Professional Documents
Culture Documents
circumstances. 1986 with the Regional Trial Court (RTC) of Cebu, the
Same; Same; Same; Same; No uniformity as to the interval of accusatory portion of which reads:
time that should separate the occurrence of the startling event from "That on or about the 22nd day of December, 1986, at about 5:30
the making of the declaration.—The cases are not uniform as to P.M., in the City of Cebu, Philippines, and within the jurisdiction
the interval of time that should separate the occurrence of the of this Honorable Court, the said accused, conniving and
startling event from the making of the declaration. What is confederating together and mutually helping with one another,
important is that the declarations were voluntarily and armed with bottle (sic) of beer grande and RC Cola, with
spontaneously made "so nearly contemporaneous as to be in the deliberate intent and by means of force upon things, to wit: by
presence of the transaction which they illustrate and explain, and entering the inhabited house of one Herminia Sia y Sy and once
were made under such circumstances as necessarily to exclude the inside, with intent of gain and without the knowledge and consent
idea of design or deliberation. of said Herminia Sia y Sy, the owner thereof, did then and there
Same; Same; Alibi; It is a fundamental judicial dictum that take, steal and carry away the following:
the defense of alibi cannot prevail over the positive identification of one (1) sharp cassette valued at.................................... P3,500.00
one (1) Denonet Karaoke valued at.................................... 7,000.00
the accused.—Since the appellant had been identified, his defense
one (1) Sony cassette recorder.................................... 1,000.00
of alibi must fail. It is a fundamental judicial dictum that the
Fifty (50) pcs. of cassette tape.................................... 2,000.00
defense of alibi
496 one (1) casio calculator.................................... 100.00
4 SUPREME COURT REPORTS ANNOTATED TOTAL.................................... P13,600.00
96 valued in all (sic) at P13,600.00, belonging to said Herminia
People vs. Taneo Sia y Sy, to the damage and prejudice of the latter in the
cannot prevail over the positive identification of the accused. amount of P13.300.00, Philippine Currency; and with intent
APPEAL from the decision of the Regional Trial Court of to kill, did then and there
___________
Cebu. Cañares, J.
The facts are stated in the opinion of the Court. Original Records, 12; Rollo, 89.
1
The Solicitor General for plaintiffappellee. 497
VOL. 218, FEBRUARY 8, 1993 497
People vs. Taneo ____________
attack, assault and used personal violence upon Linda (sic) Original Records, 247.
2
Aglipa Robert, maid of Herminia Sia y Sy, owner of the said Original Records, 14.
3
house, who was the only person inside the house at that Per Judge Leonardo B. Cañares.
4
time, by hacking said Linda (sic) Aglipa Robert with said Original Records, op. cit., 1415.
5
498
bottle of beer grande and RC Cola at her head and face,
498 SUPREME COURT REPORTS ANNOTATED
thereby inflicting upon her the following physical injuries:
People vs. Taneo
'CARDIO RESPIRATORY ARREST
Trial on the merits against Roy Codilla then ensued. The
MASSIVE PNEUMONIA BL
witnesses who testified for the prosecution were Dr.
CEREBRAL CONTUSSION
Herminia Sia, accused Victor Taneo, Pat. Enrico Ministerio
OPEN DEPRESSED COMMUNIATED FX FRONTAL
and Dr. Jaime Perez, and those who testified for the defense
AREA (R) MULTIPLE LACERATIONS ON THE
were accused Roy Codilla, Police Cpl. Jovito Roa, Lolit
FACE'
Cabriana and Felicidad Pareño. The evidence for the parties
as a consequence of which said Linda (sic) Aglipa Robert
is summarized by the trial court as follows:
died instantaneously.
"Dr. Herminia Sia, an Optometrist, is a resident of Saint Michael
CONTRARY TO LAW." Village at Banilad, Cebu City. Her clinic is located at Junguera
Only accused Victor Taneo y Canada and Roy Codilla Street, Cebu City. Two years ago, sometime in 1984 when she lost
were apprehended. Accused Bebot Escoreal has remained at two big cassette recorders in her residence, she decided to hire the
large and an alias warrant for his arrest issued on 9 services of a guard. A Sgt. Codinas and an armyman named Bros,
February 1987 had been returned unserved for the reason recommended accused Roy Codilla to her.
that he is not known in his given address. 2
Employed on a daily basis, accused Codilla spent most of his
On 9 February 1987, Roy Codilla, assisted by counsel, time in securing the Banilad residence. There are (sic) times
entered a plea of not guilty while Victor Taneo voluntarily though that he would guard the Junguera clinic for a few hours.
pleaded guilty. In view thereof, the trial court issued an
3 4 On one occasion at the clinic, Codilla introduced to Dr. Sia Bebot
Order finding the latter guilty as charged and sentencing Escoreal as his friend.
When Codilla started bringing his friends to the house of Dr.
him to suffer the penalty of reclusion perpetua. The
Sia, the latter felt peeved because Codilla's friends were of
dispositive portion of the order reads: questionable and suspiciouslooking characters (sic). She was told
"WHEREFORE, finding accused Victor Taneo y Canada guilty by Codilla that his companions were jeepney dispatchers in the
beyond reasonable doubt of the crime of Robbery with Homicide as downtown area. Not being at ease with such situation, she fired
charged and appreciating in his favor the mitigating circumstance Codilla.
of plea of guilty, he is hereby sentenced to suffer RECLUSION Almost two years later, at 5:30 o'clock in the afternoon of
PERPETUA. December 22, 1986, Dr. Sia's neighbors Nicky Padriga and Ricardo
It appearing that the articles stolen were recovered, no Ferrer went to her clinic and informed her that some persons who
pronouncement as to indemnity." 5
burglarized her house were apprehended by them and that they Manila. With his P20.00 they, Codilla, Arnel Go, Escoreal and
brought the injured maid, Landa, to a hospital. himself, boarded a jeepney towards the place of Dr. Sia.
At the Mabolo Police Station, she saw Victor Taneo, a young While houseboy Jose Robert and househelper Landa Robert
boy—Arnel Go and Jose Robert—her houseboy and brother of her were cleaning the yard, Codilla entered the Sia premises for the
maid, Landa Robert. She inquired from Jose why he was at the purpose of inviting Jose Robert outside. Codilla told his
police station and the latter replied that after Taneo and Go were companions to stay behind at the corner street and to wait for his
arrested, he was brought along by the police for questioning. Jose signal. Later, he saw Codilla placing his arm around the shoulder
further disclosed that he was invited by Roy Codilla for a round of of Jose proceeding towards the store where the houseboy was
beer drinks at a small store behind Dr. Sia's residence and that offered some drinks. After the agreed signal of Codilla, placing his
when he returned to the house, his sister was already injured. The right hand on the right side of his head, they went inside the
young boy, Arnel, explained that Roy invited him to go to Dr. Sia's house of Dr. Sia. Leaving behind Jose at the store, Codilla joined
house. Victor Taneo, claimed that it was Roy Codilla who told him them. Escoreal stayed outside as lookout. Once inside, Codilla
to go along with him (Codilla) to the house of Dr. Sia to get some boxed the maid hitting her in the midsection of the stomach. The
valuables, like cassette recorders. She saw bloodstains inside her maid fell on the floor and Codilla ordered them to finish her off as
house splattered in the kitchen, on a beer bottle and on the she can identify them. He and Codilla got coke bottles under the
telephone set. dining table and struck the maid on her forehead, head and
At the groundfloor of Perpetual Succour Hospital, the severely mouth. They took from a room Sony (sic) Cassette Recorder, Sharp
injured and bloody maid managed to reveal to her (Dr. Sia) in the (sic) Cassette Recorder and some tapes, while Arnel Go in another
499 room, gathered some calculators.
VOL. 218, FEBRUARY 8, 1993 499 Outside the house with the loot, Codilla directed him and Arnel
People vs. Taneo Go to pass out one way while Codilla and Escoreal will proceed to
presence of Corazon Gonzales and Patrolman Lopez, that Roy the main road. Along the way, he and Arnel were arrested and
Codilla was the who (sic) struck her. were brought back to the house of Dr. Sia. There they saw the
Coaccused Victor Taneo, alias Opao (Kalbo) testified that he is neighbors carrying the body of the maid who was still alive and
a jeepney dispatcher (barker). Bebot Escoreal, another accused moaning. Later, the houseboy arrived.
herein who has remained at large, is his longtime friend who is In jail (BBRC) Codilla offered him P2,000.00 to save him
also a barker at Juan Luna Street, Cebu City. (Codilla) because he has a wife and children.
On December 22, 1986 at 11:00 o'clock in the morning, he saw At the outset he refused, but the wife of Codilla forced him to
Bebot Escoreal talking to a person. He approached Escoreal and receive the money with her plea that I (sic) save her husband for
the latter introduced him to the person who turned out to be Roy the
Codilla. After knowing each other, the conversation continued 500
with Codilla saying that he (Codilla) planned to rob the house of 500 SUPREME COURT REPORTS ANNOTATED
his former employer, Dr. Sia, as his revenge. Codilla then told him People vs. Taneo
(Taneo) to procure money to be used in entertaining Dr. Sia's sake of their family. Every visit of the wife of Codilla to the jail, he
houseboy, Jose Robert. They were briefed by Codilla that in the was given money by Mrs. Codilla which totalled all in all P400.00.
house of Dr. Sia are a maid and houseboy. Codilla stated that after In Court, he pointed at the wife of Codilla. His mother paid Roy
the robbery has been pulled (sic), Codilla will bring them to Codilla P400.00 because she bulked (sic) at the idea of saving
Codilla. And even if he were given the promised sum of P2,000.00, o'clock in the morning of said say, passing first in his aunt's house
he still would take the witness stand considering that he landed in at Camp Lapulapu.
jail because of Codilla. He came to know coaccused Taneo only after he was arrested
Arresting officer Rico Ministerio declared that in response to a by the police on December 25, 1986.
phone call, he and some police companions went to the house of During his employment as guard, he sleeps (sic) in the bedroom
Dr. Sia and took custody of Taneo and Arnel Go who were 501
captured en (sic) flagrante by the civilians of St. Michael Village. VOL. 218, FEBRUARY 8, 1993 501
The following day, they arrested Roy Codilla at the Duty Free People vs. Taneo
Shop at Lahug, Cebu City. of Dr. Sia since there are two beds—one for her and the other for
Dr. Jaime Perez testified that on December 22,1986 he treated him. Dr. Sia used to call him whenever she counts (sic) her money
Landa Robert for multiple lacerations in head (sic) and face caused and deposit (sic) them in the safe inside her room. There were two
by a blunt object. Five hours later, the patient died due to instances when she let him count a sizeable sum of money. He has
compression (sic) of vital brain centers. He issued the never taken any valuable thing from the Sia residence.
corresponding death certificate (Exh. "A"). Dr. Sia instigated Taneo to implicate him because at one time
that Dr. Sia hired somebody to lob a grenade in the house of the
For the Defense: wife of her boyfriend, he stopped her. (A picture of the alleged
boyfriend Eliezer Magdales was produced by him in Court Exh.
Police Cpl. Jovito Roa, a guard at BBRC testified that on "1"). That is the only reason why Dr. Sia wanted him to be jailed.
November 23, 1987, he caught two persons digging a tunnel at On cross examination, he testified that while employed by Dr.
BBRC and one of them was Victor Taneo. Upon inquiry, Taneo Sia, he has (sic) good relations with her. Dr. Sia even at times
told him that actually Roy Codilla has nothing to do with the gave him Tshirts aside from his pay. Living in the Sia house are
robberyhomicide in Dr. Sia's residence. He cannot recall, though, the doctor herself, her four children, houseboy Jose Robert and
who the other inmate was. Neither can he recall until now the maid Landa Robert. He was ordered by Dr. Sia to throw a
name of the BBRC investigator at that time. Taneo told him that handgrenade at the house of her (Sia's) boyfriend which (sic) he
the reason why he (Taneo) implicated Codilla was because the relented. As a result, she scolded him and then he left for Manila.
complainant (referring to Dr. Sia) promised him P300.00 but only In November, 1986, he returned to Cebu and went to the house of
P200.00 was given to him. Dr. Sia but houseboy Jose told him that the doctor was not there.
