCOLON, ROGELIO CORCOLON, and PEPITO
KAWIT, accused-appellants.
DECISION
MARTINEZ, J.:
. . . a plot seemingly hatched in hell . . .
This was how Judge Harriet O. Demetriou1 of the Pasig City
Regional Trial Court, Branch 70, in her 132-page Decision
dated March 11, 1995 now before us on review, emphatically
described the Allan Gomez-Eileen Sarmenta rape-slay that
drew strong condemnation from an outraged populace in the
middle of 1993. After a protracted and grueling 16-month trial,
she found all those charged therewith, namely: Calauan
Mayor Antonio Sanchez (hereafter the Mayor), George
Medialdea, Luis and Rogelio Corcolon, Zoilo Ama, Baldwin
Brion and Pepito Kawit (appellants herein), guilty beyond
reasonable doubt of the crime of rape with homicide on seven
counts and sentenced each one of them:
. . . to suffer the maximum penalty of reclusion perpetua for
each of the seven offenses or a total of seven reclusion
perpetua for each accused. In addition, the Court hereby
orders all the accused to jointly and severally pay the victims
respective families the following sums by way of civil
indemnity:
1. the sum of P3,432,650.00 representing the actual
damages sustained by the Sarmenta
family;
2. the sum of P3,484,000.00 representing the actual
damages sustained by the Gomez family;
3. the sum of P2,000,000.00 as moral damages
sustained by the Sarmenta family;
4. the sum of P2,000,000.00 as moral damages
sustained by the Gomez family;
5. the sum of P191,000.00 as attorneys fees and
litigation expenses incurred by the Gomez
family; and
6. the sum of P164,250.00 for litigation expenses
incurred by the Sarmenta family.
As to the antecedents, appellants all appear to agree that the
trial court, in the very words of counsel2 who prepared the
consolidated brief for the Mayor and Medialdea, made a very
detailed summary of both the prosecution and defense
evidence.3 This Court can thus conveniently provide a briefer
but fairly accurate account of the respective versions of the
State and the defense on the basis of the trial courts
summary, rather than combing the heap of evidence
presented by both sides.
The prosecutions version of the events on that horrible night
of June 28, 1993 was based mainly on the recollections of its
star witnesses Aurelio Centeno and Vicencio Malabanan (a
member of appellant Sanchez security team) co-conspirators
turned state witnesses. Both admitted having taken part in
the abduction of Eileen and Allan, but denied any personal
Medialdea (then the Deputy Chief of the PNP Calauan),
together with Centeno who was driving an ambulance,
fetched witness Malabanan at his residence in the early
morning of June 28, 1993 on the pretext that they will
apprehend one Rodolfo Calva alias Tisoy a notorious gun
runner and drug pusher in the locality. Next to be picked up
was Ama in Barangay Masiit, then Luis Corcolon (hereafter,
Luis) in Barangay Mabacan. On board the ambulance, the
five (5) men made stopovers in Barangays Imok and Wawa
until they headed back for Calauan at past 7:00 oclock in the
evening, upon orders of Luis.
At the Shell gas station in the poblacion of Calauan, the five
(5) men met and picked up Rogelio Corcolon (hereafter,
Boy), Kawit and Brion, then they proceeded to Los Baos.
Along the way, Luis announced to the group that the real
purpose behind the Los Baos trip is to take a pretty young
lass long desired by the Mayor and offer her to him as a gift.
Luis, to satisfy his companions curiosity, even guaranteed
that her beauty will make their saliva drip.
Not for long, the ambulance arrived at the U.P. Los Baos
grounds. Witness Centeno drove the ambulance around the
campus at a snails pace while Luis scoured the area with
watchful eyes. As the search inside the campus proved
fruitless, Luis then ordered Centeno to slowly drive out of the
university compound and to stop upon reaching the vicinity of
the Agrix complex. Luis, Boy, Ama, Brion and Kawit alighted
from the ambulance and went inside the Agrix complex.
Witness Centeno overheard Medialdea informing the Boss,
via the radio, that they were already in the area. The Boss
was the Mayor.
Inside the Agrix complex is a restaurant called Caf Amalia.
Parked in front of that establishment was a Tamaraw van.
Eileen and Allan were its passengers, both occupying the
front seats. She was wearing a T-shirt, white shorts and
rubber shoes. Armed with guns, Luis and Boy approached
Eileen and Allan, forcibly took the two and loaded them at the
back of the van. All the appellants boarded the van while
Centeno and Malabanan stayed in the ambulance. Both
vehicles then headed for Erais Farm situated in Barangay
Curba, owned by the Mayor.
As soon as the group arrived at the farm, the two (2) captives
were brought down the van. Eileen was gagged by a
handkerchief and her hands, like Allan, were tied. A white
towel was wound around Allans mouth. The Mayor, then
wearing a jogging attire, emerged from the resthouse and
asked the group: My children, whats the problem? To this
Luis respondent: Mayor, this is our gift to you, the girl youve
been longing for. Shes really beautiful. But whos that man?
asked the Mayor. Eileens companion, boss. Medialdea
replied. We brought him along to avoid complications, he
continued.
The two youngsters were then brought inside the resthouse
where Eileen was taken to the Mayors room. Allan was badly
beaten up by Luis, Boy, Ama and Medialdea and thereafter
thrown out of the resthouse. Kawit followed-up by striking
Allans diaphragm with the butt of an armalite, causing Allan
to fall against a cement box. Brion thought Allan was already
dead, but Kawit said: :His death will come later.
Meanwhile, Centeno, while waiting for further orders, joined
the Mayors personal aides Edwin Cosico and Raul Alorico
watch television at the adjacent resthouse. Alorico told
Centeno that the Mayor had been eagerly waiting for the
group and worried that they will not arrive.
At around 1:00 a.m. of the next day, a crying Eileen was
dragged out of the resthouse by Luis and Medialdea her hair
disheveled, mouth covered by a handkerchief, hands still tied
and stripped of her shorts. The Mayor, clad merely in white
polo, appeared and thanked Luis and Medialdea for the gift. I
am through with her. Shes all yours, the Mayor uttered in
contentment. When asked what will happen to Allan,
Medialdea assured the Mayor that they will also kill him for
full measure. Eileen and Allan were then loaded in the
Tamaraw van by the appellants and headed for Calauan,
followed closely by the ambulance.
En route to Calauan, Centeno, who was driving the
ambulance, noticed the van swaying from side to side. Then
he heard gunfire coming therefrom. The van pulled over
whereupon Kawit dragged Allan, whose head was already
drenched in blood, out of the vehicle onto the road and
finished him off with a single gunshot from his armalite. The
ambulance and van then sped away.
The next destination was a sugarcane field in Sitio Paputok,
Kilometro 74 of Barangay Mabacan. It was here that Luis
announced that its tiime for the group to feast on Eileen (the
exact words of Luis were Turbohin na rin natin ang tinurbo ni
Boss). She was laid at the back of the van, with her hands
and legs being held by the appellants while waiting for their
turn. Then the gang-rape began. The first to ravish Eileen
was Luis, then Medialdea, Boy, Ama, Brion and finally, Kawit.
Bewailing the helplessness of her situation, Eileen pleaded,
in between sobs and whimpers, for the torture to stop.
