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138874-75
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EN BANC
RESOLUTION
PER CURIAM:
At bar are four (4) motions for reconsideration separately filed by appellants (1)
Francisco Juan Larrañaga, (2) Josman Aznar, (3) Rowen Adlawan, Alberto Caño
and Ariel Balansag, and (4) James Anthony Uy and James Andrew Uy, assailing
our Decision dated February 3, 2004 convicting them of the crimes of (a) special
complex crime of kidnapping and serious illegal detention and (b) simple
kidnapping and serious illegal detention, the dispositive portion of which reads:
"WHEREFORE, the Decision of the Regional Trial Court, Branch 7, Cebu City in
Criminal Cases Nos. CBU-45303 and 45304 is AFFIRMED with the following
MODIFICATIONS:
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(3) In Criminal Case No. CBU-45303, appellant JAMES ANTHONY UY, who was
a minor at the time the crime was committed, is likewise found guilty beyond
reasonable doubt of the special complex crime of kidnapping and serious illegal
detention with homicide and rape and is hereby sentenced to suffer the penalty
of RECLUSION PERPETUA; in Criminal Case No. CBU-45304, he is declared
guilty of simple kidnapping and serious illegal detention and is sentenced to
suffer the penalty of TWELVE (12) years of prision mayor in its maximum period,
as MINIMUM, to seventeen (17) years of reclusion temporal in its medium period,
as MAXIMUM;
(4) Appellants are ordered to pay jointly and severally the heirs of Marijoy and
Jacqueline, in each case, the amounts of (a) ₱100,000.00 as civil indemnity, (b)
₱25,000.00 as temperate damages, (c) ₱150,000.00 as moral damages, and (d)
₱100,000.00 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."
A. LARRAÑAGA
"I
II
III
IV
THE CORPSE FOUND IN THE RAVINE WAS NOT THAT OF MARIJOY; AND
VI
B. AZNAR
"I
THE HONORABLE COURT ERRED IN FINDING THAT THE TRIAL COURT DID
NOT VIOLATE THE RIGHTS OF THE ACCUSED TO DUE PROCESS OF LAW.
II
III
IV
"I
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II
III
IV
"I
II
In his supplemental motion for reconsideration dated March 25, 2004, Larrañaga
submitted a separate study of Dr. Racquel Del Rosario-Fortun, Forensic
Pathologist, to show that the examination conducted by the prosecution expert
witnesses on the body found in Tan-awan, Carcar is inadequate.
On July 15, 2004, the Solicitor General filed a consolidated comment6 praying
that the four (4) motions for reconsideration be denied with finality, there being no
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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 Aznar’s reply "actually supports the
undersigned counsel’s (Solicitor General’s) position that Atty. Villarin’s Affidavit is
utterly inadequate to prove his innocence or at least even acquit them on
reasonable doubt," thus, "it would be useless to call for new trial on the basis of
such Affidavit." On March 29, 2005, Aznar filed a sur-rejoinder insisting that the
Affidavit should be given due consideration.
Except for the motion filed by appellants Uy brothers with respect to James
Andrew’s alleged minority, we find all the motions bereft of merit.
However, in view of the severity of the penalties for the crimes charged, we deem
it necessary to stress once more our basis in convicting appellants.
third, in holding that the trial court did not violate their right to due process when it
excluded the testimony of other defense witnesses; and
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
records for review.9
II
Appellants likewise claimed that we should have not sustained the trial court’s
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
testified on affirmative matters.11 Being evidence that is negative in nature and
self-serving, it cannot attain more credibility than the testimonies of prosecution
witnesses who testify on clear and positive evidence.12 On top of its inherent
weakness, alibi becomes less plausible as a defense when it is corroborated only
by relatives or close friends of the accused.13
Besides, a thorough examination of the evidence for the prosecution shows that
the appellants failed to meet the requirements of alibi, i.e., the requirements of
time and place.14 They failed to establish by clear and convincing evidence that it
was physically impossible for them to be at the Ayala Center, Cebu City when the
Chiong sisters were abducted. What is clear from the evidence is that Rowen,
Josman, Ariel, Alberto, James Anthony and James Andrew were all within the
vicinity of Cebu City on July 16, 1997.
Not even Larrañaga 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, Larrañaga’s presence in Cebu City on July 16, 1997 was
proved to be not only a possibility but a reality. Four (4) witnesses identified
Larrañaga 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 Larrañaga approach Marijoy and Jacqueline at the
West Entry of Ayala Center. The incident reminded her of Jacqueline’s prior
story that he was Marijoy’s admirer. Shiela confirmed that she knows Larrañaga
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 o’clock, she saw
Marijoy and Jacqueline talking to two (2) men at the West Entry of Ayala
Center. She recognized the two (2) men as Larrañaga 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
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saw Larrañaga 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 Larrañaga as one of the participes criminis.