Accused Codilla, testified that in 1982 he was enlisted in the On December 22, 1986, at 10:00 A.M. he returned to Dr. Sia's
Philippine Army. He was discharged in 1984 fro (sic) having gone house to say hello because it was Christmas time and besides, the
AWOL. In April, 1984, he was hired by Dr. Sia as security guard houseboy invited him to a drinking spree. He found out that the
of her residence at St. Michael Village, Banilad, Cebu City. On persons in the Sia residence were only the houseboy Jose, maid
May, 1985, Dr. Sia terminated his services. Landa and Pableo, the watergatherer. When he, Jose and Pableo
He denied the charge that he and Taneo committed went to the liquor store, only the maid was left in the house. After
robberyhomicide in Sia (sic) residence at 5:30 P.M. of December partaking one bottle of beer grande at 11:00 A.M. he proceeded to
22, 1986 because on that day he was in the house of Jose Robert, the house of his brother at Hipodromo where he stayed until 4:00
his friend, who just arrived from Manila and went home at 10:30 P.M. From there he went home to Camputhaw, Lahug.
He meet (sic) coaccused Taneo only at the prison cell at Mabolo revenge," and considering the statement given by Landa to
8
Police Station. There Taneo told him that he (Taneo) does not Dr. Sia at the hospital—that she, Landa, was struck by Roy
know him. He only knew Bebot Escoreal. He was picked up by
Codilla—as part of the res gestae,9 the trial court, in its
some policemen near his home. Before his arrest, he did not know
Decision dated and promulgated on 14 December
the arresting officers, thus, he has no quarrel or misunderstanding
with them.
1988, found the accused Roy Codilla guilty beyond
10
Mrs. Lolit Cabriana, a volunteer worker in the jail ministry reasonable doubt of the crime charged. The dispositive
testified that she met Taneo in jail and he told her that he killed portion of the decision reads:
the maid of Dr. Sia in St. Michael's Village at Talisay, Cebu using "WHEREFORE, finding accused Roy Codilla guilty beyond
an empty beer bottle. His companion at that time was only Bebot reasonable doubt of the crime of robbery with homicide, he is
Escoreal. She knows Roy Codilla and she asked him why he was in hereby sentenced to suffer the penalty of reclusion perpetua, to
jail and the latter answered that he was not in the house of Dr. indemnify jointly and severally with accused Victor Taneo the
Sia when the crime was committed. Codilla told her that he was heirs of the deceased Landa Robert the sum of P30,000.00, and to
then in his house at Lahug and in his brother's house at Mandaue pay the costs.
City. The Sentence on accused Taneo contained in the Order dated
Later, on crossexamination, she declared that for the four February 9, 1987 insofar as indemnification is concerned is hereby
years of her missionary work in BBRC jail she did not have an modified."
occasion to talk to Codilla because he is not under her bible class. SO ORDERED." 11
502 The trial court rejected Codilla's defense of alibi because his
502 SUPREME COURT REPORTS ANNOTATED residence in barangay Camputhaw, the place where he
People vs. Taneo claims
Felicidad Pareño of Camputhaw, Lahug, Cebu City testified that ______________
she is a neighbor of accused Codilla. Her house is two houses
6
Original Records, 230233; Rollo, 2528.
away. Her closeness to the mother of Codilla is such that they 7
Id., 233.
treat each other like sisters. 8
Original Records, 234.
In the afternoon of December 22, 1986, she was in the Codilla 9 Id.
residence for their prayer meeting and she saw for the first time 10
Per Judge Leonardo B. Cañares; Id., 229235; Rollo, 2430.
accused Codilla at past 4:00 o'clock that afternoon viewing TV in
11 Id., 235; Id., 30.
503
the second floor of their house. She went home at about that time
VOL. 218, FEBRUARY 8, 1993 503
also and never saw Codilla anymore." 6
Rollo, 2.
14
Taneo who had no motive to perjure his testimony.
Id., 41.
15
Appellant, seasonably filed his Notice of Appeal, manifesting13
Rollo, op. cit., 56.
17
Appeals. In view of the penalty imposed, the appeal should 162 SCRA 696, 703 [1988].
19
504
have been elevated to this Court. On the other hand, for
504 SUPREME COURT REPORTS ANNOTATED
obvious reasons, accused Taneo did not interpose an appeal.
People vs. Taneo
The records of the case were erroneously transmitted to
cannot be said that the declarant did not have the
the Court of Appeals which, however, forwarded them to this
opportunity to concoct or contrive her statement. Neither can
Court on 10 March 1989. This Court accepted the appeal on
14
such statement qualify as a dying declaration because it does
20 September 1989. 15
not concern the cause and surrounding circumstances of the
In his Brief, the appellant, through his counsel de declarant's death and that at the time it was made, the
oficio who were appointed as such by this Court due to the
16
declarant was not under the consciousness of an impending
death of his counsel de parte, submits the following
17
death. As a matter of fact, it is doubtful if Landa did indeed
assignment of errors: make the statement considering that as testified to by the
doctor who had treated her, she had impaired consciousness;
1. "I.The Trial Court erred in considering the alleged besides, Mrs. Sia's companions, one Corazon Gonzales and a
statement of the victim, Landa Roberts (sic), as part of res policeman named Lopez, were not presented to corroborate
gestae. Sia's testimony.
Anent the second assigned error, appellant contends that
2. II.The Trial Court erred in giving weight to the testimony in view of the first error and the inadmissibility of the
of appellant's coaccused, Victor Taneo. statement of Landa Robert, the prosecution was left with
nothing save for the testimony of Victor Taneo which,
3. III.The Trial Court erred in declaring that accused
however, is weak and does not constitute sufficient basis for
appellant's identity was established." 18
the appellant's conviction. In the first place, Taneo admitted
In support of the first assigned error, appellant claims that to Pat. Ministerio that he (Taneo) and Bebot Escoreal were
the alleged statement of Landa Robert could have been made the ones who manhandled the maid. Secondly, Taneo's
at least four (4) hours after the occurrence of the incident—a credibility as a witness is questionable; he had twice been
apprehended for robbery under P.D. No. 532, and had twice
considerable lapse of time. Hence, per People vs. Roca, it 19
________________
been prosecuted therefor in Criminal Case No. CBU5871
and Criminal Case No. CBU5881 before Branches XVI and
Id., 234.
12
XIV of the Regional Trial Court of Cebu. Both cases,
however, were dismissed on the ground of failure to disturb the findings of the trial court, considering that the
prosecute. Appellant then pontificates: "From a hardened latter is in a better position to decide the question, having
soul like Victor Taneo's, it is very difficult to elicit truth." In 20
heard the witness himself and observed his deportment and
addition thereto, appellant alleges that Taneo's testimony manner of testifying during the trial, unless certain facts of
would indicate that the same was for sale as the latter substance and value had been plainly overlooked which, if
claimed that he was asked by Roy Codilla to testify in his considered, might affect the result of the case. 21
favor for the amount of P2,000.00, but that Codilla's wife We have painstakingly examined the records of this case
could only raise P400.00. and the transcripts of the stenographic notes of the
The third assigned error is premised on the assumption testimonies of the witnesses and find no cogent reason to
that the appellant's conviction is based solely on the bare disregard the rule and give way to the exception. The full
allegation of Mrs. Sia that the victim, Landa Robert, had faith and credit given by the trial court to the testimonies of
identified Codilla as her mauler, and on the testimony of Herminia Sia and Victor Taneo are supported by the
Victor Taneo which, as claimed in the first and second evidence. In fact, the tenor of the assigned errors and the
assigned errors, is inadmissible and weak. Appellant then arguments summoned to support them betray the
faults the prosecution for not presenting Jose Robert who appellant's realization of the infirmity of his stand. Were it
could have attested to the not for the gravity of the offense charged and the penalty
__________________ imposed, this conclusion could have written an early finisto
Brief for Appellant, 13.
20 the appeal. But then, We are called to squarely meet the
505 issues raised by the assigned errors.
VOL. 218, FEBRUARY 8, 1993 505 1. The court a quo correctly considered the statement
People vs. Taneo given by the victim, Landa Robert, to Herminia Sia as part of
appellant's presence and participation in the crime or shed ______________
light on Taneo's claim that (a) the appellant went to the Sia
See, for instance, People vs. Garcia, 89 SCRA 440 [1979], citing several
house ahead of the rest to distract Jose Robert's attention by
21
Citing People vs. Durante, 53 Phil. 363, 371 [1929].
28
record to show that at the time she did so, she was in no
condition to speak, utter a word or answer questions. with and their nonpresentation did not imply suppression of
Moreover, appellant's counsel failed, on crossexamination, evidence and did not prove to be fatal to the prosecution's
to extract from the doctor any admission that "impaired case. Besides, if the appellant was honestly convinced of the
32
consciousness" would include inability to speak or answer a falsity of Sia's testimony and the fact that none of her
question, or that such a condition existed for some time companions would corroborate her story, he should have
before he had been or examined the patient. Neither was availed of the compulsory process to have them produced as
expert testimony introduced to prove that the injuries his own witnesses, or even as hostile witnesses. 33
sustained by Landa rendered her unconscious upon their 2. Appellant insists that Victor Taneo's credibility is
infliction or sometime thereafter—specifically, when she had questionable because the latter had earlier been charged in
reached the hospital. two (2) criminal cases for robbery; the former admits,
_________________ however, that these cases were dismissed for failure to
prosecute. Section 20, Rule 130 of the Rules of Court
30
People vs. Ner, supra., at page 1161, citing Lousville N.A. & C.Ry. Co.
vs. Buck, 19 NE 453, 458. provides that except as provided for in the succeeding
508 sections, all persons who can perceive,
34
As to the appellant's insinuation that Mrs. Sia may have People vs. Capulong, 160 SCRA 533 [1988]; People vs Tangliben, 184
32
509
supported by the evidence and its observation of her
VOL. 218, FEBRUARY 8, 1993 509
demeanor. Declared the lower court:
People vs. Taneo
"The Court painstakingly scrutinized the testimonies of the
and perceiving, can make known their perception to others,
witnesses of both sides including close examination of the
may be witnesses. Religious or political belief, interest in the
demeanor of those who took the stand.
The testimony of Dr. Sia was straightforward, without outcome of the case or conviction of a crime unless otherwise
hesitation and concise." 31 provided by law, shall not be a ground for disqualification.
While it may be true that Dr. Sia's companions, Corazon Clearly, the mere pendency of a criminal case against a
Gonzales and a policeman (a certain Lopez), could have been person does not disqualify him from becoming a witness. As
presented to corroborate her testimony, such non a matter of fact, conviction of a crime does not disqualify
presentation did not affect the probative value of such such person from being presented as a witness unless
testimony for, as even the appellant candidly admits, the otherwise provided by law. At his arraignment, Victor
35
Note.—The positive identification of the accused by the
The prosecution's failure to present Jose Robert—a fact
prosecution witnesses as to his participation in the crime
capitalized upon by the appellant in his third assigned error
—was not fatal. At best, Robert's testimony would have been cannot be overcome by his mere denial (People vs. Bocatcat,
merely corroborative. Jr., 188 SCRA 175).
Prescinding from all the foregoing, We find the appealed
_______________ ——o0o——
People vs. Macalindog, 76 Phil. 719 [1946]; People vs. Borbano, 76 Phil.
37
702 [1946]; People vs. Simon, 209 SCRA 148 [1992].
People vs. Mercado, 97 SCRA 232 [1980], citing a long line of
38
cases; People vs. Clores, 184 SCRA 638 [1990]; People vs. Arceo, 187 SCRA
265[1990]; and People vs. Beringuel, 192 SCRA 561 [1990].
510
510 SUPREME COURT REPORTS ANNOTATED
Palagpag vs. NLRC
decision of the trial court to be in accordance with the facts
and applicable laws and jurisprudence. Except for the
indemnity which is hereby increased from P30,000.00 to
VOL. 233, JULY 6, 1994 679 conviction of a crime, unless otherwise provided by law, shall not
People vs. Balanon be a ground for disqualification of witnesses.
