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20 Primero Vs CA
20 Primero Vs CA
SUPREME COURT
Manila
SECOND DIVISION
PARAS, J.:
Before the then Court of First Instance of Tarlac, Orlando Primero was charged with the crimes of
Acts of Lasciviousness and Illegal Possession of Deadly Weapon.
CONTRARY TO LAW.
While the Provincial Fiscal, filed an Information for Illegal Possession of Deadly Weapon, to wit:
That on or about November 12, 1975, at about 5:30 in the afternoon, at Barangay
Pindangan 2nd, in the Municipality of Camiling, Province of Tarlac, Philippines, and
within the jurisdiction of this Honorable Court, the said Orlando Primero did then and
there Willfully, unlawfully and feloniously carry outside of his residence a deadly
weapon, to wit: a bayonet, 19-1/2" long, which was not then being used as a
necessary tool or implement to earn a living or being used in connection therewith,
but was used in the commission of the crime of Acts of Lasciviousness for which he
was charged in Crim. Case No. 1184 of this Honorable Court.
Contrary to Law.
The aforementioned offenses were jointly tried for having been committed on the same occasion.
The evidence for the prosecution, as found by the respondent appellate Court is as follows:
During the time material to this case Angelita Maycong was about 24 years old,
single and a resident of Pindangan II, Camiling, Tarlac (p. 16, tsn., August 5,1976).
On or about November 12, 1975, on their way home from Tarlac where they joined a
parade (p. 30, tsn., August 30, 1976), Angelita Maycong and one Elena Garcia saw
Orlando Primero emerge suddenly from the talahib along their path, brandishing a
bayonet at them (p. 17, tsn., August 5, 1976). Elena Garcia ran away (p. 6, tsn.,
August 30,1976). Angelita Maycong descended on the 'pilapil' to her left side and
also tried to run away (p. 18, tsn, August 5, 1976). Unfortunately, Angelita stumbled,
as a result of which, Orlando grabbed her and pinned her down on the ground (Ibid),
He held her neck with his right hand and held her breasts with the left hand and
kissed her right cheek (pp. 19, 20, tsn., August 5,1976). Fighting back, she kicked
Orlando near his organ and struck him with left hand (p. 20, Ibid.; p. 27, tsn., August
5,1976). In the struggle, Angelita was able to get the bayonet (p. 2, Ibid).
In the meantime, Elena Garcia shouted for help (p. 20, tsn., August 5, 1976).
Angelita also shouted for help (p. 20, Ibid).
Upon seeing the bayonet in the possession of Angelita, Orlando Primero ran away
(p. 23, tsn., August 5, 1976). Not long after, the father of Angelita Maycong, who was
then tending his farm from where he heard the shouts for help, arrived (Ibid). Having
teamed of the attempt made on the honor of her daughter, father and daughter
reported the matter to the Barrio Captain (Ibid). The bayonet was surrendered to the
police force of Camiling, Tarlac. (pp. 3-5, Solicitor's Brief) (Decision, p. 10, Rollo).
The defendant, in turn, claims that the filing of these two (2) criminal accusations was motivated by
revenge. He testified that he and the complainant were sweethearts who were engaged to get
married. He lived in the house of the complainant for three (3) months where he was practically
treated by the father of the complainant, Florentino Maycong, as a son-in-law helping in the farm
work and in the daily chores in the house. However, the planned marriage did not take place
because the complainant's family wanted an ostentations ceremony which he (defendant) could not
afford. As an alternative, defendant suggested to complainant that they elope but the latter refused.
Subsequently, the defendant left the complainant and married another woman, a decision which was
allegedly resented by the complainant.
Furthermore, defendant raises the defense of alibi. It is argued that at the time the incident was
allegedly committed, he was in Paniqui, Tarlac harvesting palay with some other farm laborers. He
maintained that he worked there from 6 o'clock in the morning to past 6 o'clock in the evening of
November 12, 1975. The foregoing testimony of the defendant was corroborated by Cipriano
Sudaria and Teodoro Cayabyab.
After trial, the lower court convicted the defendant of the two (2) offenses charged in the two (2)
separate informations and sentenced him as follows:
WHEREFORE, finding the accused Orlando Primero guilty beyond reasonable doubt
in Crim. Case No. I 1 84 of the offense of Acts of Lasciviousness punishable under
Article 336 of the Revised Penal Code, he is hereby sentenced to a term of TWO (2)
YEARS, FOUR (4) MONTHS, and ONE (1) DAY to FOUR (4) YEARS and TWO (2)
MONTHS of prision correccional, medium period, and in Crim. Case No. 1195 on the
charge of Illegal Possession of a Deadly Weapon, punishable under PD 9, he is
further sentenced to a prison term of TEN (10) YEARS which is the maximum term
imposed by the law, with cost.
