People of The Philippines vs. Larrañaga, G.R. No. 138874-75, February 3, 2004
People of The Philippines vs. Larrañaga, G.R. No. 138874-75, February 3, 2004
*
G.R. Nos. 138874-75. February 03, 2004.
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 1/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
* EN BANC.
531
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 2/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
532
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 3/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
533
534
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 5/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 6/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
would not affect the competency and the quality of the testimony
of the defendant. In Mangubat vs. Sandiganba-
535
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 7/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
536
537
538
539
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 11/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 12/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
540
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 13/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
541
PER CURIAM:
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 14/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
542
“x x x
“That on the 16th day of July, 1997, at about 10:00 o’clock more
or less in the evening, in the City of Cebu, Philippines and within
the jurisdiction of this Honorable Court, the said accused, all
private individuals, conniving, confederating and mutually
helping with one another, with deliberate intent, did then and
there willfully, unlawfully and feloniously kidnap or deprive one
Marijoy Chiong, of her liberty and on the occasion thereof, and in
connection, accused, with deliberate intent, did then and there
have carnal knowledge of said Marijoy against, her will with the
use of force and intimidation and subsequent thereto and on the
occasion thereof, accused with intent to kill, did then and there
inflict physical injuries on said Marijoy Chiong throwing her into
a deep ravine and as a consequence of which, Marijoy Chiong
died.
“CONTRARY TO LAW.”
4
2) For Criminal Case CBU-45304:
“x x x
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 15/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
“That on the 16th day of July, 1997, at about 10:00 o’clock more
or less in the evening, in the City of Cebu, Philippines, and within
the jurisdiction of this Honorable Court, the said accused, all
private individuals, conniving, confederating and mutually
helping with one another, with deliberate intent, did then and
there willfully, unlawfully and feloniously kidnap or deprive one
Jacqueline Chiong of her liberty, thereby detaining her until the
present.
“CONTRARY TO LAW.”
_______________
the two original Informations. (Records, Vol. I at pp. 1-4) Davison Rusia
was identified as Tisoy Tagalog in both the original and the first two
amended Informations, (Records, Vol. I at 1-4, 87, 90-A, 187 and 191), as
David Florido in the third (Records, Vol. I at 462 and 478) and by his real
name in the Fourth Amended Informations. (Records, Vol. I at 518 and
531) Brothers James Anthony and James Andrew, both surnamed Uy,
were impleaded as additional accused. (Records, Vol. I at 518 and 531).
3 Records at p. 518.
4 Id., at p. 531.
543
berto Caño, 5
James Andrew and James Anthony Uy pleaded
not guilty. Appellant Francisco Juan Larrañaga refused to
plead, hence,
6
the trial court entered for him the plea of “not
guilty.” Thereafter, trial on the merits ensued.
In the main, the 7prosecution evidence centered
8
on the
testimony of Rusia. Twenty-one witnesses corroborated
his testimony on major points. For the defense, appellants
James Anthony Uy and Alberto Caño took the witness
stand. Appellant Francisco Juan Larrañaga was supposed
to testify on his defense of alibi but the prosecution and the
defense, through a stipulation approved by the trial court,
dispensed with his testimony. Nineteen witnesses testified
for the appellants, corroborating their respective defenses
of alibi.
The version of the prosecution is narrated as follows:
On the night of July 16, 1997, sisters Marijoy and
Jacqueline Chiong, who lived in Cebu City, failed to come
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 16/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
544
_______________
545
_______________
18 Id., at p. 34.
19 Id., at p. 35; TSN, August 13, 1999 at p. 39.
20 Id., at p. 36.
21 Id., at pp. 38-39.
22 Id., at p. 40.
23 Id., at pp. 53-54.
546
_______________
24 Id., at p. 69.
25 TSN, August 12, 1998 at p. 78.
26 Id., at pp. 69-74.
547
Ariel led
27
her to the cliff and mercilessly pushed
28
her into the
ravine which was almost 150 meters deep.