G.R. Nos. 8524849. July 6, 1994. * Same; Same; Same; Inconsistency in testimony of the witness
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.SGT. is too trivial to affect the straightforward account of the shooting of
JERRY BALANON, accusedappellant. the victims by appellant.—Ms. de la Cruz could be referring to two
Criminal Law; Witness; Testimony; Alibi; Appellant’s alibi instances when accused came close to Ms. Sinsuan, i.e., when the
latter was
cannot stand in the face of his clear and positive identification by
_______________
Acasio who, appellant even admitted, had no ill will to implicate
him.—In the present recourse, accusedappellant basically raises FIRST DIVISION.
*
680
factual issues. He stresses his presence at the SOUTHCOM
6 SUPREME COURT REPORTS ANNOTATED
headquarters in the morning of 3 November 1980, contrary to the
80
testimony of prosecution witness Rogene Acasio, also an inmate,
that he was drinking liquor with Balanon and the victims. People vs. Balanon
Appellant’s alibi cannot stand in the face of his clear and positive already inside the bus and when she was still boarding the
identification by Acasio who, appellant even admitted, had no ill bus, and the followup question of the prosecutor referred to the
will to implicate him (Balanon) in the crime. Moreover, there is no instance when the witnesses were still boarding. But even if we
compelling reason to depart from the assessment of the credibility consider as inconsistent this portion of Ms. de la Cruz’ testimony,
of the witnesses made by the trial judge who, unlike the reviewing this is too trivial to affect their straightforward account of the
court, had the occasion and opportunity to observe their demeanor shooting of the victims by appellant.
and detect any badge of fabrication. But even Same; Murder; Treachery; There is treachery when the victims
granting arguendoappellant’s claim to be true, this does not were shot unexpectedly, and were not in a position to defend
contradict the testimonies of other prosecution witnesses that he themselves.—The qualifying circumstance of treachery is not
shot the victims to death. disputed since the victims were suddenly shot, unexpectedly, and
Same; Same; Same; Remedial Law; Conviction of a crime were not in a position to defend themselves.
unless otherwise provided by law shall not be a ground for
APPEAL from a decision of the Regional Trial Court of
disqualification of witnesses.—Appellant faults the trial court for
Zamboanga City, Br. 13.
giving credence to the testimony of Acasio who was not only
probably drunk, but was a convicted hijacker and falsifier of public
The facts are stated in the opinion of the Court.
documents as well; hence, apt to fabricate his testimony. But,
probability is not evidence, and even if Acasio took alcohol, it does The Solicitor General for plaintiffappellee.
not follow that he was drunk. Moreover, a drunk person is Emmanuel C. Paras for accusedappellant.
competent to testify on what he sees or experiences, however
limited or hazy his perception may be. In the same way, a hijacker BELLOSILLO, J.:
or a falsifier is not necessarily a liar. Under the Rules of Court,
On 3 November 1980, at about three o’clock in the afternoon, months pregnant, remained seated on the bench as the
Roberto Laino and Gregorio Santillan, both trustee startling occurrence unfolded before them. The shaken tutors
inmates of San Ramon Penal Farm, were exchanging fist
1
then proceeded on their way to the City.
blows along the national highway in Labuan, Zamboanga Later at six o’clock in the evening, Sgt. Balanon was
City. Accused Sgt. Jerry Balanon, an enlisted man of the picked up by some ten members of the 36th Infantry
Philippine Army assigned at the Southern Command Batallion in connection with the killing of Laino and
Headquarters (SOUTHCOM), Camp Navarro, Calarian, Santillan. Subsequently, Balanon was charged with murder
Zamboanga City, was standing nearby. As the fight
2
on two counts, both qualified by evident premeditation and
progressed, Sgt. Balanon left for a nearby store. treachery.
Ms. Maria Luningning Sinsuan and Ms. Elsa de la Cruz, Sgt. Balanon set up the defense of alibi and mistaken
both teachers in the Labuan Barangay High School were identity. He claimed he was “delivering information to an
seated on a bench in the house of Alim Usman some three intelligence community.”
feet away from the road waiting for a bus to take them to On 31 October 1985, Judge Carlito A. Bibna of the
Zamboanga City. They were twenty to twentyfive meters Regional Trial Court of Zamboanga City, Br. 13, convicted
away from the protagonists. One of them shouted for help so Sgt. Balanon of the crime charged qualified by treachery and
Ms. Sinsuan went near to pacify them saying, “Tama na sentenced him to two terms of reclusion perpetua, to
yan.” One of them retorted, “Alam mo indemnify the heirs of the victims at P30,000.00 for each
_______________ case, and to pay the costs. As a detention prisoner, he was
credited in full for the period of his detention. 3
1
Inmates assigned as guards in the penal farm; Decision of the Regional
Trial Court, Zamboanga City, Br. 13, p. 9.
The crux of the decision leaned on the credibility of
2
RTC Record, Crim. Case No. 1227 (4706), p. 22. witnesses—
681 As compared to the testimonies of the prosecution witnesses,
VOL. 233, JULY 6, 1994 681 particularly Luningning Sinsuan, Elsa de la Cruz and Rogene
People vs. Balanon Acasio who testified in straightforward, spontaneous and frank
Ma’am . . .,” but was cut short when Balanon went to Ms. manner and has answered consistently even on crossexamination,
Sinsuan, walked her five meters away and then told her not the vacillating and evasive answers of the accused Sgt. Jerry
Balanon during the course of his testimony does not inspire belief
to interfere. Then he went back to the two quarreling
and reliability. 4
inmates, pulled a gun suddenly from his waist, and shot _______________
them one after another twice. A fifth shot was supposedly
fired but the trial court did not consider the same as it has 3
Art. 29, The Revised Penal Code, as amended by R.A. No. 6127 and E.O.
No. 214, prom. 10 July 1987; see RTC Decision, p. 29.
not been sufficiently established in the record. Fearing that 4
RTC Decision, p. 27.
Balanon was running amok, Ms. Sinsuan ran back to where 682
she was previously sitting. Ms. de la Cruz, who was then six 682 SUPREME COURT REPORTS ANNOTATED
People vs. Balanon Appellant’s assertion that the victims being prisoners
The aggravating circumstance of evident premeditation was could not have left the Penal Colony without the permission
not appreciated against Sgt. Balanon as “[t]here is no of the warden, is completely irrelevant for they were
evidence on record to show when the plan to kill the admittedly shot and killed outside the prison walls.
deceasedvictims was hatched by the accused x x x x” 5
While appellant denies having ordered a certain
In the present recourse, accusedappellant basically raises handicraft product from Acasio, by reason of which Acasio
7
factual issues. He stresses his presence at the SOUTHCOM claims to have
headquarters in the morning of 3 November 1980, contrary _______________
to the testimony of prosecution witness Rogene Acasio, also
Id., p. 29.
5
an inmate, that he was drinking liquor with Balanon and the Sec. 20, par. (2), Rule 130.
6
victims. Appellant’s alibi cannot stand in the face of his clear As he claims he ordered the handicraft product from a certain
7
Appellant faults the trial court for giving credence to the
not able to see any scar” behind his ears. It may be worth
10
testimony of Acasio who was not only probably drunk, but
noting that—
was a convicted hijacker and falsifier of public documents as
x x x x Sometimes in the course of time a scar may apparently
well; hence, apt to fabricate his testimony. But, probability is
disappear—that is to say, not be noticeable to the casual observer
not evidence, and even if Acasio took alcohol, it does not —but it is always there, to be found by him who looks carefully. By
follow that he was drunk. Moreover, a drunk person is compressing the surface where the scar is suspected, so as to expel
competent to testify on what he sees or experiences, however the blood supply and then releasing it suddenly, the blood rushing
limited or hazy his perception may be. In the same way, a back will generally show an old scar very plainly, where before it
hijacker or a falsifier is not necessarily a liar. Under the could not be noticed. Thus also, where a person has been branded
Rules of Court, conviction of a crime, unless otherwise as well as where a scar has become invisible, by slapping the part
provided by law, shall not be a ground for disqualification of several times or by rubbing it, the scar or brand may be made
witnesses. 6 visible x x x x Scars decrease in size after time in an adult, but
increase in size in a child x x x x 11
As observed by the Solicitor General: comparison with her and De la Cruz’ positive identification
x x x it was only in June 1985 that appellant showed his of appellant on the stand.
longhaired head for a cursory look, to the prosecuting fiscal, or Appellant also discredits prosecution witness Elsa de la
almost five (5) years after the commission of the crime. The Sworn Cruz by highlighting her alleged inconsistent statements,
Statement of Mrs. Luningning Sinsuan was taken on November i.e., she allegedly averred that she got a close view of the
18, 1980. Appellant was already under investigation at the time.
accused when she was still boarding the bus, but on cue from
Why did he not claim at once that he had no scar, and instead
the prosecutor, she said she was already on board the bus, to
alleged it for the first time after almost five (5) years? Why did he
not let a doctor examine his head and certify as to the presence or wit,
absence of a scar? The answer is obvious, his scar would have been Q x x x x What was the basis for your identification of the accused Jerry
very obvious at that time, even to an untrained eye. 12 Balanon?
_______________ A I identified him because when we already boarded the bus with Mrs.
Sinsuan he went near Mrs. Sinsuan and Mrs. Sinsuan was stepping
Muslim. one step (on) the bus and he was very near Mrs. Sinsuan.
Appellant’s Brief, p. 11, citing TSN, 19 June 1985, p. 6.
8
Asst. City Fiscal Yu:
Appellant’s Brief, p. 12, citing Sworn Statement of Ms. Luningning
9
Q How far was he when you saw him when you were about to board the
Sinsuan dated 18 November 1980, p. 2.
Id., p. 13, citing TSN, 19 June 1985, p. 16.
10
bus?
Herzog, Alfred H., Medical Jurisprudence (1931), pp. 211, 213.
11
A Very near.
Brief for the PlaintiffAppellee, p. 18.
12 Court:
684 Q How many meters?
684 SUPREME COURT REPORTS ANNOTATED A If Mrs. Sinsuan was stepping then I am at the back of Mrs. Sinsuan. 14
People vs. Balanon Ms. de la Cruz could be referring to two instances when
In her Sworn Statement, Luningning simply described the accused came close to Ms. Sinsuan, i.e., when the latter was
assailant as “tall about 5'7" above, medium or little slim, fair already inside the bus and when she was still boarding the
complexion, slit eyes, plain long hair (minus haircut along bus, and the followup question of the prosecutor referred to
the wound with stitches,” and nothing was categorically said
13 the
about the location of the wound. Since Luningning was _______________
describing appellant’s hair when she took exception to a then See Note 2, p. 3.
13
been on appellant’s pate or head which, when the prosecutor 685
took a look behind appellant’s ears, could have been hidden VOL. 233, JULY 6, 1994 685
by his long hair. People vs. Balanon
But even granting arguendo that Luningning made instance when the witnesses were still boarding. But even if
incorrect statements about the wound, this pales in we consider as inconsistent this portion of Ms. de la Cruz’
testimony, this is too trivial to affect their straightforward
account of the shooting of the victims by appellant.
While it may be unnatural for a person who has just every unfavorable statement made by said witness. But even
committed a grave felony to walk back and forth and if we
approach bystanders amiably instead of fleeing, criminal _______________
acts are aberrations and criminals are not expected to act
RTC Decision, p. 26.