The bayonet, Exh. A, is ordered confiscated and once this decision becomes final,
the same shall be forwarded to the 184th PC Company, Paniqui, Tarlac for
disposition according to law. (p. 12, Rollo)
On appeal, the respondent Court rendered a decision, * the dispositive portion of which reads:
The respondent Court erred in giving credence to the testimonies of the prosecution
witnesses.
II
The respondent Court failed to pass upon the contention that bayonet is not one of
the weapons the carrying of which outside one's residence is punished under Section
3 of Presidential Decree No. 9.
III
The respondent Court erred in its non-consideration of the defense of alibi interposed
by the defendant.
After a careful perusal of the entire record of this case, We find no cogent reason to disturb the
findings of the respondent Court.
With regard to the issue of credibility, We cannot acquiesce with the argument raised by the
petitioner that the testimonies of the prosecution witnesses, being close relatives, (father and niece)
of the complainant, should not be given weight and should be considered biased and self-serving.
Be it remembered that mere relations cannot militate against the credibility of a witness. Neither
could it distort the testimony due from such witnesses. In point is the ruling in the case of People v.
Libed reported in 14 SCRA 410:
The fact alone of relationship to the victim does not destroy a witness' credibility. It is
not to be lightly supposed that the relatives of the deceased would callously violate
their conscience ... by blaming it on persons whom they know to be innocent thereof.
In this regard, it is relevant to restate herein that the trial court, which had the opportunity of
observing the demeanor and deportment of the witnesses, found the testimonies of the prosecution
witnesses to have the hallmarks of truth and credibility. Thus, the trial court pertinently observed:
The Court is inclined to believe the claim of the complainant. Angelita Maycong, her
father Florentino Maycong, and her companion Elena Garcia, appear to be credible
witnesses. They impressed the Court as being innocent farm folks, and while
appearance may be deceiving, their story is not incredible and was entirely
believable, Being an unmarried woman and in the prime of her maidenhood (she was
25 years of age when she testified on August 5,1976), what reason would Angelita
have for unnecessarily exposing herself if indeed the story of the accused violating
her honor was not true. Her story was corroborated in material aspects by the two
other witnesses, her companion Elena Garcia and her father Florentino Maycong.
(Decision, p. 12 Rollo)
Accordingly, it need not be emphasized that the trial court's finding that the testimonies of the
witnesses were reliable, being supported by evidence of record, should be given credence. Thus, on
matters of credibility the findings of the trial court are accorded the highest respect (People v.
Cabanit, 139 SCRA 94; People v. Jones, 137 SCRA 166; People v. Canamo, 138 SCRA 141;
People v. Pasco, Jr., 137 SCRA 137; Guita v. CA, 139 SCRA 576).
Anent the second issue, We regret to say that the same is bereft of merit. It is worth noting that the
dispositive portion of the respondent Court's decision makes mention of violation by the petitioner of
P.D. No. 9 for which he was sentenced to an indeterminate penalty of five (5) years as minimum to
ten (10) years as maximum, and wherein the bayonet was ordered confiscated in favor of the
government. It goes without saying that the Court of Appeals would not have sustained the trial
court's finding of petitioner's guilt as to the charge of illegal possession of deadly weapon were it not
convinced that a bayonet is a "bladed, pointed or blunt weapon" decreed unlawful under P.D. No. 9.
It can not be disputed that, ordinarily, the enumeration of specified matters in a statute is construed
as an exclusion of matters not enumerated unless a different intention appears. However, the
maxim expressio unius est exclusio alterius is only an auxiliary rule of statutory construction. It is not
of universal application—neither is it conclusive. It should be applied only as a means of discovering
legislative intent which is not otherwise manifest and should not be permitted to defeat the plainly
indicated purpose of the legislature (Statutory Construction, Martin, sixth edition, 1984, pp. 71-72).
Where a statute appears on its face to limit the operation of its provisions to particular persons or
things by enumerating them, but no reason exists why other ... things not so enumerated should not
have been included, and manifest injustice will follow by not so including them, the maxim expressio
unius est exclusio alterius should not be invoked (Ibid, p. 79). Applying the same in the instant case,
it cannot be convincingly argued that a bayonet is not a bladed, pointed or blunt weapon, possession
of which outside of one's residence is decreed by P.D. No. 9 to be illegal. True enough, if the
carrying outside one's residence of such weapons as fan knife, "balisong" or club, which are less
deadly than the bayonet, are prohibited under the law, there is no logical reason why the bayonet
should be exempted from the prohibition.
Finally, as regards the defense of alibi, not only is it a weak defense but also it cannot prevail over
the positive Identification of the accused and by credible prosecution witnesses (People v. Obenque,
147 SCRA 448; People v. Pacada, Jr., 142 SCRA 427; People v. Canturia, 139 SCRA 280).
Moreover, defendant failed to prove that it was physically impossible for him to be at the scene of the
incident.
WHEREFORE, premises considered, the decision appealed from is AFFIRMED in toto. Costs
against petitioner.
SO ORDERED.