As for Jacqueline, she was pulled out of the van and
thrown to the ground. Able to gather a bit of strength, she
tried to run towards the road. The group boarded the van,
followed her and made fun of her by screaming, “run some
more.” There was a tricycle passing by. The group brought
Jacqueline inside the van. Rowen beat her until she passed
out. The group then headed back to Cebu City with James
Andrew driving the white car. Rusia 29
got off from the van
somewhere near the Ayala Center.
There were other people who saw 30
snippets of what31Rusia
had witnessed. Sheila
32
Singson, Analie Konahap and
Williard Redobles testified that Marijoy and Jacqueline
were talking to Larrañaga 33
and Josman before they were
abducted. Roland Dacillo saw Jacqueline alighting and
running away from a white car and that Josman went after 34
her and grabbed her back to the car. Alfredo Duarte
testified that he was at the barbeque stand when Rowen
bought barbeque; that Rowen asked where he could buy
Tanduay; that he saw a white van and he heard therefrom
voices of a male and female who seemed to be quarreling;
that he also heard a cry of a woman which he could not
understand because “it was as if the voice was being
controlled;” and that after Rowen got his order, he boarded
the white van which he recognized to be previously 35
driven
by Alberto Caño. Meanwhile, Mario Miñoza, a tricycle
driver plying the route of Carcar-Mantalongon, saw
Jacqueline running towards Mantalongon. Her blouse was
torn and her hair was disheveled. Trailing her was a white
van where36 a very loud rock music could be heard. Manuel
Camingao recounted that on
_______________
548
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 21/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
37 TSN, September 16, 1998, at pp. 26-35. Manuel Camingao was the
Chief of the Barangay Tanod of Poblacion I, Carcar, Cebu, He intended to
report the presence of the white van at the Tan-awan cliff thinking that if
it threw garbage again, it could easily be intercepted.
38 Rosendo Rio, Benjamin Molina and Miguel Vergara testified on
September 14 and 15, 1998.
39 TSN, November 19, 1998 at pp. 9-127.
40 TSN, November 24, 1998 at pp. 71-117.
41 TSN, November 25, 1998 at pp. 53-128.
42 TSN, December 3, 1998 at pp. 4-62.
43 TSN, December 2, 1998 at pp. 2-88.
44 TSN, December 1, 1998 at pp. 4-16.
45 TSN, December 7, 1998 at pp. 4-24.
46 TSN, December 14, 1998 at pp. 11-78.
47 TSN, December 8, 1998 at pp. 4-19.
48 TSN, December 9, 1998 at pp. 4-20.
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 22/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
549
_______________
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 23/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
550
_______________
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 24/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
551
_______________
67 Motion for Inhibition dated August 24, 1998. Id., at pp. 807-816.
68 Records at pp. 848, 909 and 925.
69 Id., at p. 918.
552
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 26/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
“I
“II
“III
553
“IV
“V
“VI
“VII
“I
“II
“III
“IV
554
“V
“VI
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 28/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
“VII
“VIII
555
_______________
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 30/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
556
_______________
557
A. Right to Counsel
Anent the right to counsel, appellants fault the trial court:
first, for appointing counsel de oficio despite their
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 32/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
558
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 33/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
75 The 1987 Constitution Art. III, Sec. 12(1) “Any person under
investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot
afford the service of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.”
(Emphasis supplied)
76 Amion vs. Chiongson, A.M. No. RTJ-97-1371, January 22, 1999, 301
SCRA 614.
77 People vs. Barasina, G.R. No. 109993, January 21, 1994, 229 SCRA
450.
559
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 34/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
78 People vs. Mallari, G.R. No. 94299, August 21, 1992, 212 SCRA 777.
79 23 C.J.S. §979[5], citing MacKenna vs. Ellis, C.A. Tex, 263 F. 2d 35;
Ball vs. State, 42 So. 2d. 626, 252 Ala. 686, 70 S. Ct. 625, 339 U.S. 929, 94
L.Ed. 1350; People vs. Chessman, 341 P. 2d. 679, 52 C 2d 467, 80 S Ct.
296, 361 U.S. 925, 4 L. Ed. 2d, 241; Neufield vs. U.S., 118 F 2d 375, 73
App. D.C. 174; Ruben vs. U.S., 62 S Ct. 580, 315 U.S. 798, 86 L.Ed. 1199;
Stanfield vs. State, 212 S.W. 2d 516, 152 Tex. Cr. 324.
