G.R. Nos.

138874-75 July 21, 2005

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.
FRANCISCO JUAN LARRAÑAGA alias "PACO"; JOSMAN AZNAR; ROWEN ADLAWAN alias
"WESLEY"; ALBERTO CAÑO alias "ALLAN PAHAK"; ARIEL BALANSAG, DAVIDSON
VALIENTE RUSIA alias "TISOY TAGALOG"; JAMES ANTHONY UY alias "WANGWANG"; and
JAMES ANDREW UY alias "MM", Accused-Appellants.

Facts:

RTC of Cebu found appellants FRANCISCO JUAN LARRAÑAGA alias ‘PACO;’ JOSMAN AZNAR;
ROWEN ADLAWAN alias ‘WESLEY;’ ALBERTO CAÑO alias ‘ALLAN PAHAK;’ ARIEL
BALANSAG; and JAMES ANDREW UY alias ‘MM,’ are found guilty beyond reasonable doubt of the
special complex crime of kidnapping and serious illegal detention with homicide and rape and are
sentenced to suffer the penalty of DEATH by lethal injection.

The records were forwarded to the OP for the possible exercise of Her Excellency’s pardoning
power.

The following is a précis of the issues submitted by appellants in their motions:

This Court erred –

first, in according credence to Rusia’s testimony;

second, in rejecting appellants’ alibi;

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.

Issue: W/n Rusia’s testimony must be given credence.

Ruling:

The SC reiterated their pronouncement in our Decision that what makes Rusia’s 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
Marijoy’s ravished body in a deep ravine at Tan-awan, Carcar with tape on her mouth and
handcuffs on her wrists certainly bolstered Rusia’s 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 furnish.
Reinforcing his testimony is its corroboration by several other witnesses who saw incidents of what
he narrated. Rolando Dacillo and Mario Minoza witnessed Jacqueline’s 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 Nene’s
Store while the white van, driven by Caño, 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 Larrañaga and Josman at Tan-awan, Carcar at dawn of
July 17, 1997. All these bits and pieces of story form part of Rusia’s narration. Now, with such strong
anchorage on the physical evidence and the testimonies of disinterested witnesses, why should we
not accord credence to Rusia’s testimony? Even assuming that his testimony standing alone might
indeed be unworthy of belief in view of his character, it is not so when considered with the other
evidence presented by the prosecution.

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 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 Rusia’s narration that Rowen
and Ariel pushed Marijoy into the deep ravine, following Josman’s instruction "to get rid" of her.