15
committed in front of several witnesses. 686
Appellant tries to revitalize the testimony of defense 686 SUPREME COURT REPORTS ANNOTATED
witness Rolando Daño who claimed not to have seen any People vs. Balanon
teacher nor heard shots at the scene of the crime, which totally disregard the statements of Daño, appellant himself,
account the trial court disregarded because he admitted that as pointed out by the Solicitor General, admitted at one point
he did not know all the teachers of Labuan Barangay High that he left the SOUTHCOM at about one o’clock in the
School and that he went to the scene only after the shooting afternoon, contrary to his statement that he never left the
17
was over. But appellant takes exception to the damaging SOUTHCOM until fourthirty in the
parts of Daño’s testimony, especially the statement that he afternoon. Interestingly, since appellant admitted that he
18
saw the accused Sgt. Jerry Balanon coming out from the and his witness Daño could not be expected to be precise in
Orellano store in Labuan at three o’clock in the afternoon their estimates of the time, it naturally follows that
and stood there akimbo, explaining that Daño could not have
15 appellant could not also state with precision that at about
been precise in stating the time because— three o’clock that afternoon he was not at the scene of the
Sgt. Daño was not wearing a watch on that particular day. Hence, crime.
when he testified under oath that he did not hear the shots x x x The qualifying circumstance of treachery is not disputed
the only plausible explanation was that he was not in the vicinity since the victims were suddenly shot, unexpectedly, and
of the crime scene at the time the killings were committed. He were not in a position to defend themselves.
only became aware of the crime after everyone else in the locality While the victims were using their bare fists to settle
knew of the same x x x x Undoubtedly then, his estimate of the their differences, the accused used a deadly firearm to
time that he saw Balanon come out of the Orellano store was silence them. Appellant’s guilt having been established
wrong. Yet the falsity of the testimony itself was never beyond reasonable doubt, the affirmance of his conviction is
established. He did in fact see Balanon at the scene after the crime
imperative.
was committed. This, however, should not be used as a basis to
totally discredit Balanon’s testimony. Balanon himself was not WHEREFORE, the decision of the court a quo finding
wearing a watch on that day. Consequently, his estimate of the accusedappellant SGT. JERRY BALANON GUILTY of
time he reached Labuan could likewise be wrong. 16 Murder on two (2) counts qualified by treachery, and
Since the testimony of defense witness Daño did not do any sentencing him to reclusion perpetua in each case, and to pay
good to appellant’s cause, the latter now belabors to justify the costs, is AFFIRMED with the modification that the
indemnity for the death of each victim is increased to
P50,000.00, or a total of P100,000.00 for the two (2) victims,
in consonance with existing jurisprudence. Costs against
accusedappellant.
SO ORDERED.
Cruz (Chairman), Davide,
Jr., Quiason and Kapunan, JJ., concur.
Appealed decision affirmed with modification.
Notes.—Treachery is present in case of sudden attack
even if the victim was able to parry first hacking with a wood
marker (People vs. Sacayan, 113 SCRA 199).
Minor inconsistencies in the narration of a witness do not
detract from its essential credibility as long as it is on the
whole
_______________
TSN, 19 June 1985, p. 17.
17
TSN, 19 July 1985, p. 9.
18
687
VOL. 233, JULY 6, 1994 687
People vs. Carizo
coherent and intrinsically believable (People vs. Ansing,196
SCRA 374).
——o0o——
inappropriate to his or her life situation, and a reduced tolerance 657
for the stress of interpersonal relations so that the patient retreats VOL. 336, JULY 31, 2000 657
from social intercourse into his or her own fantasy life and People vs. Baid
commonly into delusions and hallucinations, and may, when has repeatedly said, lust is no respecter of time and place and
untreated or unsuccessfully treated, go on to marked deterioration the crime of rape can be consummated even when the malefactor
or regression in his or her behavior though often unaccompanied and the victim are not alone.
by further intellectual loss. Same; Same; Witnesses; In the absence of bias, partiality, and
Witnesses; Mental Illness; Schizophrenia; It has long been grave abuse of discretion on the part of the presiding judge, his
settled that a person should not be disqualified on the basis of findings as to their credibility are entitled to utmost respect as he
mental handicap alone; It is established that schizophrenic persons had the opportunity to observe their demeanor on the witness
do not suffer from a clouding of consciousness and gross deficits of stand.—The plausibility of an allegation of rape does not depend
memory.—Notwithstanding her mental illness, complainant on the number of witnesses presented during the trial, so much so
showed that she was qualified to be a witness, i.e., she could that, if the testimonies so far presented clearly and credibly
perceive and was capable of making known her perceptions to established the commission of the crime, corroborative evidence
others. Her testimony indicates that she could understand would only be a mere surplusage. In this case, the trial court gave
questions particularly relating to the incident and could give credence to the testimonies of the prosecution witnesses on the
responsive answers to them, x x x Though she may have exhibited basis of which it adjudged accusedappellant guilty. In the absence
emotions inconsistent with that of a rape victim (“inappropriate of bias, partiality, and grave abuse of discretion on the part of the
affect”) during her testimony, such as by smiling when answering presiding judge, his findings as to their credibility are entitled to
questions, her behavior was such as could be expected from a utmost respect as he had the opportunity to observe their
person suffering from schizophrenia. Otherwise, complainant was demeanor on the witness stand.
candid, straightforward, and coherent. Furthermore, aside from Same; Same; The absence of spermatozoa in the genitalia of
the testimony of Dr. Salangad on complainant’s consciousness and complainant does not destroy the finding of rape since ejaculation
memory, it is established that schizophrenic persons do not suffer
is never an element thereof.—Nor does the absence of spermatozoa absence of an abuse of discretion.—The fact that Dr. Salangad was
in the genitalia of complainant destroy the finding of rape since hired by the family of complainant to give expert testimony as a
ejaculation is never an element thereof. What consummates the psychiatrist did not by that fact alone make her a biased witness
felony is the contact of the penis of the perpetrator, however and her testimony unworthy of consideration. As has been
slight, to the vagina of his victim without her consent. Neither is it said: . . . Although courts are not ordinarily bound by expert
required that lacerations be found in the victim’s hymen. We have testimonies, they may place whatever weight they choose upon
held that a medical examination is not a requisite for a rape such testimonies in accordance with the facts of the case. The
charge to prosper as long as the victim categorically and relative weight and sufficiency of expert testimony is peculiarly
consistently declares that she has been defiled. In this case, aside within the province of the trial court to decide, considering the
from complainant’s positive testimony, the medical examination of ability and character of the witness, his actions upon the witness
the complainant showed an abrasion on her labia minora, stand, the weight and process of the reasoning by which he has
indicating that she had recent sexual intercourse. That the deep supported his opinion, his possible bias in favor of the side for
healed lacerations found on the complainant’s genitalia may have whom he testifies, the fact that he is a paid witness, the relative
been caused seven days prior to December 22, 1996 is immaterial opportunities for study and observation of the matters about
and irrelevant considering that she is a nonvirgin. which he testifies, and any other matters which deserve to
Witnesses; Expert Witnesses; The accused cannot question in illuminate his statements. The opinion of the expert may not be
his appeal the qualification of one presented as expert witness if he arbitrarily rejected; it is to be considered by the court in view of all
the facts and circumstances in the case and when common
did not raise any objection to his qualification in the trial court—
knowledge utterly fails, the expert opinion may be given
objections not timely raised are deemed waived.—Accused controlling effect (20 Am. Jur., 10561058). The problem of the
appellant questions in this appeal the qualifications of Dr. credibility of the expert witness and the evaluation of his
Salangad as an expert witness. However, he cannot do this now as testimony is left to the discretion of the trial court whose ruling
he did not raise any objection to Dr. Salangad’s qualifications in thereupon is not reviewable in the absence of an abuse of that
the trial court. On the contrary, he even crossexamined her on the discretion.
matters on which she testified. In accordance with Rule 132, §36,
Criminal Law; Rape; Words and Phrases; “Deprived of
objections not timely raised are deemed waived.
658 Reason” Explained; To warrant a conviction for rape under
6 SUPREME COURT REPORTS ANNOTATED paragraph (2) of Art. 335, a woman need not be proven as
58 completely insane or deprived of reason.—To warrant a conviction
People vs. Baid for rape under paragraph (2) of Art. 335, a woman need not be
Same; Same; The fact that an expert witness was hired by the proven as completely insane or deprived of reason. The phrase
family of the complainant to give expert testimony does not by that “deprived of reason” has been construed to include those suffering
fact alone make her a biased witness and her testimony unworthy from mental abnormality or deficiency or some form of mental
retardation, those who are feebleminded although coherent.
of consideration; The problem of the credibility of the expert
Same; Same; Where the rape victim is feebleminded, the force
witness and the evaluation of his testimony is left to the discretion
required by the statute is the sexual act itself.—That the
of the trial court whose ruling thereupon is not reviewable in the
complainant was suffering from schizophrenia at the time of the where complainant was confined. Third, he admitted that, as a
rape is shown by the fact that she was in the clinic precisely nurseaide, he was allowed to enter the patients’ room anytime for
because of such illness and by her behavior at the trial, during purposes of checking on the patients. Above all, his alibi cannot be
which she would smile for no reason at all while answering the given credence because complainant has pointed to him as the
questions. Though she may not have totally lost her memory, it culprit of the rape. In cases in which the accusedappellant was
was shown that she was suffering from an impairment of identified by the victim herself who harbored no ill motive against
659 him, the defense of alibi was rejected.
VOL. 336, JULY 31, 2000 659
People vs. Baid APPEAL from a decision of the Regional Trial Court of
judgment, which made her incapable of giving, an intelligent Quezon City, Br. 95.
consent to the sexual act. It has been held that where the rape
victim is feebleminded, the force required by the statute is the The facts are stated in the opinion of the Court.
sexual act itself. The Solicitor General for plaintiffappellee.
Same; Same; Sexual intercourse with an insane, deranged, or
Salatandre and Associates Law Office for accused
mentally deficient, feebleminded, or idiotic woman is rape, pure appellant.
and simple.—Even assuming then that the complainant consented 660
to have sexual intercourse with accusedappellant, the copulation 660 SUPREME COURT REPORTS ANNOTATED
would fall under the third paragraph of Art. 335 of the Revised People vs. Baid
Penal Code in view of the fact that complainant was mentally ill.
Sexual intercourse with an insane, deranged, or mentally MENDOZA, J.:
deficient, feebleminded, or idiotic woman. is rape, pure and
simple. This is an appeal from the decision of the Regional Trial
1
Same; Alibi; Requisites.—Accusedappellant invoked alibi in Court, Branch 95, Quezon City, finding accusedappellant
his defense. He claimed that, at the time of the incident, he was in Eric Baid y Ominta guilty of the crime of rape against Nieva
his quarters at the Holy Spirit Clinic sleeping. For the defense of Garcia y Saban, a mental patient, and sentencing him to
alibi to be believed, the following requisites must be met: (a) his
suffer the penalty of reclusion perpetua and to pay the victim
presence at another place at the time of the perpetration of the
offense must be proven; and (b) it was physically impossible for the amount of P50,000.00 as moral damages.
him to be at the scene of the crime. The information against accusedappellant, based on the
Same; Same; The defense of alibi is unavailing where the complaint filed by the offended woman and her mother,
accused was identified by the victim herself who harbored no ill alleged—
That on or about the 22nd day of December 1996, in Quezon City,
motive against him.—Accusedappellant’s testimony itself
Philippines, the said accused by means of force and intimidation,
demonstrates the untenability of his alibi. First, his declaration
to wit: by then and there [willfully], unlawfully and feloniously
that he was in another room of the clinic is uncorroborated.
undressing one NIEVA GARCIA y SABAN, a mental patient
Second, the room in which he said he was sleeping at that time of
suffering [from] schizophrenia and put himself on top of her, and
the incident was only a few meters away from the patients’ room
thereafter have carnal knowledge with the undersigned awakened tried to separate the two, and, as she failed to do
complainant against her will and without her consent. so, she went out to call the two nurses on duty. The nurses
CONTRARY TO LAW. 2
responded but, when they arrived, accusedappellant had
When arraigned, accusedappellant entered a plea of not left, while complainant had already put on her pants. 4
guilty, whereupon trial of the case on the merits proceeded. Complainant was brought later during the day before Dr.
The prosecution presented three witnesses, namely, the Emmanuel Reyes for medicolegal examination. She told him
complainant, Dr. Herminigilda Salangad, the complainant’s what happened. Dr. Reyes reduced her narration of the
attending psychiatrist, and Dr. Emmanuel Reyes, the incident into writing and then gave her a physical
5
medicolegal officer who examined the complainant. examination. His report stated: 6
with pale brown areola and nipples from which secretions could be
nurseaide of said clinic. pressed. Abdomen is flabby and soft.
On December 22, 1996, at around 3 a.m., accused
appellant sneaked into the patients’ room. He woke the GENITAL:
complainant up and offered her a cigarette, at the same time
There is moderate growth of pubic hair. Labia majora are full, convex
touching her foot. Com
and coaptated with the pale brown labia minora presenting in between.
_______________
On separating the same disclosed an abraided posterior fourchette and
Per Judge Diosdado Madarang Peralta.
1
an elastic, fleshytype hymen with deep healed lacerations at 3, 6 and 9
Rollo, pp. 1213.