However, her tears for compassion fell, weak and ineffective,
upon the insensitive brutes. Kawit invited Centeno to join the
sexual fiasco but the latter refused as he cannot, in
conscience, bear the bestiality being committed on Eileen
who appeared to be dead. After Kawits turn, Eileen knelt on
the seat of the van and begged for her life. Unmoved, Luis
muted Eileens cried by forcing an object into her mouth and
then fired his baby armalite at her. Centeno was thereafter
ordered to get rid of Eileens dead body. Moments later, all
eight (8) men boarded the ambulance and proceeded to
Calauan, leaving the Tamaraw van with Eileens remains
behind. Along the way, Centeno and Malabanan watched in
dismay as Luis, Boy, Medialdea, Ama, Brion and Kawit
savored the nights escapade, to their sickening delight.
Appellants and Malabanan were then brought to their
respective homes by Centeno.
June 29, 1993 and the day following were tense moments for
the group. In the morning of June 29, Medialdea and
Centeno fetched Malabanan, Luis and Ama. They were going
to Barangay Imok to make it appear that they were
conducting some police operations in that area. Upon
reaching Barangay Imok, the group saw Allans body which
they dumped a few hours earlier. Luis, Medialdea and
Malabanan alighted from the ambulance, whereupon Luis
ordered Centeno to drive back to the municipal hall.
Boy Corcolon, who was at the municipal hall, informed Ama
that a dead female loaded inside a Tamaraw van was found
in Barangay Mabacan. Ama then radioed the PNP Chief of
Calauan, Major Cao, who at that time was summoned by the
Mayor. Major Cano thereafter arrived and ordered one SPO2
Melencio Nuez to investigate the matter. Meanwhile, Centeno
received word that he was to fetch Malabanan, Luis and
Medialdea in Barangay Imok. After picking up the three (3),
Centeno drove the ambulance to Barangay Mabacan where
the dead Eileen was found.
Eileens body lying inside the Tamaraw van was a pitiful sight.
Her face bore a gunshot wound; a handkerchief was stuffed
in her mouth; her T-shirt was rolled up revealing her breasts;
and her panty was rolled down on one of her feet still with
rubber shoes on. Medialdea covered Eileens exposed private
parts by fixing her T-shirt and underwear and by placing a
sackcloth over her lower body. The group then escorted the
van with Eileens body in it, to the UP Los Baos police station
where student milled around and identified the cadaver to be
Eileen indeed. Later on, the van carrying Eileen, as well as
Allans body, was brought to the Calauan municipal hall.
There, Centeno saw a prisoner named Arnold cleaning the
van.
Meanwhile, Malabanan, Ama and Medialdea, on June 29,
went to the site (Bgy. Imok) where Allans body was found,
started asking residents about the incident and were able to
retrieve an empty armalite shell. Malabanan thereafter
handed the empty shell to Major Cao at the police station.
The three (3) men and one SPO3 Rizaldy Belen, sometime in
the afternoon of the same day, visited the Mayor at his house
in Bay, Laguna. Medialdea informed the Mayor of the
presence of people from the CIS, NBI and press in the
locality. The Mayor flared up and blamed them for not using
their heads. But he later on assured them that he could fix the
problem in less the amount of a brand new car.
The following day, June 30, Medialdea, upon the Mayors
directive, handed a pair of white walking shorts to Major Cao.
When Malabanan asked Medialdea whose pair of shorts was
that, the latter replied that it was the short of Eileen which the
Mayor wanted to be delivered to Major Cao.
That same day of June 30, Centeno went to see the Mayor at
his house in Calauan about his worries over reports that the
driver of the ambulance involved in the rape-slay was being
hunted down. The Mayor gave Centeno P2,000.00 and
advised him to keep silent or better yet, to go into hiding.
Centeno did hide himself until CIS agents accosted him at the
Divisoria market on August 10, 1993. As to Malabanan, he,
Medialdea and Ama were brought to the PNP Sta. Cruz
Command to shed light on the cleaning of the Tamaraw van.
Coming now to the defense, each of the appellants had an
alibi to tell and sought to put the blame on Kit Alqueza, the
son of a feared general (Dictador Alqueza) who earned the
monicker Barako from the local residents.
The Mayor claimed that he was at the residence of his
mistress Elvira in Bay, Laguna in the morning of June 28,
1993. They left for Makati City at about 1:00 oclock in the
afternoon thereafter proceeded to San Pablo City at around
4:00 p.m., left that city at 7:30 p.m. and then returned to
Elviras house in Bay at around 10:00 p.m. He and Elvira
retired at around 12:30 in the morning. He woke up at 5:00
a.m. Jogging was his favorite form of exercise, but foul
whether prevented him from running that morning. His three
(3) children with Elvira greeted him at around 6:30 a.m.
before heading for school. He took his breakfast and lunch at
Elviras house.
Medialdea, Ama and Malabanan arrived between 1:00 p.m.
and 2:00 p.m. and informed the Mayor of the rape-slay in
which Kit Alqueza was the prime suspect. This made the
Mayor very angry, for which he ordered a thorough
investigation of the incident to avoid any whitewash. "I will not
hesitate to have the perpetrators of this crime killed (by
electric chair), whether a generals son in involved or not, son
of a bitch!, he blurted. The Mayor then advised appellants not
to worry if they were really innocent and that the primordial
concern is that a full investigation be conducted.
The Mayor then went to his residence in Calauan. At around
4:00 p.m. of that same day (June 29), he sent his driver Mario
Puyales to Barangays Masiit and Balayhangin to inquire from
the residents about the crime. Puyales returned at around
7:00 p.m. and informed the Mayor that a card gambler was
able to retrieve a pair of white shorts lying near the national
highway in Barangay Balayhangin. Puyales was sent back to
that barangay to advise the residents thereof to keep the
shorts at their fence near the highway as it may later on aid
the on-going investigation.
In the morning of June 30, 1993, the Mayor, with some
companions, jogged towards the direction of Barangay
Mabacan and at the same time inquired from residents
whether they noticed anything unusual on the night of June
28, 1993. A certain Mang Torio told the Mayor that he found a
pair of maong pants lying at the side of the road but left if
there. After inspecting the dirty maong pants, the Mayor
instructed Mang Torio to keep the pants as the former will
send someone back to pick it up.
Eventually, the Mayor got hold of the pairs of white shorts
and maong pants. The shorts was clean, with complete
beltloops and without any tear. He then ordered his driver
Puyales to send the articles to Medialdea for safekeeping.
But during the trial, the Mayor, when shown the shorts and
pants, claimed that they are quite different from the articles
he got hold of previously. The maong pants shown to him by
Mang Torio was of a darker shade of blue. As to the white
shorts, it was the same pair he gave to Medialdea, but now it
is torn and has some missing beltloops.
Based on his own investigation, the Mayor came to know that
Kit Alqueza is a feared and dangerous student of the
university, being a member of an elite fraternity in the campus
and a generals son at that. The Mayor later informed
Congressman Tingzon of Kits probable involvement in the
crime. Congressman Tingzon, in turn, disclosed that Kit, his
nephew-in-law (the congressmans wife is the sister of Gen.
Alquezas wife), was hiding in his house and that the legislator
will call Gen. Alqueza in Davao City to discuss the matter.