Taking the individual testimonies of the above witnesses in relation with that of
Rusia, we are convinced that Larrañaga was indeed in Cebu City at the time of
the commission of the crimes and was one of the principal perpetrators thereof.
At this juncture, it bears mentioning that this case is not the first time that
Larrañaga was charged with or complained of pruriently assaulting young female
students in Cebu. Months before the abduction of Marijoy and Jackie, the parents
of a certain Rochelle Virtucio, complained about Larrañaga’s attempt to snatch
their young daughter and drag her in a black, stylish Honda Civic. It happened
just near the gate of Rochelle’s school, thus, showing his impudence. We quote a
portion of the transcript of stenographic notes dated September 23, 1998, thus:
"ATTY. HERMOSISIMA:
We the parents and guardians of Rochelle Virtucio, a first year high school
student of your University of San Carlos-Girls High School, are writing your
good office about an untoward incident involving our daughter and another
student of your school.
xxxxxx
That last Monday at around 5:00 PM, Rochelle and other classmates,
Michelle Amadar and Keizaneth Mondejar, while on their way to get a ride
home near the school campus, a black Honda Civic with five young male
teenagers including the driver, suddenly stopped beside them, and
simultaneously one of them, which was later identified as FRANCISCO
JUAN LARRANAGA, a BSHRM I student of your school, grabbed Rochelle
by her hand to try to get Rochelle to their vehicle. She resisted and got
away from him. Sensing some people were watching what they were doing,
they hurriedly sped away.
We are very concerned about Rochelle’s safety. Still now, she is suffering
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the shock and tension that she is not supposed to experience in her young
life. It is very hard for us parents to think about what she’d been through."16
The presence of such complaint in the record of this case certainly does not
enhance Larrañaga’s chance of securing an acquittal.
III
Larrañaga and Aznar bewail our refusal to overturn the trial court’s 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. Villarin’s 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
conclusions. What clearly appears in said Affidavit is a man trying to impress
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
immateriality in his intended testimony. Indeed, we agree with the Solicitor
General’s observation that such Affidavit "is neither helpful nor encouraging to
Aznar’s cause." We quote his keen reflection on the matter:
"xxxxxx
Sixth. Atty. Villarin admitted in paragraph 36 of his affidavit that: ‘x x x I did not
take this against [Supt. Labra] for preempting our next move to get Juzman
Aznar as we were already placing him under surveillance because I knew
[Supt. Labra] did it in his honest desire to help solve the crime x x x.’
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Clearly, this statement is not an indictment of the investigation that the police
undertook in the subject crimes.
Eighth. Atty. Villarin’s inability to testify in the criminal cases was not due solely
to the prosecution’s action. Whether he ought to testify or not was an argument
openly discussed in court. Hence, for the resulting inability, Atty. Villarin has no
one to blame but the defense lawyers who did everything to make a mockery of
the criminal proceedings.
And lastly, there is nothing in Atty. Villarin’s affidavit of the quality of a "smoking
gun" that would acquit accused-appellants of the crimes they have been
convicted. For he did not finish the police investigation of the subject crimes; this
is the long and short of his miniscule role in the instant case. Indeed, judging by
the substance of his affidavit, he would not be testifying in case a new trial
is held on anything that has not been said and rejected heretofore, except
his own unsubstantiated opinions (i.e. not facts as required by evidentiary
rules), his self-congratulatory remarks, and his unmitigated frustration over
failing to get a promotion when almost everyone else did."17
Neither can we entertain at this late stage Dr. Fortun’s separate study to show
that the examination conducted on the body found in Tan-awan, Carcar is
inadequate. Such study cannot be classified as newly-discovered evidence
warranting belated reception. Obviously, Larrañaga could have produced it
during trial had he wished to.
IV
Knowing that the prosecution’s 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 Marijoy22 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
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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 Rusia’s
narration that Rowen and Ariel pushed Marijoy into the deep ravine, following
Josman’s 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 Andrew’s
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
seventeen (17) years old.24
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 reduced, as in
the case of his brother James Anthony.
The entry of James Andrew’s birth in the Birth Certificate is not legible, thus it is
extremely difficult for us to determine the veracity of his claim. However,
considering that minority is a significant factor in the imposition of penalty, we 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 Andrew’s Birth Certificate, and thereafter, (b) to file an
extensive comment on the motion for reconsideration filed by James Andrew
and James Anthony Uy, solely on James Andrews’ claim of minority.
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Office, a clear and legible copy of James Andrew’s 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
Andrews’ claim of minority. The motion is likewise DENIED insofar as James
Anthony Uy is concerned.
SO ORDERED.
Chief Justice
CERTIFICATION
Chief Justice
Footnotes
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.
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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.
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