2 o’clock. External vaginal orifice offers moderate resistance to the
TSN (Dr. Salangad), pp. 5, 12, April 23, 1997.
3 introduction of the examining finger and the virginsized speculum.
661 Vaginal canal is wide with flattened rugosities. Cervix is normal in size,
VOL. 336, JULY 31, 2000 661 color and consistency.
People vs. Baid
CONCLUSION:
plainant took the cigarette. As she smoked it, accused
appellant caressed her. Apparently, she was aroused, Subject is in nonvirgin state physically.
because she afterward removed her pants. It turned out she _______________
was not wearing any underwear. Accusedappellant also 4
TSN (Nieva Garcia), pp. 49, April 10, 1997; TSN (Nieva Garcia), p. 3, April
removed his pants and the two had sexual intercourse. 27, 1997; Exhibit D; Records, pp. 56.
Afterwards, they transferred under the bed and continued 5
Exhibit B2.
6
Exhibit A.
their sexual intercourse. Complainant said she felt accused
662
appellant had an orgasm. A female patient who had been 662 SUPREME COURT REPORTS ANNOTATED
People vs. Baid clinic. He stated that the clinic consisted of two floors and
There are no external signs of application of any form of violence. five rooms. The room where complainant and the other
patients were staying and his quarters were both on the
REMARKS: ground floor of the building. He admitted that the clinic was
Vaginal and periurethral smears are negative for gram negative
for the mentally ill and that, as a nurseaide, he was
diplococci and for spermatozoa. supposed to know the status of every patient and his job was
Dr. Reyes said the fresh abrasion, located at 6 o’clock to watch them
posterior of the complainant’s genitalia, could have been _______________
recently caused by a hard blunt object, such as an erect penis TSN (Dr. E. Reyes), pp. 28, March 17, 1997.
7
during sexual intercourse, or by the insertion of a finger. Dr. TSN (Eric Baid), pp. 26, May 22, 1997.
8
on duty and ten patients in the room. He described the On June 20, 1997, the trial court rendered its
patients’ room as having an area of about eight by five decision, the dispositive portion of which reads:
11
square meters with wooden beds arranged one foot apart WHEREFORE, judgment is hereby rendered finding the accused
Eric Baid y Ominta GUILTY beyond reasonable doubt of the crime
from each other. 8
of rape defined in and penalized by Art. 335 of the Revised Penal
Accusedappellant was questioned by the trial court. He
Code, as amended by Rep. Act 7659, and hereby sentences the said
testified that on December 22, 1996, he was on duty from 4
accused to suffer the penalty of reclusion perpetua. The accused is
p.m. to 12 midnight. He was a stayin nurseaide of the
further ordered to indemnify the victim Nieva Garcia y Saban the 1. (1)delusions
amount of P50,000.00, as moral damages.
IT IS SO ORDERED. 2. (2)hallucinations
Accusedappellant contends that the trial court erred in
convicting him of rape. 12
3. (3)disorganized speech (e.g., frequent derailment or
Complainant is suffering from schizophrenia, a psychotic incoherence)
disorder of unknown etiology, characterized by disturbance
in thinking involving a distortion of the usual logical 4. (4)grossly disorganized or catatonic behavior
relations between ideas, a separation between the intellect
and the emotions so that the patient’s feelings and his or her 5. (5)negative symptoms, i.e., affective flattening, alogia,
manifestations seem inappropriate to his or her life or avolition
situation, and a reduced tolerance for the stress of
interpersonal relations so that the patient retreats from Note: Only one criterion A symptom is required if delusions are
social bizarre or hallucinations consist of a voice keeping up a running
_______________ commentary on the person’s behavior or thoughts, or two or more
voices conversing with each other.
Id., pp. 68.
9
Id., pp. 8n.
10
1. B.Social/occupational dysfunction: For a significant
Rollo, pp. 1422.
portion of the time since the onset of the disturbance,
11
Id., p. 42.
12
one or more major areas of functioning such as work,
664
664 SUPREME COURT REPORTS ANNOTATED interpersonal relations, or selfcare are markedly
People vs. Baid below the level achieved prior to the onset (or when
intercourse into his or her own fantasy life and commonly the onset is in childhood or adolescence, failure to
into delusions and hallucinations, and may, when untreated achieve expected level of interpersonal, academic, or
or unsuccessfully treated, go on to marked deterioration or occupational achievement).
regression in his or her behavior though often
unaccompanied by further intellectual loss. The following
13 2. C.Duration: Continuous signs of the disturbance
are the symptoms of schizophrenia: persist for at least 6 months. This 6month period
must include at least 1 month of symptoms (or less if
1. A.Characteristic symptoms: Two (or more) of the successfully treated) that meet criterion A (i.e.,
following, each present for a significant portion of activephase symptoms) and may include periods of
time during a 1month period (or less if successfully prodromal or residual symptoms. During these
treated): prodromal or residual periods, the signs of the
disturbance may be manifested by only negative
symptoms or two or more symptoms listed in Schizophrenia is classified into five subtypes, namely,
criterion A present in an attentuated form (e.g., odd paranoid, disorganized (hebephrenic), catatonic,
beliefs, unusual perceptual experiences). undifferentiated, and residual. 15
Dr. Herminigilda Salangad, the complainant’s attending
3. D.Schizoaffective and mood disorder psychiatrist and consultant at the Medical Center in
exclusion:Schizoaffective disorder and mood disorder Muntinlupa, the Perpetual Help Medical Center, the
with features have been ruled out because either (1) Philippine National Police, and the Holy Spirit Clinic, was
no major depressive, manic, or mixed episodes have presented as an expert witness. According to her,
occurred concurrently with the activephase complainant was, at the time of the incident, suffering from
symptoms; or (2) if mood symptoms, their an undifferentiated type of schizophrenia, described as
having the characteristic symptoms of schizophrenia but
_______________ does not fit the profile for paranoid, disorganized, or
catatonic schizophrenia. Dr. Salangad stated that
WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY
13
(unabridged) 2030 (1993).
complainant seemed to shift from one type of schizophrenia
665 to another. Complainant was catatonic when she first
VOL. 336, JULY 31, 2000 665 treated her, a situation where the patient shows waxy
People vs. Baid flexibility (e.g., when a limb is repositioned, that limb
remains in that position for a prolonged period of time as if
1. total duration has been brief relative to the duration the patient is made of wax), mutism or agitation, and the
of the active and residual periods. patient mimics words and actions during examination.
Later, complainant became paranoid, i.e., suspicious, hostile
2. E.Substance/general medical condition exclusion: The
and aggressive. She also manifested a behavior where she
disturbance is not due to the direct physiological mumbled and smiled to herself. 16
Rule 130, §§2021.
18
between her sworn statement and her testimony in court; (2)
667
the prosecution failed to present witnesses to corroborate her VOL. 667
testimony; (3) complainant failed to identify accused 336,
appellant; (4) the results of the medicolegal examination JULY
were negative for spermatozoa; (5) the healed lacerations 31, 2000
showed that complainant had sexual intercourse seven days People vs. Baid
before the alleged incident; and (6) the probability was that name when asked, answered the name Eric Baid) and that
her allegations of rape were merely a product of her fantasy. 17
person is smaller than the person inside the courtroom was
We disagree. disturbing “kinakalabit” another person inside the room.
Notwithstanding her mental illness, complainant showed Q And what happened after that first man entered the room at the
that she was qualified to be a witness, i.e., she could perceive Holy Spirit Clinic?
A The girl was trying to avoid the other person because at that
and was capable of making known her perceptions to
time, the accused Eric Baid was entering the room.
others. Her testimony indicates that she could understand
18
on top of your bed? When complainant was questioned on cross and redirect
A Yes, sir. examination, she explained how she was able to identify
Q And what happened during the sexual intercourse while both of you accusedappellant, to wit:
were on top of the bed? ATTY. SALATANDRE:
A Somebody was awakened and told me, “Hoy, asawa mo ba iyan? Q You said a while ago that when the sex affair happened it was dark
Kinukubabawan ka.” and I answered no. so all throughout you did not see the face of the accused?
Q And was Eric Baid, was he able to consummate that sexual int A During that time it was dark but the latter part when he opened the
ercourse, Miss Witness? light, I saw his face, sir.
A Yes, sir. Q When the light was opened, he was about to leave the room?
Q And more or less, how long did the sexual intercourse last, Miss A About to leave, sir.
Witness? Q He was already facing the door?
A Around three to five minutes. A Yes, sir.
Q And you were at his back left inside the room? A Yes, sir.
A No, sir. Q And when you said that room was dark, is it totally dark or was it
Q Where were you then? only a little dark?
A I was just inside the room in my bed not at his back, sir. A Little light, sir. It was a little bit dark and a little bit light. (medyo
Q You were already on your bed when he was about to leave the room? may ilaw)
A Yes, sir. Q So the time that you had sexual intercourse with the accused at that
Q At that time that sex affair transpired between you and the acc used, time, you can identify the face of this person?
you did not even know his name? A Yes, sir.
A Yes, sir. COURT: (to the witness)
Q You were only told later on about this person? Q You said that medyo may ilaw, where was the light emanating at
A Yes, sir. about 3:00 in the morning?
ATTY. SALATANDRE: (to the Court) A From the window outside, the room can be illuminated through the
That will be all, Your Honor. window, Your Honor.
COURT: Q So when the light came from outside, was the source from the
Any redirect? moon, from the bulb of the Meralco post or from another light
PROSECUTION: coming from another building or house?
Yes, your Honor. A It is the light actually coming from the ceiling of the building of the
_______________ clinic which was outside the window, Your Honor. 20
Though she may have exhibited emotions inconsistent with
TSN (Nieva Garcia), pp. 38, April 10, 1997.
19
Q You said that you were only able to identify the accused whe nhe put 671
on the lights, when he was about to leave the room, how far were VOL. 336, JULY 31, 2000 671
you from the accused? People vs. Baid
A This distance, sir. (parties stipulated a distance of four meters, more Otherwise, complainant was candid, straightforward, and
or less)
coherent.
Q You said that you saw his face at that time?
Furthermore, aside from the testimony of Dr. Salangad on
A Yes, sir.
Q And before this incident of December 22, 1996, were there any
complainant’s consciousness and memory, it is established
21
other occasion that he had any sexual intercourse with you? that schizophrenic persons do not suffer from a clouding of
A None, sir. consciousness and gross deficits of memory. It has long been
22
339 (1996).
of mental handicap alone. 23
672
With regard to the alleged inconsistencies between 672 SUPREME COURT REPORTS ANNOTATED
complainant’s sworn statement and her testimony as to the
24
the evidence for the prosecution, particularly complainant’s The plausibility of an allegation of rape does not depend
sworn statement and her interview with the examining on the number of witnesses presented during the trial, so
medicolegal officer, shows that accusedappellant had much so that, if the testimonies so far presented clearly and
sexual intercourse with her in different positions at various credibly established the commission of the crime,
places in the same room. When complainant testified, she corroborative evidence would only be a mere surplusage. In 27
stated that, aside from the fact that accusedappellant had this case, the trial court gave credence to the testimonies of
sexual intercourse with her on her bed, he made her transfer the prosecution witnesses on the basis of which it adjudged
later under the bed. Be that as it may, complainant has accusedappellant guilty. In the absence of bias, partiality,
consistently established in all of her statements that he had and grave abuse of discretion on the part of the presiding
sexual intercourse with her on her bed. Whether or not he judge, his findings as to their credibility are entitled to
had sex with her near the window and while facing him is of utmost respect as he had the opportunity to observe their
no moment and does not negate the finding of rape. demeanor on the witness stand. 28
Whatever may be the inconsistencies in her testimony, they Nor does the absence of spermatozoa in the genitalia of
are minor and inconsequential. They show that complainant destroy the finding of rape since ejaculation is
complainant’s testimony was unrehearsed, and rather than never an element thereof. What consummates the felony is
29
diminish the probative value of her testimony, they reinforce the contact of the penis of the perpetrator, however slight, to
it.