The Mayor also testified that he closely coordinated with
Major Cao in investigating the case. This included frequent
evening conferences with Malabanan, medialdea and Ama
who were members of Major Caos investigation team.
Subsequently, the Mayor was requested to facilitate the
surrender of Luis and Boy Corcolon to Camp Crame since
the CIS suspected them of being involved in the crime
together with Kit. The Corcolon brothers, accompanied by the
Mayor, peacefully surrendered to CIS operatives in the
afternoon of July 12, 1993.
On August 10, 1993, the Mayor received an anonymous
phone call advising him that he would better leave the
country because he was to be arrested in three (3) days time.
He refused to heed the advice because he had nothing to do
with the crime. And so he was apprehended on August 13,
1993 at his Calauan residence and brought to Camp Vicente
Lim where he was presented to the media. There he saw
Centeno and Malabanan who did not greet him. General
Salimbangon ordered the two (2) witnesses to implicate the
Mayor. The general then ordered that the Mayor be
handcuffed as he is the rapist. You son of a bitch,
Salibangon. You framed me up, the Mayor cursed.
The Mayor denied having given Centeno advice
and P2,000.00 pocket money on June 30, 1993. It was only
in the courtroom that he saw Centeno, although he knows the
latter. The Mayor also denied Malabanans testimony
implicating him in the crime. In fact, Malabanan wrote him
letters asking for his help. The trial court noted, however, that
the letter adverted to by the Mayor were all addressed to
Judge Baldo.
Appellant Medialdea was Calauan policeman until his
summary dismissal on September 10, 1993. He claimed that
he, being a member of a crack team formed by Major Cao
and composed of Malabanan, Luis and Ama, was
preoccupied the whole day of June 28, 1993 conducting
police operations on board an ambulance in different
barangays of the town in search of Tisoy. The fruitless
operations ended at about 9:00 p.m. of June 28. Driving the
ambulance, he got home at around 10:30 p.m. where he saw
his wife playing mahjong with some friends. Medialdea joined
the players for about an hour, then he slept until 5:00 a.m. of
the next day (June 29).
The crack team met again in the morning of June 29, 1993 to
continue the manhunt for Tisoy. At around 7:15 a.m. in
Barangay Imok, they saw Tisoy speed by in a motorcycle.
Medialdea and Luis fired shots in the air but Tisoy managed
to escape. Centeno was not present when this event
transpired because he was instructed to go to the municipal
hall with the ambulance.
Upon hearing news over the radio that a dead body was
found at Sitio Paputok, Km. 74, Barangay Mabacan,
Medialdea radioed Centeno to fetch the group at the fishpond
of one Gani. As soon as Centeno arrived at around 8:00 a.m.,
they proceeded to Km. 74 where they saw Eileens body
inside the van parked in the sugarcane field. Major Cao and
several policemen were already there. Medialdea had to pull
down Eileens T-shirt and roll up her underwear to spare her
from numerous kibitzers staring at her naked body. He
recovered several scattered items inside the van like
cigarette packs, a paddle, spike shoes, and 5 bottles of beer.
The van was then driven by a certain Gener to the UP Los
Baos escorted by the ambulance and Major Caos police car.
Thereafter, at around 9:30 a.m., Medialdea, on Major Caos
directive, went to the Gomez residence and asked for Allan.
The maid told him that Allan has not come home since the
night before and that she last saw him at around 6:30 p.m.
with one Jet Tejada. As there was no other person inside the
house except the maid, Medialdea, with her permission,
searched for Allan inside but to no avail. Before leaving, he
instructed the maid to tell Allan that he better make good his
hiding because Allan is a suspect in the crime. At the Tejada
residence, Jet was neither there. So Medialdea proceeded to
the boarding house of Eileen and instructed the landlady to
inform calmly Eileens parents on what had happened to their
daughter.
Medialdea then returned to the UP Los Baos security force
where he told Major Cao that Allan had escaped. Before
leaving UP campus to bring Eileens body to Calauan, Major
Cao ordered Medialdea to still look for Allan. When his efforts
to find Allan inside the campus proved futile, Medialdea
sought the aid of Barangay Captain Cesar Ruiz who brought
him to the barangay hall where Jet Tejada was. Tejada
strongly objected to Medialdeas insinuation of his and Allans
participation in the crime, saying that they can never do
anything as dastardly as that.
Afterwards, a certain Allan, a barangay tanod, volunteered
that he knew Allan. This Allan opines that if Allan was dead
then Kit had a hand on it since Allan had earned Kits ire when
the former began dating the latters girlfriend named Rose.
Medialdea informed Major Cao that Allan perhaps has gone
to Manila with his father. The Major replied that Allan is here,
but is likewise dead.
Ama then informed Major Cao that they have a suspect
named Kit who had an axe to grind against Allan. Then
someone in the crowd uttered Ako iyon. Kit approached and
told Ama that he and Allan had patched up their differences
three (3) months ago. Medialdea noticed a drop of blood on
the middle of Kits right thigh. Kit explained that the blood
oozed after punching a wall with his right knuckle.
At the municipal hall, Ama handed an empty armalite shell
recovered from the site where Allans body was found.
Thereafter, Arnold (the prisoner who was cleaning the van)
was seen carrying the rubber matting of the Tamaraw van to
hang it over the municipal fence to dry. Ama could not help
but curse Arnold and ordered the latter to bring it back. Ama
explained to Major Cao that they could be dragged to the
case just like what happened to the policeman in the
Paraaque massacre who burned a mosquito net and was
thereafter sacked.
Medialdea also testified that it was Major Cao who ordered
the cleaning of the van to diffuse the stench caused by the
blood stains therein.
Then on July 6, 1993, Medialdea, together with Ama and
Malabanan, went to the PNP Sta. Cruz Command to answer
queries about the cleaning of the van. They were then
brought to Canlubang where they executed their respective
sworn statements. Medialdea also recalled that Major Cao
instructed them not to say anything about the cleaning of the
van. Afterwards, they were brought back to the PNP Sta.
Cruz and detained therein pending the filing of formal
charges against them.
Major Cao visited Medialdea the next day, July 7. The major
advised him that they should just point to Malabanan as the
one who cleaned the van. Medialdea did not heed his advice
for he pitied Malabanan and besides, it was Major Cao who
really ordered its cleaning. The major then reiterated the
reason why he caused its cleaning (the unbearable stench of
blood).
Days later, on July 16, 1993, Medialdea and Ama, together
with Malabanan, were brought to the Department of Justice
where Fiscal Abesamis asked them to sign a waiver of their
detention. On July 24, 1993, the three (3) men were led back
to PNP Canlubang where Colonels Gualberto and Tiangco
began investigating then on July 27, 1993. During the
investigation, Medialdea was being enticed by Col. Gualberto
to cooperate with the government by testifying against the
Mayor, as there is an order from the higher echelon to bring
the Mayor down. He refused, saying that the Mayor is
completely innocent because he is pro-poor and the Mayor
even walks the church aisle on his knees. Col. Gualberto
threatened that he will be dragged all the more to the case if
he will not cooperate. Medialdea begged for mercy and
suggested that they should investigate Kit instead. The
colonel said that messing up with Kit is like ramming into a
wall. Medialdea was then asked to sign a statement that
contained inaccurate answers. The inaccuracies were
supplied by Col. Gualberto.
Medialdea also professed his ignorance before Col. Tiangco.