80 23 C.J.S. §979 (5); People vs. Mullane, App., 6 Cal. Rptr. 341;
Commonwealth vs. Novak, 150 A. 2d 102, 395 Pa. 199; Commonwealth vs.
De Marco, 163 A 2d. 700, 193 Pa. Super. 16.
81 23 C.J.S. §979 (5), citing Zucker vs. People, 2 Cal. Rptr. 112—People
vs. Adamson, 210 P. 2d 13, 34 C.2d 320.
82 State vs. Longo, 41 A 2d 317, 132 N.J. law 515, affirmed 44 A 2d 349,
133 N.J. Law 301.
560
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 35/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
83 People vs. Guber, 113 N.Y.S. 2d 192, 201 Misc. 852, affirmed 150
N.Y.S. 2d 543, 1 A.D. 2d 876.
84 23 C.J.S. §979[7], citing Polito vs. State, 282 p 2d 801, 71 Nev. 135;
Commonwealth vs. Novak, Quar. Sess., 45 Del Co. 45—Commonwealth vs.
Helwig, Quar. Sess., 39 Erie Co. 140.
85 (a) Petition for Issuance of the Writ of Habeas Corpus (C.A. G.R. SP.
No. 48733) filed on August 25, 1998 by Attys. Rafael Armovit, Ramon
Teleron, Edgar Gica, Lorenzo Paylado, and Fidel Gonzales. (Records at pp.
878-892)
561
“The Court cannot help but note the series of legal maneuvers
resorted to and repeated importunings of the accused or his
counsel, which resulted in the protracted trial of the case, thus
making a mockery of the judicial process, not to mention the
injustice caused by the delay to the victim’s family.”
_______________
(i) Complaint before the Office of the Court Administrator dated August
28, 1998, filed by Attys. Edgar Gica, Fidel Gonzales, Rafael Armovit,
Ramon Teleron and Lorenzo Paylado.
86 G.R. No. 100359, May 20, 1994, 232 SCRA 435.
87 See Orcino vs. Gaspar, Adm. Case No. 3773, September 24, 1997, 279
SCRA 379; see also Wack-Wack Golf and Country Club, Inc. vs. Court of
Appeals, 106 Phil. 501 (1959).
88 Ledesma vs. Climaco, G.R. No. L-23815, June 28, 1974, 57 SCRA
473.
562
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 37/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 38/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
563
_______________
564
“Well, I’m not saying that there is positive identification. I’m only
saying that in proving your alibi you must stick by what the
Supreme Court said that it was impossible if they are telling the
truth, di ba? Now with these other witnesses na hindi naman
ganoon to that effect it does not prove that it was impossible, e,
what is the relevance on that? What is the materiality? Iyon ang
point ko. We are wasting our time with that testimony. Ilang
witnesses and epe-present to that effect. Wala rin namang epekto.
It will not prove that it was not impossible for him to go to Cebu at
10:30 P.M., of July 16, e, papano yan? We are being criticized by
the public already for taking so long a time of the trial of these
cases which is supposed to be finished within 60 days. Now from
August, September, Octo-ber, November, December and January,
magse-six months na, wala pa and you want to present so many
immaterial witnesses.”
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 41/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
in issue and
95
to expedite the trial do not constitute a rebuke
of counsel.
Appellants also decry the supposed harshness of Judge
Ocampo towards the witnesses for the defense, namely:
Lourdes Montalvan, Michael Dizon, Rebecca Seno, Clotilde
Soterol, Salvador Boton, Catalina Paghinayan and Paolo
Celso.
With respect to Lourdes Montalvan, Judge Ocampo
expressed surprise on “how a 17-year-old girl could go to a
man’s apartment all alone.” He said that such conduct
“does not seem to be a reasonable or a proper behavior for a
17-year-old girl to do.” These statements do not really
indicate bias or prejudice against the defense witnesses.
The transcript of stenographic notes reveals that Judge
Ocampo uttered them, not to cast doubt on the moral
_______________
95 U.S. vs. Siden, D.C Minn., 293 F. 422; Doss vs. State, 139 So. 290,
224 Ala. 90; Ball vs. Commonwealth, 16 S.W. 2d 793, 229 Ky. 139; State
vs. Brodt, 185 N.W. 645, 150 Minn. 431.