25
the vagina of his victim without her consent. Neither is it
30
In the case at bar, the rape of complainant occurred in a required that lacerations be found in the victim’s hymen. We
room where other patients were sleeping. This circumstance, have held that a medical examination is not a requisite for a
it is argued, is antithetical to the possibility of the rape charge to prosper as long as the victim categorically and
commission of rape. As this Court has repeatedly said, lust is consistently declares that she has been defiled. In this case, 31
before the police were both done on December 22, 1996. Her direct testimony
been hallucinating in alleging that she had sexual
was presented on April 10, 1997. The rest of her testimony was proffered on
intercourse with him on December 22, 1996. In answer, April 24, 1997.
suffice it to say that complainant was steadfast and 674
consistent in stating that she was raped by accused 674 SUPREME COURT REPORTS ANNOTATED
appellant. She maintained her allegation of rape when she People vs. Baid
was physically examined by the medicolegal officer, when Q In other words, she would not know the consequences of her
she made her statement to the police and again when she consenting to such a proposal to have sex?
testified in court. 33 A Yes, Your Honor.
Accusedappellant assails the trial court’s finding of lack ATTY. SALATANDRE:
Q She can not give an intelligent consent to sex, your patient?
of consent on the part of the complainant to the sexual act.
A Yes, sir.
As the facts show, complainant herself admitted that she
Q Meaning she will just agree?
agreed to have sex with him after he gave her a stick of A She has said so when I asked her. She was just offered a cigarette.
cigarette. However, it should be stressed that complainant Q Meaning if she opens her legs, she does not understand what she
was in no position to give her consent. As Dr. Salangad said was doing?
in her testimony: A She probably knew what she was doing but when we say an int
COURT: elligent consent, she has weighed the pros and cons on an action and
Q If you claim that the private complainant is suffering from this kind of its future significance and also based on the upbringing, sir.
illness, schizophrenia, and manifests behavior to the effect that she Q That she was on top of the bed, then the accused allegedly opened
can not be active during lucid intervals now if she is suffering from the zipper of his pants and pulled down the pants up to his knees and
this kind or mental state, can she give an intelligent consent placed himself on top of the patient and tried to insert his organ to
her organ and the girl said she agreed to it because she likes it, does qualifications in the trial court. On the contrary, he even
it mean all those things that transpired she does not know or crossexamined her on the matters on which she testified. In
understand what was happening? accordance with Rule 132, §36, objections not timely raised
A She knew what was happening but there is a difference in her are deemed waived.
judgment, in her discernment. A child can be asked to lie down and The fact that Dr. Salangad was hired by the family of
knows that somebody was on top of him or her and that is the thing complainant to give expert testimony as a psychiatrist did
of being aware. But the judgment of the consent its elf, the
not by that fact alone make her a biased witness and her
significance, the effect, we all know that a normal person does not
testimony unworthy of consideration. As has been said:
do these unless he or she contemplates it.
. . . Although courts are not ordinarily bound by expert
Q I just do not know if I am correct, my interpretation about what you
testimonies, they may place whatever weight they choose upon
are saying is that physically they are doing that, meaning the organ
such testimonies in accordance with the facts of the case. The
of the accused was inserted into the organ of the patient allegedly
relative weight and sufficiency of expert testimony is peculiarly
but the girl did not resist, the girl did not comment whatsoever
within the province of the trial court to decide, considering the
because she did not understand what is happening?
ability and character of the witness, his actions upon the witness
COURT:
stand, the weight and process of the reasoning by which he has
No, she did not say that she did not understand what was happening,
supported his opinion, his possible bias in favor of the side for
she can not discern.
whom he testifies, the fact that he is a paid witness, the relative
A Let me give you a little information. In the psychological state of
opportunities for study and observation of the matters about
mentally ill patients, the basic instinct of a person is very prominent.
which he testifies, and any other matters which deserve to
They respond, they eat and they can have sex, that is normal and illuminate his statements. The opinion of the expert may not be
they are just responding on the level of their basic instinct. When arbitrarily rejected; it is to be considered by the court in view of all
you are a mature person or a normal person the facts and circumstances in the case and when common
675
knowledge utterly fails, the expert opinion may be given
VOL. 675
controlling effect (20 Am. Jur., 10561058). The problem of the
336,
credibility of the expert witness and the evaluation of his
JULY 31,
testimony is left to the discretion of the trial court whose ruling
2000
thereupon is not reviewable in the absence of an abuse of that
People vs. Baid
discretion. 35
and you have attained maturity and clearness of mind, you ________________
now, of course, try to put things into their proper perspective,
socially and morally, that is where upbringing and education TSN (Dr. Salangad), pp. 89, 1617, April 23, 1997.
34
come in. I would say that the patient’s case, she is more Espiritu v. Court of Appeals, 242 SCRA 362 (1995); Solomon v.
35
Intermediate Appellate Court, 185 SCRA 352 (1990).
responding in an instinctual level without the use of intellect.
34
676
Accusedappellant questions in this appeal the qualifications
676 SUPREME COURT REPORTS ANNOTATED
of Dr. Salangad as an expert witness. However, he cannot do
People vs. Baid
this now as he did not raise any objection to Dr. Salangad’s
It has not been shown in this case that the trial court abused held that where the rape victim is feebleminded, the force
its discretion in appreciating the testimony of Dr. Salangad required by the statute is the sexual act itself. 37
so as to justify setting aside its findings. _______________
Art. 335 of the Revised Penal Code, as amended by R.A.
People v. Almacin, 303 SCRA 399 (1999).
36
No. 7659, provides: Id.
37
ART. 335. When and how rape is committed.—Rape is committed 677
by having carnal knowledge of a woman under any of the following VOL. 336, JULY 31, 2000 677
circumstances. People vs. Baid
Even assuming then that the complainant consented to have
1. (1)By using force or intimidation; sexual intercourse with accusedappellant, the copulation
would fall under the third paragraph of Art. 335 of the
2. (2)When the woman is deprived of reason or otherwise
Revised Penal Code in view of the fact that complainant was
unconscious; and
mentally ill. Sexual intercourse with an insane, deranged, or
3. (3)When the woman is under twelve years of age or is mentally deficient, feebleminded, or idiotic woman is rape,
demented. pure and simple. 38
follow, they are bosses in the clinic, they are in that kind of situation The trial court correctly awarded moral damages in the
always, Your Honor.
amount of P50,000.00, in accordance with our recent rulings
Q That explains your presence during the investigation?
that moral damages may be awarded in rape cases without
A To assist her in order that she is not afraid and in response to earlier
question of counsel if the patient was directly threat-
any need of proof of moral suffering. However, in addition,
_______________ civil indemnity in the amount of P50,000.00 should have
been awarded the complainant consistent with the ruling
People v. Atuel, 261 SCRA 339 (1996).
38
that rape victims are entitled to such an award without need
Exhibit D1; Records, p. 6.
39
678 SUPREME COURT REPORTS ANNOTATED the other hand, the plea of the prosecution that the
People vs. Baid indemnity should be raised to P75,000.00 cannot be granted
ened or intimidated during the act, I am giving you a general _______________
are restrained if they go out of line, they are ones who restrain them, People v. Magpantay, 284 SCRA 96 (1998).
41
defense. He claimed that, at the time of the incident, he was 679
VOL. 336, JULY 31, 2000 679
in his quarters at the Holy Spirit Clinic sleeping. For the
People vs. Baid
defense of alibi to be believed, the following requisites must
because such amount is awarded only in cases of qualified
be met: (a) his presence at another place at the time of the
rape. In this case, there were no qualifying circumstances
perpetration of the offense must be proven; and (b) it was
raising the penalty to death.” 44
physically impossible for him to be at the scene of the crime. 41
WHEREFORE, the decision of the Regional Trial Court,
Accusedappellant’s testimony itself demonstrates the
Branch 95, Quezon City is AFFIRMED with the modification
untenability of his alibi. First, his declaration that he was in
that, in addition to the award of P50,000.00 for moral
another room of the clinic is uncorroborated. Second, the
damages made by the trial court, complainant should be
room in which he said he was sleeping at that time of the
indemnified in the amount of P50,000.00.
incident was only a few meters away from the patients’ room
SO ORDERED.
where complainant was confined. Third, he admitted that, as
a nurseaide, he was allowed to enter the patients’ room Quisumbing, Buena and De Leon, Jr., JJ., concur.
anytime for purposes of checking on the patients. Above all, Bellosillo (Chairman), J., On leave.
Judgment affirmed with modification.
Notes.—Where the woman appeared to have enjoyed the
sexual adventures, there could be no intimidation which
deprived her of reason. (People vs. Canillo, 236 SCRA
22 [1994])
Although schizophrenia is not exempting if it does not
completely deprive the offender of the consciousness of his
acts, it may nevertheless be considered mitigating under
Article 13(9) if it diminishes the exercise of his will power.
(People vs. Banez, 301 SCRA 248 [1999])
——o0o——
_______________
People vs. Lasola, G.R. No. 123152, Nov. 17, 1999, 318 SCRA 241.
44
680
© Copyright 2018 Central Book Supply, Inc. All
rights reserved.
SO ORDERED. * SECOND DIVISION.
547
Quisumbing (Chairperson), CarpioMorales, VOL. 584, APRIL 7, 2009 547
Tinga andVelasco, Jr., JJ., concur. People vs.Honor
Judgment affirmed with modification. nied to the appellate courts. When the credibility of the
Note.—For the defense of alibi to prosper, the witnesses is at issue, appellate courts will not disturb the findings
of the trial court, the latter being in a better position to decide the
requirements of time and place (or distance) must be strictly
question, having heard the witnesses and observed their
met. (People vs. De Guzman, 416 SCRA 341 [2003]) deportment and manner of testifying during the trial unless
——o0o—— certain facts of substance and value had been overlooked,
misunderstood or misappreciated which, if considered, might
G.R. No. 175945. April 7, 2009.* affect the results of the case.
[Formerly G.R. Nos. 15321112] Same; Same; Defense of Alibi; The positive identification of
PEOPLE OF THE PHILIPPINES, appellee, vs. LOLITO the assailant, when categorical and consistent and made without
HONOR y ALIGWAY, ALBERTO GARJAS y EMPIMO, any ill motive on the part of the prosecution witnesses, prevails
NOEL SURALTA y PAñA, and PEDRO TUMAMPO yNAYA, over alibi and denial which are negative, selfserving and
appellants. undeserving of weight in law. The defense of denial, like alibi, is
Evidence; Testimonial Evidence; Findings of facts and considered with suspicion and is always received with caution, not
assessment of credibility of witnesses is a matter best left to the only because it is inherently weak and unreliable, but also because
trial court because of its unique position of having observed the it can be fabricated easily.—The positive identification of the
witnesses’ deportment on the stand while testifying, which assailant, when categorical and consistent and made without any
ill motive on the part of the prosecution witnesses, prevails over
opportunity is denied to the appellate courts. When the credibility
alibi and denial which are negative, selfserving and undeserving
of the witnesses is at issue, appellate courts will not disturb the
of weight in law. The defense of denial, like alibi, is considered
findings of the trial court, the latter being in a better position to with suspicion and is always received with caution, not only
decide the question, having heard the witnesses and observed because it is inherently weak and unreliable, but also because it
their deportment and manner of testifying during the trial unless can be fabricated easily.
certain facts of substance and value had been overlooked, Same; Same; Same; The positive identification of the accused
misunderstood or misappreciated which, if considered, might is supported by the corroborating testimony of the medical officer
affect the results of the case.—Findings of facts and assessment of who attended the victims as to the nature and location of the
credibility of witnesses is a matter best left to the trial court wounds. This, coupled with the accused’s weak defense of denial
because of its unique position of having observed the witnesses’ and alibi, amounts to proof beyond reasonable doubt that the
deportment on the stand while testifying, which opportunity is de accused were indeed guilty.—The positive identification of the
_______________ accused is supported by the corroborating testimony of the medical
officer who attended the victims as to the nature and location of
the wounds. This, coupled with the accused’s weak defense of by the Regional Trial Court (RTC) of Ormoc City, Branch 35
denial and alibi, amounts to proof beyond reasonable doubt that in a murder case against appellants Lolito Honor and
the accused were indeed guilty. Alberto Garjas.