This colonel was less diplomatic. He splashed coffee on
Medialdeas face, cursed him and whipped his face. So was
Malabanan. The investigators would hit then when they try to
reason. Back to his cell, Medialdea heard Col. Tiangco order
somebody to have him killed in the evening.
On August 13, 1993, one Colonel Versoza advised
Medialdea to follow Malabanan in testifying against the
Mayor. They will be placed under the Witness Protection
Program where they would be entitled to allowances, free
housing facilities and the chance to go abroad with their
families where they can live peacefully, Col. Versoza assured
them. Medialdea refused once again. Malabanan therafter
informed him that he and Centeno had already given false
statements for they can no longer stand the torture inflicted
on them. But Medialdea stood pat with his refusal, for he
cannot testify falsely against his companions just to free
himself. It is still better to live than to die a martyr, Malabanan
answered.
We now to go appellant Luis Corcolons story which painted
the Kit Alqueza angle in greater detail. In the morning of June
25, 1993, three (3) men went to Luis residence in Barangay
Mabacan. They told Luis that their boss, Edgardo Lavadia
alias Uod, wanted to see him the next day. Lavadia is a very
generous friend of Luis for so many years who, as a
professional forger of checks, is being protected by General
Alqueza.
Luis arrived at Lavadias house at around 2:00 p.m. of June
26. There he saw Kit and Lavadias men. Lavadia requested
him to abduct and kill Allan because the latter has done
something wrong to Kit. Luis asked what Allans fault was and
then suggested that if its just a small squabble, they better
forgive Allan. Lavadia insisted, but Luis appeared hesitant
since it might put him in big trouble. Lavadia tempered his
request by asking Luis to merely help in getting rid of the
body. Luis agreed. He and Lavadia were to meet again on
June 28, 1993 in the Bay cockpit. After this, Luis left.
Luis was also a member of the team formed by Major Cao to
hunt down Tisoy. At around 8:30 in the morning of June 28,
1993, he was fetched by Medialdea, Ama, Malabanan and
proceeded to Barangay Imok on board the ambulance driven
by Centeno to apprehend Tisoy. At around 1:00 p.m., Luis left
the group and went to Bay cockpit to meet Lavadia, as
agreed upon the previous day. When he arrived at the
cockpit, only Lavadias men were there. Luis then asked one
of the men to tell Lavadia that he is backing out of the
agreement. He first attended the derby being held at the
cockpit before returning to Barangay Imok at around 5:00
p.m. and re-joined the team. They left Barangay Imok at
around 7:30 p.m. and proceeded to Barangay Wawa, San
Pablo City where they stayed for about two (2) hours waiting
for Tisoy. Sensing that Tisoy would not be passing by, the
team headed back for Calauan. Luis was driven home first
and reached his house at around 9:30 p.m. A certain Ernesto
Bustillo was waiting for him to borrow his passenger jeepney.
Thereafter, Luis slept at around 10:30 p.m.
At around 4:45 a.m. of the next day (June 29) while Luis was
preparing the breakfast of his children, a Tamaraw van,
driven by Kit, stopped in front of his house honking its horn
continuously. Four (4) motorcycle-riding men, each wearing
bonnet masks and maong jackets, escorted the van. Kit
sought his help in burying at once the dead female body
inside the van. Luis inspected the van and saw a naked
corpse of a woman. He refused Kits summons after which
Luis immediately returned to his house, turned off the lights
and closed door for fear that Kits escorts would shoot him.
The convoy then headed towards the direction of Sitio
Paputok, Km. 74.
At about 6:30 a.m., Luis, Centeno, Medialdea and Malabanan
met and continued their surveillance of Tisoy at Barangay
Imok. They saw Tisoy pass by at around 7:10 a.m. but were
not able to apprehend him. The group thereafter went to
Ganis fishpond at about 8:30 a.m. then proceeded to Km. 74
to verify reports of a females death. There they saw the
Tamaraw van with a dead woman inside. Luis recognized the
vehicle as that driven by Kit hours earlier, but he kept silent.
The group then brought the van to the UP Los Baos campus.
In the morning if June 30, 1993, Luis met the Mayor. The
latter instructed him to investigate on who dumped Eileens
body at Km. 74. Luis obliged and said that he will make a
report within a week. He, however, did not tell the Mayor
about Kits involvement in the crime.
On July 7, 1993, CIS agents of Canlubang raided his house
during his absence thereat. The agents, his wife said, planted
a gun inside. The next day, Luis read in the papers that
a P100,000.00 reward has been offered for his and brother
Boys capture. He rushed to the Mayor who advised him to
remain quiet.
In the afternoon of July 12, 1993, Luis went to Boys house
upon being summoned by the Mayor who was with General
Quizon and Colonel Hilario. He and Boy were brought to
Camp Crame for interview. After the interview, the CIS took
their sworn statements. The answers therein, Luis said, were
furnished by the agents. He signed the statement out to fear
without the assistance of a lawyer of his own choice. For
several days, he was investigated by PACC agents. Then on
or July 20, 1993, he and Boy were transferred to CIS
Canlubang and were interrogated by Col. Tiangco who
repeatedly manhandled and cursed him. Luis insisted on his
innocence and suggested that it is Kit who they should
investigate. After the interview, Luis was tortured by way of
water treatment, denied of food and was not allowed to
receive visitors. In the afternoon of June 28, 1993, Luis was
brought before the PACC where he was again manhandled
during the 2-hour interrogation. He answered yes to all the
questions hurled at him because he was already dizzy. He
was also informed that Lavadia had already executed a
statement saying that the latter paid him.
On August 1, 1993 at the PACC-TFH office, General Quizon
was forcing him to testify against the Mayor. He was also
interviewed by media afterwhich, he was brought back to his
cell where he met Lavadia. He cursed and strangled Lavadia.
Luis suggested that they should now tell the truth about Kits
involvement, but Lavadia advised him to remain silent
because reprisal from General Alqueza would be far worse.
Luis was detained at the PACC until the start of the trial. He
also filed a complaint for torture before the Commission on
Human Rights.
Boy Corcolon testified that he never left house on the night
of June 28, 1993. He woke up at around 7:00 a.m. of the next
day and proceeded to the Calauan police station on his
motorcycle upon being informed of the discovery of a dead
female in sitio Paputok, Km. 74. After going to the municipal
building where he saw Ama, Major Cao and Judge Baldo,
Boy followed Major Cao and his men in going to Km. 74.
There he saw the naked body of the dead woman inside the
van. Boy thereafter followed the van to the UP compound.
Moments later, the van was brought to Calauan municipal
hall compound. He did not stay in the municipal hall, but went
straight home instead.
The CIS agents raided his house on July 7, 1993. The next
day, Boy read in the papers that he and his brother Luis were
being haunted down by the authorities and a P100,000.00
bounty is at stake for their capture. He rushed to the house of
the Mayor to inform the latter of the raid. The Mayor advised
him to remain calm and to avoid being visible.
In the afternoon of July 12, 1993, he and Luis were fetched
by General Quizon and Colonel Hilario at Luis residence and
thereafter brought to Camp Crame. At the camp, press
people interviewed them after which they were led to a room
for taking of their respective sworn statements. Boy claimed
that he was forced to give his statement after being kicked,
slapped and cursed by the investigators. He tried to correct
portions of his statement but the investigating officer did not
allow him. Boy and Luis were detained at the camp until
charges have been filed against them, for their refusal to
cooperate with the CIS.
On July 20, 1993, the two (2) brother were brought to an
uninhabited place near a hill in Barangay Paliparan where
they were made to stand in front of the military group
consisting of Generals Quizon and Salimbangon, Colonel
Gualberto and his men. Boy and Luis were each asked to
hold an armalite rifle, and then pictures were taken of them
handing the rifles over to the generals.
The next day (June 21), they were brought to CIS Canlubang
and stayed there until the start of the trial in September,
1993. Boy claimed he was subjected to electric shock and
water treatment to make him confess his guilt.
Ama, also a member of the team involved in the Tisoy
manhunt, related a similar story on the groups sorties in
different barangays on June 28, 1993. After the failed
mission, Centeno dropped him off at his residence in
Barangay Masiit at about 10:00 p.m. of the same day and did
not leave the house until the next morning.
At around 6:15 a.m. of the next day (June 29), he was at
Barangay Balayhangin to wait for Tisoy per Medialdeas
instruction. Minutes later, he saw Tisoy pass by on a
motorcycle and thereafter reported the matter to Medialdea.
Ama learned of Eileens death at around 8:00 a.m. when he
was at the Calauan police station. Centeno thereafter picked
him up and they, together with Medialdea, Malabanan and
Luis proceeded to Sitio Paputok where Eileens body was
found.
From the university compound, he, Medialdea, Malabanan
and a UP student named Butch went to Allans house but the
latter was not there. They also went to Jet Tejadas and
Eileens boarding houses.
At Barangay Batong Malaki, Los Baos, barangay tanod Allan
revealed to Medialdea that the dead Allans enemy was Kit.
Allan was fond of girls and there was a time when Kit got
angry at and threatened Allan when the latter dated Kits
girlfriend Rose, the tanod narrated.
Ama and the rest of the group were able to talk to Jet Tejada
who denied any involvement in the crime. After Major Cao
informed him that Allan is already dead, Ama told the major
about the friction between Allan and Kit. Then someone
tapped Major Caos shoulder and identified himself as Kit who
clarified that he had patched up with Allan about three (3)
months ago. Kit angrily pointed his finger at Ama, then Major
Cao pacified them. Ama asked Kit about the drops of blood
on his right thigh. Kit explained that the blood came from his
right knuckle. He is our suspect Ama blurted. Major Cao,
however, reprimanded him for making such a loud comment.
*(On the cleaning of the van, Amas story is similar to
Medialdeas account heretofore discussed).
Thereafter, Ama, Medialdea and Malabanan found their way
to the Mayors residence in bay. Ama revealed to the Mayor
that Kit is the suspect. The Mayor said that Kit comes from a
very powerful and influential family, and that his father,
General Alqueza, is a tough man. The Mayor nonetheless
assured them of his support.
On July 1, 1993, Ama accompanied some CIS personnel at
the site where Allans body was found. They found drops of
blood, cigarette butts and wrappers in the area. Later in the
afternoon, Ama went to Canlubang as he was asked by
Colonel Roxas to make a written report on the Kit Alqueza
angle. He completed his statement in about five (5) hours.
The officer before whom he was sworn, Ama noticed, was
drunk.
On July 3, 1993, he received word that he was to undergo
counter-insurgency training effective that same day. Two (2)
days after (July 5), he asked a certain Colonel Toco why he
was being required to undergo training again. The colonel
promised to look into the matter. On that same day,
Malabanan informed him that Luis appeared panicky and was
acting suspiciously, as the latter seemed to go back and forth
to the municipal hall and kept asking Malabanan for the
names of people investigating the case. Also on that day,
Ama gave the NBI Regional Director some information about
Kit and Luis which started the NBI investigation.
On July 6, 1993, Ama, together with Medialdea and
Malabanan, executed his statement in CIS Canlubang
assisted by one Atty. Exconde who asked him to sign the
same even before Ama can read it. At PHQ Sta. Cruz, the
Deputy Provincial Commander for Operations fumed when he
declared in his statement that he was absent during the
cleaning of the van. He declared so because Major Cao
instructed him to keep silent on that matter. Subsequently
(July 7), he learned of Malabanans escape.
On July 24, 1993, Ama, Malabanan and Medialdea were
brought to CIS Canlubang. They ate drugged food which
gave him chest pain and made him very weak and talkative.
He saw Medialdea being whipped on the head with a
newspaper by one official.
Five days later (July 29), they were brought to the PACC
where Luis pointed to them before the media. The next day
(July 30), he and General Alqueza met at the Department of
Justice. The general cursed him for dragging Kit in the case
and even challenged him to a fistfight outside the building.
On August 7, 1993, at General Salimbangons office, the
general informed him that his summary dismissal is on hand
unless he testifies against the Mayor. When he refused, the
general cursed him. Colonel Gualberto also tried to convince
him by offering promotion, house and lot, monthly allowance,
or a chance to leave the country with his family. But Ama
insisted on his innocence.
On August 13, 1993, a sobbing Malabanan embraced Ama
and asked for his forgiveness because the former has
already implicated him falsely in the crime. Malabanan said
he could no longer bear the torture being inflicted on him and
the threats on his life and family. He was also advised by
Malabanan to follow suit, but he refused once again.
Brion is the Mayors nephew. He denied being in the
company of any of the appellants on the evening of June 28,
1993 as he stayed at their house on J. del Valle St., Calauan
the whole night. In the morning of July 29, 1993, he was
arrested at his father-in-laws house without any warrant. The
arresting officer told him that Colonel Navarro (PNP Director
of Laguna) wanted to interview him. Brion was brought to the
Calamba police station from where he was taken to
Canlubang. There, Col. Navarro cursed him for being so
elusive. Brion answered that he never went into hiding. Col.
Navarro informed him that Luis Corcolon has revealed that he
was the third man to rape Eileen. Brion then heard
Malabanan shouting that he is taking all the blame for the
crime if they would just spare the two students (Brion and
Kawit) who are totally innocent.
Brion, together with Malabanan, Ama and Luis, was brought
to the office of the then Vice-President Estrada who asked
Ama and Malabanan whether they raped Eileen. Ama belied
the accusation. Malabanan, too, professed innocence and
said that in the nine (9) years he stayed in Mindanao, it is his
first time to cry this way. This convinced the vice-president of
Malabanans innocence. Kawit also cried at this point. Brion
saw Luis being held up by two men towards the room as Luis
appeared to be on the brink of collapse. One of the escorts
then raised Luis hand so as to point at Brion.
On July 30, 1993, Brion, Ama, Malabanan, Kawit, Luis and
Boy were brought to the Department of Justice where Fiscal
Zuo asked them to sign some papers. Luis was instructed to
re-affirm his sworn statement before the PACC while Brion
and Kawit were asked to sign a waiver of detention. The
three (3), however, refused. Fiscal Zuo offered them a lawyer
from the Public Assistance Office (PAO) to assist them but
Brion rejected the offer.
On August 6, 1993, General Quizon asked Brion to sign a
confession but he refused. When a second statement was
prepared, he cried because he was allowed to read only that
portion relating to his personal circumstances before being
forced to sign it without the assistance of a lawyer.