Criminal Law; Treachery; There is treachery when the means, The facts in this case are as follows:
methods and forms of execution employed gave the person attacked In an Information2 dated February 12, 2001, Lolito Honor,
no opportunity to defend himself or to retaliate; and such means, Alberto Garjas, Noel Suralta, and Pedro Tumampo were
methods and forms of execution were deliberately and consciously charged with murder before the RTC of Ormoc City, Branch
adopted by the accused without danger to his person. What is 35 as follows:
decisive in an appreciation of treachery is that the execution of the
_______________
attack made it
548 1 Rollo, pp. 48. Penned by Associate Justice Agustin S. Dizon, with
5 SUPREME COURT REPORTS ANNOTATED Associate Justices Pampio A. Abarintos and Priscilla BaltazarPadilla,
48 concurring.
People vs.Honor 2 Records, pp. 23.
549
impossible for the victim to defend himself.—The killing of
VOL. 584, APRIL 7, 2009 549
Nodalo and of Argallon, in our considered view, were attended by
treachery. There is treachery when the means, methods and forms People vs.Honor
of execution employed gave the person attacked no opportunity to “That on or about the 3rd day of February, 2001, at past 9:00
defend himself or to retaliate; and such means, methods and forms o’clock in the evening, at corner Real and Aviles Sts., this City,
of execution were deliberately and consciously adopted by the and within the jurisdiction of this Honorable Court, the above
accused without danger to his person. What is decisive in an named accused: LOLITO HONOR y Aligway, ALBERTO
appreciation of treachery is that the execution of the attack made GARJAS y Empimo, NOEL SURALTA y Paña and PEDRO
it impossible for the victim to defend himself. In this case, the TUMAMPO y Naya, conspiring together, confederating with and
victims were unarmed and on their way home when they were mutually helping and aiding one another, with treachery, evident
suddenly attacked and stabbed, hence they were helpless and premeditation and intent to kill, and with the use of bladed
without means of defending themselves. weapons, did then and there willfully, unlawfully and feloniously
APPEAL from a decision of the Court of Appeals. attack, stab and wound the victims herein, HENRY ARGALLON
The facts are stated in the opinion of the Court. and NESTOR NODALO, without giving them sufficient time to
defend themselves, thereby inflicting upon said Henry Argallon
The Solicitor General for appellee.
and Nestor Nodalo mortal wounds which cause[d] their death.
Public Attorney’s Office for appellant. MedicoLegal Certificates are hereto attached.
QUISUMBING, J.: In violation of Article 248, RPC, as amended by RA 7659.
On appeal is the Decision1 dated September 28, 2006 of Ormoc City, February 12, 2001.” 3
the Court of Appeals in CAG.R. CEBCRH.C. No. 00224. It
had affirmed with modification the guilty verdict rendered
Another Information dated February 12, 2001 charged the During arraignment on March 13, 2001, Honor and
abovementioned accused for frustrated murder of Randy Garjas pleaded not guilty.6 Since Suralta and Tumampo
Autida on the same date and occasion, as follows: remained at large, trial proceeded only against Honor and
“That on or about the 3rd day of February, 2001 at around 9:00 Garjas.
o’clock in the evening, at corner Real and Aviles Sts., this City, The prosecution presented eyewitness Rey Panlubasan, a
and within the jurisdiction of this Honorable Court, the above farm worker of a sugar plantation in Torrevillas and a
named accused: LOLITO HONOR y Aligway, ALBERTO resident of Brgy. Juaton, Ormoc City. Panlubasan testified
GARJAS y Empimo, NOEL SURALTA y Paña and PEDRO that the victims Nestor Nodalo, Henry Argallon and Randy
TUMAMPO yNaya, conspiring together, confederating with and Autida worked under his supervision in said sugar
mutually helping and aiding one another, with treachery, evident plantation. On February 3, 2001, at about 5:00 p.m., after
premeditation and intent to kill, did then and there willfully,
receiving their wages, seven of them, including the victims,
unlawfully and feloniously, with the use of a bladed weapon,
went to Doris Videoke, a small tavern at the public market of
attack, stab and wound the person of the complainant herein
RANDY AUTIDA, thereby inflicting upon the latter a “stab wound
Ormoc City. Their group occupied the first table at the
2.5 cm. posterior axillary line at the level of T5T6, penetrating tavern while another group of four individuals—whom he
chest cavity”, thus performing all the acts of execution which later recognized as the accused Lolito Honor, Alberto Garjas,
would have produced the crime of murder but which did not, by Noel Suralta and Pedro Tumampo—occupied the second
reason of causes independent of accused’s will, that is, by the able table about 2 ½ meters away from them. There were only
and timely medical assistance given the said Ran[d]y Autida, two groups having a drinking spree then: their group and the
which prevented his death. MedicoLegal Certificate is hereto group of the accused. After having consumed 1 ½ gallons of
attached. tuba, at around 9:00 p.m. of the same day, Nestor Nodalo
_______________
accidentally dropped a bottle of Mallorca which he was
holding near the table of the accused. The group of the
3 Id., at p. 2. accused then stared at them angrily. After a while,
550 Panlubasan’s group left the bar to go home. His group
550 SUPREME COURT REPORTS ANNOTATED walked along Real Street towards Aviles
People vs.Honor
In violation of Article 248 in rel. to Art. 6, Revised Penal Code. _______________
Ormoc City, February 12, 2001.” 4
20 Id., at pp. 6061.
As to the second issue, we are in agreement that there is appreciation of treachery is that the execution of the attack
proof beyond reasonable doubt concerning the guilt of the made it impossible for the victim to defend himself. 29 In this
accused. case, the victims were unarmed and on their way home when
The positive identification of the assailant, when they were suddenly attacked and stabbed, hence they were
categorical and consistent and made without any ill motive helpless and without means of defending themselves.
on the part of the prosecution witnesses, prevails over alibi Article 248 of the Revised Penal Code provides:
and denial which are negative, selfserving and undeserving “ART. 248. Murder.—Any person who, not falling within the
of weight in law. The defense of denial, like alibi, is provisions of Article 246, shall kill another, shall be guilty of
considered murder and shall be punished by reclusion perpetua, to death if
committed with any of the following attendant circumstances:
_______________ 1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to weaken the
25 People v. Malejana, G.R. No. 145002, January 24, 2006, 479 SCRA
defense, or of means or persons to insure or afford impunity;
610, 620.
2. In consideration of a price, reward, or promise;
26 People v. Sades, supra at pp. 725726.
3. By means of inundation, fire, poison, explosion, shipwreck,
27 Id., at p. 726.
558 stranding of a vessel, derailment or assault upon a railroad, fall of
558 SUPREME COURT REPORTS ANNOTATED
_______________
People vs.Honor
with suspicion and is always received with caution, not only 28 Id., at p. 727.
because it is inherently weak and unreliable, but also 29 Id., at pp. 727728.
559
because it can be fabricated easily.28
VOL. 584, APRIL 7, 2009 559
In this case, the positive identification of the accused is
People vs.Honor
supported by the corroborating testimony of the medical
an airship, by means of motor vehicles, or with the use of any
officer who attended the victims as to the nature and
other means involving great waste and ruin;
location of the wounds. This, coupled with the accused’s 4. On occasion of any of the calamities enumerated in the
weak defense of denial and alibi, amounts to proof beyond preceding paragraph, or of an earthquake, eruption of a volcano,
reasonable doubt that the accused were indeed guilty. destructive cyclone, epidemic, or any other public calamity;
The killing of Nodalo and of Argallon, in our considered 5. With evident premeditation;
view, were attended by treachery. There is treachery when 6. With cruelty, by deliberately and inhumanly augmenting
the means, methods and forms of execution employed gave the suffering of the victim, or outraging or scoffing at his person or
the person attacked no opportunity to defend himself or to corpse.” (Emphasis supplied.)
retaliate; and such means, methods and forms of execution The qualifying circumstance of treachery having been
were deliberately and consciously adopted by the accused established, the crime committed by the appellants is
without danger to his person. What is decisive in an murder in accordance with Article 248 of the Revised Penal
Code abovementioned. Since there is no aggravating As for damages, the accused should be made jointly and
circumstance and no mitigating circumstance, the penalty to severally liable for damages, conspiracy being attendant to
be imposed should be in its minimum period which the killings.
is reclusion perpetua, pursuant to the abovecited Revised When death occurs due to a crime, the following may be
Penal Code provision. recovered: (1) civil indemnity ex delicto for the death of the
Two deaths having resulted from the treacherous attack, victim; (2) actual or compensatory damages; (3) moral
the OSG correctly argues that the accused should be damages; (4) exemplary damages; (5) attorney’s fees and
sentenced for two counts of murder. The Information dated expenses of litigation, and (6) interest, in proper cases.33
February 12, 2001 charged them for two distinct offenses of The award for civil indemnity is mandatory and is
murder on the persons of Nestor Nodalo and Henry Argallon. granted to the heirs of the victim without need of proof other
Although under Section 1330 Rule 110 of the Rules of Court, than the commission of the crime. Hence, based on current
an information must charge only one offense, the accused jurisprudence, the award of civil indemnity ex delicto of
failed to file a motion to quash information and thus waived P75,000 in favor of the heirs of each of the two victims
their right to be tried for only one crime under one Nestor Nodalo and Henry Argallon, to be paid jointly and
information pursuant to Section 931Rule 117 of the Rules of severally by accused Honor and Garjas is in order. 34 Moral
Court. damages in the amount of P50,000 are also properly awarded
in view of the violent deaths of each of the victims and the
_______________
resultant grief to their respective families, 35 which damages
30 SEC. 13. Duplicity of the offense.—A complaint or information must have likewise to be paid jointly and severally by accused
charge only one offense, except when the law prescribes a single punishment Honor and Gajas.
for various offenses. WHEREFORE, the Decision dated September 28, 2006 of
31 SEC. 9. Failure to move to quash or to allege any ground therefore.—
the Court of Appeals in CAG.R. CEBCRH.C. No. 00224
The failure of the accused to assert any ground of a motion to quash before
he pleads to the complaint or information, either because he did not file a affirming with modification the Joint Judgment dated
motion to quash or failed to allege the same in said motion, shall be deemed November 20, 2001 of the Regional Trial Court of Ormoc
a waiver of any objections except those based on the grounds provided for in City, Branch 35 is AFFIRMED with MODIFICATION.
paragraphs (a), (b), (g), and (i) of Section 3 of this Rule.
Appellants Lolito Honor and Alberto Garjas are each found
560
560 SUPREME COURT REPORTS ANNOTATED
GUILTY beyond reasonable doubt of two counts of MURDER
People vs.Honor as de
Moreover, an appeal in a criminal case opens the wholecase _______________
for review and this includes the penalty, which may be
increased.32 32 Obosa v. Court of Appeals, G.R. No. 114350, January 16, 1997, 266
SCRA 281, 301.
33 People v. Tubongbanua, G.R. No. 171271, August 31, 2006, 500 SCRA
727, 742.
34 Id.
35 Id., at p. 743.
561
VOL. 584, APRIL 7, 2009 561
People vs.Honor
fined in Article 248 of the Revised Penal Code, qualified by
treachery with no aggravating circumstance or mitigating
circumstance. For each count of murder, the sentence
of reclusion perpetua is imposed on each of the appellants.
Appellants are further ORDERED to jointly and severally
pay the heirs of Nestor Nodalo the amounts of P75,000 as
civil indemnity and P50,000 as moral damages, both with
interest at the legal rate of six percent (6%) per annumfrom
this date until fully paid. The same amounts of P75,000 as
civil indemnity and P50,000 as moral damages shall also be
paid jointly and severally by the accused to the heirs of
Henry Argallon, both with the same legal rate of interest
until fully paid.
Costs de oficio.
SO ORDERED.
CarpioMorales, Tinga, Velasco, Jr. and Brion, JJ.,
concur.
Judgment affirmed with modification.
Note.—Wellsettled is the legal principle that a
categorical and positive identification of an accused, without
any showing of illmotive on the part of the eyewitness
testifying on the matter, prevails over alibi and denial.
(People vs. Rentoria, 533 SCRA 708 [2007])
——o0o——
© Copyright 2018 Central Book Supply, Inc. All
rights reserved.
may be dispensed with in order that the ends of justice may * SECOND DIVISION.
313
be served. (Kimberly Independent Labor Union for
VOL. 587, APRIL 30, 2009 313
Solidarity, Activism and Nationalism [KILUSAN]Organized People vs. Dioneda
Labor Associations in Line Industries and Agriculture Public Attorney’s Office for respondent.