Thereafter, he was brought back to PHQ Sta. Cruz at around
5:00 p.m.
Brion related having executed a sworn statement detailing
the methods of torture he underwent to force him into
implicating the Mayor, Ama, Medialdea and Malabanan, viz:
1) he would be placed in a doghouse-like cell fitted with
loudspeakers;
2) his hands would be tied behind his back and he
would be tied to a bench. A towel would be placed over his
mouth and nostrils, then 7-up is poured on his face;
3) his body would be whipped with guns.
No medical examination was ever conducted on him. More,
his captors would padlock his cell whenever Atty. Arias paid
him a visit.
Kawit was a houseboy of the Mayor in his Calauan
residence. He claimed he slept at around 9:00 p.m. of June
28, 1993 and woke up at 6:00 a.m. the following day to water
the plants.
On July 16, 1993, he was interrogated in connection with the
deaths of Eileen and Allan. Later in the day, Medialdea and
some policemen fetched him at his house in Barangay
Bagong Pook and brought him to PHQ Sta. Cruz. Kawit was
led into a room where Medialdea, in the presence of Centeno
and Malabanan, asked him the name of the girl who was
reportedly shouting while Kawit was dragging her at
CPAMMS. Kawit answered that there were two (2) bar girls,
whose names are Carla and Ninja Joyce, who were shouting
at Barangay Bagong Pook. Ama then entered the room and
requested Malabanan and Medialdea not to hurt Kawit. When
Malabanan and Medialdea left the room, Kawit explained to
Ama that the two (2) bar girls complained of one Melvin
Pajadan not paying them for their services.
Thereafter, Kawit was asked by one Major Uyami to make a
statement. After signing the statement, Kawit was told by
investigator Cansanay that the major wanted him to include in
his statement the Mayors involvement in the Gomez-
Sarmenta slaying, but Kawit refused. He was thus detained
for the night. A policeman in civilian clothes thereafter asked
him to sign a paper bearing his name and the handwritten
words: Pauuwiin ka na bukas ng umaga. Kawit signed the
paper, but he was not released the next day.
Before this Court, Mayor Sanchez and Medialdea filed their
consolidated Appellants Brief, and so did Ama, Brion and
Kawit. Brothers Luis and Boy Corcolon, on the other hand,
filed separate appeal briefs. Briefly, the pith of the assigned
errors and the focus of the appellants arguments is the issue
of witnesses Centeno and Malabanans credibility, whose
open-court narrations served as principal basis for the trial
courts rendition of a guilty verdict.
So oftenly repeated by this Court is that the matter of
assigning values to declarations on the witness stand is best
and most competently performed by the trial judge4 who had
the unmatched opportunity to observe the witnesses and to
assess their credibility by the various indiciaavailable but not
reflected in the record. The demeanor of the person on the
stand can draw the line between fact and fancy. The
forthright answer or the hesitant pause, the quivering voice or
the angry tone, the flustered look or the sincere gaze, the
modest blush or the guilty blanch these can reveal if the
witness is telling the truth or lying in his
teeth.5cräläwvirtualibräry
Judge Demetriou who presided over the entire trial until its
very conclusion expressed her satisfaction with the way
witnesses Centeno and Malabanan survived the hot seat with
flying colors, so to speak. With respect to Centeno, the
honorable Judge had this to say:
In thus passing upon the credibility of Centeno, this Court
kept his alleged dubious reputation for veracity in mind. But,
after carefully reviewing the testimony of Centeno in his direct
examination and gruelling (sic) cross-examination for almost
3 months, this Court, even with a jaundiced eye, could not
help but be impressed about the myriad of details in his
testimony and his frank, spontaneous and straightforward
manner of testifying. The lengthy and punishing cross-
examination by seven lawyers to which he was subjected
failed to bring out any serious flaw or infirmity in his
perception or recollection of events or destroy the coherence
of his narration. That Centeno merely wove such a yarn from
his fertile imagination, conflict with a multitude of details, is
highly improbable considering that his highest educational
attainment was sixth grade in the elementary school.6
Similarly, Malabanan displayed a frank, straightforward
manner of answering questions and a desire to state all the
facts within his knowledge, and his credibility was never
shaken on cross-examination; there was no indication of
prevarication or evasiveness. Consequently, (his) testimony
is entitled to full faith and credit, the honorable Judge
observed.7 Her impressions of these star witnesses for the
State bind this Court, for we accord great respect if not
finality, to the findings of the trial court on the credibility of
witnesses.8 They, therefore, ought not to be disturbed.9 And
once the prosecution witnesses are afforded full faith and
credit, the defenses version necessarily stands
discredited.10cräläwvirtualibräry
To recall, all the appellants relied on the defense of
denial/alibi, i.e., they were at their respective homes on the
night of the rape-slay. But Centeno and Malabanan confirmed
the presence of all the appellants on the night of June 28,
1993 till the early morning of the following day and detailed
the exact participation of each in the crime. Positive
identification by credible witnesses of the accused as the
perpetrators of the crime, as we have consistently held,
demolishes the alibi11 - the much abused sanctuary of
felons.12 Moreover, except for the Mayor who presented Ave
Marie Tonee Jimenez Sanchez (his daughter with his
mistress Elvira) and Medialdea who presented his neighbor
Anastacia Gulay, the other appellants failed to present
corroborating testimonial evidence to butress their respective
alibis. The defense of alibi is inherently weak especially when
wanting in material corroboration. Categorical declarations of
witnesses for the prosecution of the details of the crime are
more credible than the uncorroborated alibi interposed by the
accused.13 Ave Maries testimony is of no help to the Mayor,
since alibi becomes less plausible as a defense when it is
invoked and sought to be crafted mainly by the accused
himself and his immediate relatives.14 Anastacia Gulays
testimony is likewise worthless since the trial court found her
testimony rehearsed. We will not disturb this finding because
it touches on credibility.
In fine, the defense of alibi is an issue of fact that hinges on
the credibility of witnesses, and the assessment of the trial
court, unless patently and clearly inconsistent, must be
accepted.15cräläwvirtualibräry
In an attempt to discredit Centeno, appellants principally harp
on the contradictions in four (4) Sworn Statements executed
by Centeno on August 13, 1993, August 15, 1993, August 17,
1993 and August 30, 1993. The Solicitor Generals Office
summarizes appellants asseverations on this point, viz:
Appellants point out that while in his Sworn Statement dated
August 13, 1993, Centeno stated that after the victims were
seized, they were brought to CPAMMS, in his Sworn
Statement dated August 15, 1993, he claimed that the two
were brought to Erais Farm (p. 86-96, Sanchez and
Medialdea; p. 11-12, Luis Corcolon; p. 38, Ama, Brion and
Kawit; p. 10, Rogelio Corcolon). Appellant also point out that
in the August 13, 1993 Sworn Statement, Centeno merely
referred to a person named Edwin (without stating his family
name) and another person he did not know who was in the
place where the victims were brought. In his Sworn
Statement dated August 17, 1993, Centeno supplied the
family name of Edwin as Cosico and the name of the other
person whom he did not know as Lito Angeles (pp. 96-97,
Sanchez and Medialdea).
Another major contradiction pointed out is that in his August
13, 1993 Sworn Statement, Centeno mentioned that he drove
the Corcolon brothers to the house of Edgardo Uod Lavadia
in Bangkal Street, Los Baos, Laguna. Upon arriving at the
house of Lavadia, Centeno saw Lavadia and Teofilo Kit
Alqueza talking. Later Lavadia handed an envelop to Luis
Corcolon. In the latest Sworn Statement dated August 30,
1993, Centeno stated that they did not go to the house of
Lavadia and that during the whole day of June 26, 1993,
Centeno was with Malabanan (pp. 99-102, Sanchez and
Medialdea; pp. 37-40, Ama, Brion and Kawit; p. 8, Rogelio
Corcolon).16
The trial judge found Centenos explanation on these
inconsistencies satisfactory, justifying such finding with
pertinent jurisprudence. The Court, therefore, affirms and
adopts her disquisition on the matter, viz:
With respect to the portion of his sworn statement dated
August 13, 1993 which implicated Kit Alqueza, Centeno
explained that it was dictated by a CIS agent named
Rommel. He feared Rommel because the latter threatened
him that he would be hurt if he did not cooperate. Even when
his family was already under the custody of the CIS on
August 15, 1993, he did not ask for the deletion of the said
portion because he was still under the CIS custody. It was
only on August 30, 1993 when he was placed under the
Witness Protection Program that he found the courage to
execute another sworn statement for the specific purpose of
deleting the reference to Kit Alqueza. Although he was placed
under the Witness Protection Program on August 17, 1993,
there was a delay in his retraction of Kit Alquezas
involvement due to his inability to reach Fiscal Arellano.
Centenos explanation is quite believable because he had
already implicated the accused Sanchez in his sworn
statement of August 13, 1993. Thus, the portion implicating
Kit Alqueza does not jibe with the main story of Centeno that
Eileen Sarmenta was abducted by Medialdea, Ama, the
Corcolon brothers, Brion and Kawit to be given as a gift to
their boss, Mayor Sanchez.
As to his sworn statement of August 15, 1993 where he
stated that the victims were taken to Erais Farm instead of
CPAMMS as originally indicated in his August 13, 1993
sworn statement, Centeno explained that when he gave his
first statement he was still hoping that Mayor Sanchez would
help him. Furthermore, he feared the power and influence of
the Mayor. Thus, according to him, he gave the wrong place
to mislead his investigators. It was only on August 15, 1993
when the accused Sanchez was already in prison that
Centeno decided to correct his previous statements.
This Court is inclined to accept the explanation of Centeno
that his earlier attempt to mislead the investigators by saying
that the victims were taken to CPAMMS was out of fear of the
Mayor. Our Supreme Court has recognized that the inherent
fear of reprisal by witnesses who refuse initially to disclose
what they know about a crime is quite understandable,
especially when the accused is a man of power and influence
in the community (People v. Catao, 107 Phil. 861 [1960]).
In a recent case, People v. Pascua (206 SCRA 628 [1992]),
the Supreme Court observed that Fear for ones life explains
the failure on the part of a witness to immediately notify the
authorities of what exactly transpired. And, [o]nce such fear is
overcome by a more compelling need to narrate the truth, the
Supreme Court went on to say, then the witness must be
welcomed by the courts to help dispense justice.
Consequently, this Court will not reject the testimony of
Centeno on the basis of inconsistencies in his sworn
statements taken by police authorities which have been
sufficiently explained. What is more important is that Centeno
testified on the witness stand in a categorical, straightforward,
spontaneous and frank manner and remained consistent on
cross-examination. This Court, therefore, finds Centeno a
credible witness.17
To further fortify this observation, we advert to that all-too
familiar rule that discrepancies between sworn statements
and testimonies made at the witness stand do not necessarily
discredit the witnesses.18 Sworn statements/affidavits are
generally subordinated in importance to open court
declarations because the former are often executed when an
affiants mental faculties are not in such a state as to afford
him a fair opportunity of narrating in full the incident which
has transpired.19Testimonies given during trials are mush
more exact and elaborate.20Thus, testimonial evidence
carries more weight than sworn statements/affidavits.
Appellants would also quibble on the following portions of
Centenos testimony, to wit:
1) he could not give exactly where the appellants went
after sexually abusing Eileen;]
2) he was unsure whether it was Eileens left or right foot
that hit the chair of the van when she was struggling;
3) he was unsure of their speed while on their way to
the UP compound;
4) he could not give the exact distance between the
ambulance he was driving and the van;
5) he said he could see the protruding end of the roof of
a kubo when he parked the ambulance in front of the Big J
restaurant. Appellants claim that from where Centeno was
allegedly standing, there was no way he could see the roof of
that kubo;
6) he was able to recall what appellants were wearing
on that night of June 28, 1993;
7) he saw Kawit hit Allan at his diaphragm with the butt
of an armalite, but the medico-legal finding of Dr. Escueta
revealed no injury in the abdominal region of Allan;
8) his testimony that the appellants raped Eileen inside
the van which was very limited space, while appellants could
have chosen a far more comfortable or remote place to do
the crime. With respect to the Mayor, it was very unbelievable
for him to commit rape inside his room filled with religious
adornments and in the process risk his reputation as mayor
and an established man in the community;
9) his testimony to the effect that appellants rolled their
pants down to their knees and then climbed the van to rape
Eileen. Appellants would consider such testimony impossible,
claiming that the narrow circumference of the waistline will
impede and obstruct the upward movement of the legs.
10) his admission that he can lie for money, or out fear.
It may be conceded that these inconsistencies marred
Centenos testimony, but they refer to trivial details which do
not, in actuality, touch upon the whys and wherefores of the
crime committed.21 Equally settled is the rule that
inconsistencies in the testimony of witnesses when referring
only to minor details and collateral matters do not affect either
the substance of their declaration, their veracity, or the weight
of their testimony. Although there may be inconsistencies on
minor details, the same do not impair the credibility of the
witnesses where there is consistency in relating the principal
occurrence and positive identification of the assailants,22 as in
this case. Slight contradictions in fact even serve to
strengthen the sincerity of a witness and prove that his
testimony is not rehearsed.23 They are fail-safes against
memorized perjury.24Besides, errorless testimonies cannot be
expected especially when a witness is recounting details of a
harrowing experience.25 Even the most truthful witnesses can
make mistakes but such innocent lapses do not necessarily
affect their credibility.26 Consequently, Centenos and
Malabanans credibility still remains intact notwithstanding
these inconsistencies.
Other pieces of evidence further enhance the damaging
testimonies of Centeno and Malabanan. For one, a missing
belt loop from the pair of white shorts worn by Eileen on the
night of the crime was recovered from Erais Farm by
prosecution witness Major Lulita Chambers who, together
with Col. Gualberto and other officers, went there on August
19, 1993 to effect service of the search warrant issued by
RTC Judge Geraldez. Major Chambers, a forensic chemist,
conducted a series of laboratory examinations and later
concluded that the retrieved beltloop matched in color, size
and fiber composition with a beltloop she detached from the
white shorts of Eileen which she (Major Chambers) used as a
standard.
Another corroborating evidence is the M16 empty bullet shell
recovered at the site where Allans body was found. The
ballistic examination on the empty shell conducted by FID-
PNP Chief Ballistician Vicente de Vera revealed that the
striations of the empty shell were the same as those
registered by the cartridges from M16 rifle bearing Serial No.