[OLALIA] vs. Court of Appeals, 528 SCRA 45 [2007]; De Los CARPIOMORALES,** J.:
Santos vs. Vda. de Mangubat, 535 SCRA 411 [2007]) On appeal is the January 31, 2007 Decision 1 of the Court
of Appeals in CAG.R. CRH.C. No. 02096 which affirmed
——o0o—— with modification the February 4, 2004 Decision of Branch
107 of the Regional Trial Court in Quezon City finding
Salomon Dioneda y Dela Cruz2 a.k.a. Simon Dioneda Dela
G.R. No. 180923. April 30, 2009.* Cruz (appellant) guilty of raping six year old AAA 3 in
PEOPLE OF THE PHILIPPINES, appellee, vs. SALOMON Criminal Case No. Q0094913.
Appellant, by Information filed on August 29, 2000, was
DIONEDA Y DELA CRUZ a.k.a. SIMON DIONEDA DELA
charged for rape as follows:
CRUZ, appellant.
“That on or about the 27th day of August, 2000 in Quezon City,
Evidence; Testimonial Evidence; Trivial inconsistencies and Philippines, the abovenamed accused, a minor 17 years of age, by
inconsequential discrepancies on minor details in the testimonies means of force and intimidation, with lewd designs, did, then and
of witness do not impair their credibility. They could, in fact, be there, willfully, unlawfully and feloniously put himself on top of
badges of truth for they manifest spontaneity and erase any one AAA, a minor 6 years of age, and thereafter have carnal
suspicion of a rehearsed testimony.—Forthright witnesses are not knowledge with said complainant against her will and without her
immune from committing minor inaccuracies in their narration of consent, to her damage and prejudice.
events. Trivial inconsistencies and inconsequential discrepancies
_______________
on minor details in the testimonies of witness do not impair their
credibility. They could, in fact, be badges of truth for they manifest ** Acting Chairperson.
spontaneity and erase any suspicion of a rehearsed testimony. As 1 Penned by Associate Justice Vicente Q. Roxas and concurred in by
long as the inconsistencies are immaterial or irrelevant to the Associate Justices Josefina GuevarraSalonga and Ramon R. Garcia; CA Rollo,
pp. 130145.
elements of the crime and do not touch on material facts crucial to
2 The assailed Court of Appeals Decision noted that appellant “uses the
the guilt or innocence of the accused as in the present case, these
name Salomon Dioneda y Dela Cruz and the Information identifies him as
are not valid grounds to reverse a conviction. bearing that name. However, his birth certificate bears the
APPEAL from a decision of the Court of Appeals. name Simon Dioneda y Dela Cruz” (id., at p. 131, note 2).
The facts are stated in the opinion of the Court. 3 Pursuant to Section 44 of Republic Act (R.A.) No. 9262, otherwise known
as THE ANTIVIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004, and
The Solicitor General for petitioner. Section 63, Rule XI of the Rules and Regulations Implementing R.A. 9262, the
real name of the victim is withheld to protect her privacy. Fictitious initials are
_______________ used instead to represent her. Likewise, the personal circumstances or any other
information tending to establish or compromise her identity, as well as those of 4 Records, pp. 14.
her family members shall not be disclosed. 5 His real name is withheld for the same reason as stated in note 3.
314 6 Her real name is likewise withheld for similar reason stated in note 3.
314 SUPREME COURT REPORTS ANNOTATED 7 Vide. Exhibit “A” (AAA’s Birth Certificate), Transcript of Stenographic
People vs. Dioneda Notes (TSN), January 16, 2000, pp. 45; January 20, 2002, pp. 45.
CONTRARY TO LAW.” 4 8 TSN, October 9, 2003, p. 4.
9 TSN, May 25, 2001, p. 12.
Through the testimonies of AAA, her parents BBB 5 and
315
CCC,6 Dr. Jaime Rodrigo Leal, Eddie Roque and SPO3 VOL. 587, APRIL 30, 2009 315
Violeta Balanse, the prosecution proffered the following People vs. Dioneda
version: She stood up, put on her panties and ran straight to her
At about 6:00 o’clock in the evening of August 27, 2000, house crying.10
AAA, then six (6) years old, she having born on May 14, 1994 Her parents asked her why she was crying to which she
to BBB and CCC,7 went to her neighbor Ruth Dajao’s three
replied that her vagina was aching because “Kuya Jong,”
storey house at Belen Street, Gulod, Novaliches, Quezon City
whom she identified as appellant, did something bad to her.
with the intention of playing with the latter’s son, Iking
She thereupon showed them her “kikay,” referring to her
(Iking).8 On reaching the first floor, AAA met appellant, a
vagina, and her panties with bloodstains. 11 She related that
helper of the Dajao family who usually goes to her residence,
appellant went on top of her and placed his penis in her
who told her that Iking was already asleep at the third floor.
vagina. Furious, her parents stepped out of the house and
AAA just the same went up the third floor of the house and
looked for appellant.12
saw that Iking was indeed sleeping.9She thus went down and
On seeing appellant in Dajao’s house, BBB tried to attack
decided to go home.
him but was restrained by CCC and several neighbors who
When AAA reached the first floor, appellant prevented
had in the meantime gotten wind of the incident. AAA,
her from leaving, saying “Sandali lang,” he telling her that
together with her parents, reported the incident to the
the two of them were going to play. She refused but
authorities who thereafter arrested appellant.13
appellant held her arm, forcing her to return to the second
Dr. Jaime Rodrigo Leal, the MedicoLegal Officer of the
floor. Appellant caught up with her, however, made her lie
Philippine National Police (PNP), Camp Crame, examined
down on the floor and placed himself on top of her. He then
AAA and found her hymen bruised and an abrasion in the
carried her to a doubledeck bed where he laid her down,
area surrounding the hymen and a 0.3 cm. fresh laceration
removed her panties, undressed himself, went on top of her,
with blood clots at the posterior fourchette, indicating that it
and inserted his penis into her vagina. She experienced pain.
occurred within 24 hours prior to the examination. The
He then wiped her vagina and warned her not to tell the
doctor opined that his findings on AAA’s genitalia were
incident to anybody.
indicative of penetration and consistent with her disclosure
_______________ of sexual abuse.14
AAA’s mother noticed that after the rape incident, AAA “WHEREFORE, IN VIEW OF THE FOREGOING, the
had difficulty urinating and “kinikilig.”15 prosecution having established the guilt of the accused beyond
reasonable doubt, this Court finds the accused SALOMON
Denying the accusation, appellant gave the following
DIONEDA Y DELA CRUZ a.k.a. SIMON DIONEDA Y DELA
version: At around 6:00 to 7:00 o’clock that evening of August
CRUZ, guilty of the offense charged. He is hereby sentenced:
27,
1. To suffer the penalty of reclusion perpetua;
_______________ 2. To pay the private complainant, (AAA) x x x civil
indemnity in the amount of P50,000.00;
10 Id., at pp. 1516. 3. To pay the x x x private complainant the amount of
11 TSN, January 10, 2001, pp. 67. P50,000.00 for exemplary damages;
12 Id., at p. 7; TSN, February 20, 2002, pp. 812. 4. To pay further the x x x private complainant the
13 TSN, March 6, 2003, pp. 27. amount of P50.000.00 as moral damages; and
14 TSN, July 17, 2002, pp. 7, 12; Exhibit “G” dated August 27, 2000 and
5. The accused is hereby ordered, upon his release from
Exhibit “H”; Records, p. 166.
detention, not to approach the private complainant in school,
15 RTC Decision dated February 4, 2004, CA Rollo, p. 34.
316
in the church, in the malls or anywhere else; he shall never
316 SUPREME COURT REPORTS ANNOTATED contact the private complainant either by telephone,
cellphone or send text messages or with the use of any
People vs. Dioneda
electrical device or
2000, he was watching television at the first floor of the
house of the Dajaos. He later gathered the clothes from the _______________
clothesline and saw AAA outside the house holding her toys
and playing with someone he did not know. AAA’s father 16 Id., at pp. 4243.
317
BBB soon appeared and shouted at him, accusing him of
VOL. 587, APRIL 30, 2009 317
having raped her daughter, and was later brought to the People vs. Dioneda
police station where he was detained. even letters, otherwise, the private complainant can seek the
By Decision dated February 4, 2004, the trial court found assistance of this Court.
appellant guilty of rape as charged under Article 266A, SO ORDERED.” 17
paragraph 1(d) of the Revised Penal Code, as amended by The records of the case were forwarded to this Court on
Republic Act (R.A.) No. 8353. appeal of appellant.18 Per People v. Mateo,19 however, the
Considering, however, that appellant was only 17 years Court referred the case to the Court of Appeals by Resolution
old when he committed the crime on August 27, 2000, having of September 28, 2005.20
been born on September 24, 1982 as shown by his birth The appellate court, by Decision of January 31,
certificate, he was credited with the privilege mitigating 2007, affirmed the factual findings of the trial court
circumstance of minority to lower the penalty by one degree but modifiedthe award of exemplary damages from
—reclusion perpetua.16 Thus the trial court disposed:
P50,000.00 to P25,000.00, consistent with prevailing The place where AAA met appellant when she was about
jurisprudence. It thus disposed: to leave the Dajao residence, whether on the ground or
“WHEREFORE, premises considered, the February 4, 2004 second floor is a trivial matter. AAA, a child of tender age,
Decision of the Regional Trial Court of Quezon City, Branch 107, could not be expected to give a perfect recollection of the
in Criminal Case No. Q0094913, is hereby AFFIRMED with exact floor of the house where she met appellant.
MODIFICATION in that exemplary damages are hereby reduced Forthright witnesses are not immune from committing
to P25,000.00. minor inaccuracies in their narration of events. Trivial
Pursuant to Section 13 (c), Rule 124 of the 2000 Rules of inconsistencies and inconsequential discrepancies on minor
Criminal Procedure as amended by A.M. No. 00503SC dated
details in the testimonies of witness do not impair their
September 28, 2004, which became effective on October 15, 2004,
credibility. They could, in fact, be badges of truth for they
this judgment of the Court of Appeals may be appealed to the
Supreme Court by notice of appeal filed with the Clerk of Court of
manifest spontaneity and erase any suspicion of a rehearsed
the Court of Appeals. testimony.22 As long as the inconsistencies are immaterial or
SO ORDERED.” (Emphasis in the original) irrelevant to the elements of the crime and do not touch on
In his Brief, appellant faulted the trial court material facts crucial to the guilt or innocence of the accused
“… IN GIVING FULL WEIGHT AND CREDENCE TO THE as in the present case, these are not valid grounds to reverse
TESTIMONIES OF THE PROSECUTION WITNESSES.” 21 a conviction.23
Appellant assails AAA’s credibility, citing her inconsistent Appellant’s challenge to the assailed decision having
answers regarding the circumstances before the commission failed, and no circumstance which creates reasonable doubt
on his guilt being extant, his conviction must be upheld.
_______________
WHEREFORE, the appeal is DISMISSED. The assailed
17 Id., at p. 44.
Decision of the Court of Appeals in CAG.R. CRH.C. No.
18 Id., at p. 48. 02096 is AFFIRMED.
19 G.R. Nos. 14767887, July 7, 2004, 433 SCRA 640. No costs.
20 CA Rollo, pp. 127128. SO ORDERED.
21 AccusedAppellant’s Brief, id., at p. 57.
318 _______________
318 SUPREME COURT REPORTS ANNOTATED
22 People v. Ortiz, G.R. No. 133814, July 17, 2001, 361 SCRA 274; People
People vs. Dioneda
v. Jamiro, G.R. No. 117576, September 18, 1997, 279 SCRA 290.
of the alleged rape, particularly her testimony on direct
23 People v. Delmo, G.R. Nos. 13007882, October 4, 2002, 390 SCRA
examination that she stopped at the second floor of the
395; People v. Garcia, G.R. No. 117406, January 16, 2001, 349 SCRA 67.
Dajaos’ house where he allegedly told her to wait (“sandali © Copyright 2018 Central Book Supply, Inc. All
lang”) but that on crossexamination she stated that she met rights reserved.
appellant at the ground floor.
Appellant’s appeal is doomed.