773159 surrendered by Luis Corcolon. Mr. De Vera also
found the metallic fragments recovered from Eileens body,
after conducting microscopic examinations thereof, to bear
the same characteristics as those from a bullet fired from an
M16 rifle.
The autopsy and vaginal examination conducted by
prosecution witness Dr. Vladimir V. Villaseor, medico-legal
officer of the PNP-CIS, on Eileens cadaver buttresses all the
more the gang-rape story of the prosecution. Dr. Villaseors
findings, in a nutshell, disclosed the presence of multiple
contusions on Eileens body, fresh shallow lacerations on her
hymen, a congested cervix, a gaping labia majora and oozing
whitish fluid (tested positive for spermatozoa) from the
vaginal opening. Oozing spermatozoa, Dr. Villaseor
explained, means that the amount of semen was much more
than the vaginal canal could contain and that there were
several seminal ejaculations that occurred therein. He also
noted that a great quantity of whitish fluid continued to ooze
from Eileens vaginal opening despite her death for several
hours. Taking into account all these findings, Dr. Villaseor
ruled out the possibility of any consented sexual intercourse.
In this connection, appellants would belittle Dr. Villaseors
findings by insisting as the more convincing opinion the
defenses medical expert witness, Dr. Ernesto Brion who
testified to the effect that there can be no multiple rape if
there is only one laceration on Eileens hymen as testified to
by Dr. Villaseor. We dismiss appellants argument by
reiterating anew that the absence of extensive abrasions or
contusions on the vaginal wall does not rule out rape
because the slightest penetrations enough.27 It is not an
indispensable element for the successful prosecution of said
crime.28 Moreover, Dr. Brion is an uncle by consanguinity and
erstwhile counsel of record of the Mayor, thus making his
objectivity highly questionable.
Appellants Ama, Kawit and Brion would assail the trial courts
finding that they were part of the conspiracy to commit the
rape-slay. Their concurrency of sentiment with the other
appellants, however, was evident from the time they
abducted Eileen and Allan, brought the two to Erais Farm
where Eileen was raped by the Mayor and Allan beaten up
black and blue, headed for a sugarcane field killing Allan
along the way, sexually abused Eileen in rapid succession
and finally killed her. In not an instance did any of the three
appellants (Ama, Kawit and Brion) desist from that common
design.29 Likewise, the complicity of the Mayor in the crime
can be deduced from the following conversations he had with
some of the appellants at the Erais Farm (per Centenos
testimony),  viz.:
LUIS CORCOLON: Mayor, ito po yung regalo namin sa
inyo. Ito po yung babae na
matagal na po ninyong
kursunada.
MAYOR: Aba, and ganda talaga ng babaeng yan. Pero
sino yung kasama
ninyong lalake?
MEDIALDEA: Boss, kasama ho yan ng babae yung
lalake. Isinama na rin ho
namin para wala pong
bulilyaso.
After raping Eileen, the Mayor had this short exchange with
Medialdea:
MAYOR: O sige mga anak, salamat sa regalo ninyo.
Salamat sa regalo ninyo
sa akin. Tapos na ako,
sa inyo na iyan. Bahala
na kayo diyan. Ano
naman ang gagawin
ninyo diyan sa lalake?
MEDIALDEA: Boss, papatayin na rin po namin ito para
wala pong bulilyaso.
Finally, on appellants claim that the publicity given to this
case impaired their right to a fair trial, we need only to revisit
this Courts pronouncements in People v. Teehankee,
Jr. (249 SCRA 54), viz:
We cannot sustain appellants claim that he was denied the
right to impartial trial due to prejudicial publicity. It is true that
the print and broadcast media gave the case at bar pervasive
publicity, just like all high profile and high stake criminal trials.
Then and now, we rule that the right of an accused to a fair
trial is not incompatible to a free press. To be sure,
responsible reporting enhances an accuseds right to a fair
trial for, as well pointed out, a responsible press has always
been regarded as the handmaiden of effective judicial
administration, especially in the criminal field x x x. The press
does not simply publish information about trials but guards
against the miscarriage of justice by subjecting the police,
prosecutors, and judicial processes to extensive public
scrutiny and criticism.
Pervasive publicity is not per se prejudicial to the right of an
accused to fair trial. The mere fact that the trial of appellant
was given a day-to-day, gavel-to-gavel coverages does not
by itself prove that the publicity so permeated the mind of the
trial judge and impaired his impartiality. For one, it is
impossible to seal the minds of members of the bench from
pre-trial and other off-court publicity of sensational criminal
cases. The state of the art of our communication system
brings news as they happen straight to out breakfast tables
and right to our bedrooms. These news form part of our
everyday menu of the facts and fictions of life. For another,
our idea of a fair and impartial judge is not that of a hermit
who is out of touch with the world. We have not installed the
jury system whose members are overly protected from
publicity lest they lose their impartiality. Criticisms against the
jury system are mounting and Mark Twains wit and wisdom
put them all in better perspective when he observed: When a
gentleman of high social standing, intelligence, and probity
swears that testimony given under the same oath will
outweigh with him, street talk and newspaper reports based
upon mere hearsay, he is worth a hundred jurymen who will
swear to their own ignorance and stupidity x x x. Why could
not the jury law be so altered as to give men of brains and
honesty an equal chance with fools and miscreants? Our
judges are learned in the law and trained to disregard off-
court evidence and on-camera performances of parties to a
litigation. Their mere exposure to publications and publicity
stunts does not per se fatally infect their impartiality.
At best, appellant can only conjure possibility or prejudice on
the part of the trial judge due to the barrage of publicity that
characterized the investigation and trial of the case.
In Martelino, et al. v. Alejsndro, et al., we rejected this
standard of possibility of prejudice and adopted the test of
actual prejudice as we ruled that to warrant a finding of
prejudicial publicity, there must be allegation and proof that
the judges have been unduly influenced, not simply that they
might be, by the barrage of publicity. In the case at bar, the
records do not show that the trial judge developed actual bias
against appellant as a consequence of the extensive media
coverage of the pre-trial and trial of his case. The totality of
circumstances of the case does not prove that the trial judge
acquired a fixed opinion as a result of prejudicial publicity
which is incapable of change even by evidence presented
during the trial. Appellant has the burden to prove this actual
bias and he has not discharged the burden.
And so we come to hear another tale of woe, of an infamous
public figure and his minions indicted for having raped and
killed a young lady and a budding lad, of these victims who
had led short obscure lives that earned an equally
ignominous end, and of a criminal enterprise so despicable
only the unthinking beasts can orchestrate. It was, indeed, a
plot seemingly hatched in hell. And let it not be said that the
full protection of the law had been deprived appellants. Even
a beast cannot deny this.

WHEREFORE, the assailed decision is hereby AFFIRMED in

all respects. In addition, each of the appellants having been
found guilty of seven (7) counts of rape with homicide and
considering that existing jurisprudence pegs the amount of
indemnity for the death of the victim at Fifty Thousand
(P50,000.00) Pesos, this Court hereby orders each of the
appellants to pay the respective heirs of Eileen Sarmenta and
Allan Gomez the amount of Seven Hundred Thousand
(P700,000.00) Pesos as additional indemnity.

SO ORDERED.

Davide, Jr., C.J., (Chairman), Melo, Kapunan, and

Pardo, JJ., concur.