566
ATTY. VILLARMIA:
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 42/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
Q When you went up you said you were alone. What was
your feeling of going up to that room alone or that unit
alone?
PROS. GALANIDA
We object, not proper for re-direct. That was not
touched during the cross. That should have been asked
during the direct-examination of this witness, Your
Honor.
ATTY. VILLARMIA:
We want to clarify why she went there alone.
COURT:
Precisely, I made that observation that does not affect or
may affect the credibility of witness the fact that she
went there alone. And so, it is proper to ask her, di ba?
xxx
COURT:
What was your purpose? Ask her now—what was your
purpose?
/to the witness:
Q Will you answer the question of the Court/ What was
your spurpose or intention in going in Paco’s room that
night alone?
567
WITNESS:
A My purpose for going there was to meet Richard, sir,
and to follow-up whether we will go out later that night
or not. The purpose as to going there alone, sir, I felt, I
trusted Paco.
PROS. DUYONGCO:
May we ask the witness not to elaborate, Your Honor.
ATTY. VILLARMIA:
That is her feeling.
COURT:
96
That was her purpose. It is proper.”
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 43/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
568
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 44/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
102 People vs. Knocke, 270 P 468, 94 C.A. 55; York vs. State, 156 S.E.
733, 42 Ga., App, 453; State vs. Barnes, 29 S.W. 2d 156, 325 Mo. 545; State
vs. Boyd, 119 S.E. 839, 126 S.C. 300.
103 People vs. Malabago, G.R. No. 115686, December 2, 1996, 265 SCRA
198.
104 Titus Fabian of Philippine Air Lines; Jesus Trinidad of Grand Air;
Ivy Ortega of Cebu Pacific and Rommel Gonzales of Air Philippines.
569
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 45/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
105 16A C.J.S. § 589, citing Chaplinsky vs. State of New Hampshire, 62 S. Ct.
766, 315 U.S. 568, 86 L. Ed. 1031; U.S. vs. Butler, C.CA. Okl., 156 F. 2d 897.
106 23 C.J.S. § 1030, citing Cotney vs. State, 26 So. 2d 603, 248 Ala. 1; State vs.
Quinn, 69 A. 349, 80 Conn. 546; Fairbanks vs. U.S., 226 F 2d 251, 96 U.S. App.
D.C. 345.
107 Factoran, Jr. vs. Court of Appeals, G.R. No. 93540, December 13, 1999, 320
SCRA 530; Navarro III vs. Damasco, G.R. No. 101875, July 14, 1995, 246 SCRA
260; Roces vs. Aportadera, Admin. Case No. 2936, March 31, 1995, 243 SCRA 108.
570
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 46/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
x x x”
_______________
571
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 47/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
“Anent the contention that Delia Preagido should not have been
discharged as a state witness because of a ‘previous final
conviction’ of crimes involving moral turpitude, suffice it to say
that ‘this Court has time and again declared that even if the
discharged state witness should lack some of the qualifications
enumerated by Section 9, Rule 119 of the Rules of Court, his
testimony will not, for that reason alone, be discarded or
disregarded. In the discharge of a co-defendant, the court may
reasonably be expected to err; but such error in discharging an
accused has been held not to be a reversible one. This is upon the
principle that such error of the court does not affect the competency
and the quality of the testimony of the discharged defendant.”
_______________
109 Supra.
110 Supra.
111 TSN, August 12, 1998 at p. 76.
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 48/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
112 People vs. Sacabin, G.R. No. L-36638, June 28, 1974, 57 SCRA 707;
People vs. Demeterio, G.R. No. L-48255, September 30, 1983, 124 SCRA
914.
572
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 49/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
573
_______________
116 People vs. Azugue, G.R. No. 110098, February 26, 1997, 268 SCRA
711.
117 People vs. Dela Cruz, G.R. No. 108180, February 8, 1994, 229 SCRA
754.
574
_______________
575
_______________
576
_______________
577
_______________
125 Inspector Lenizo finished Law and Criminology. He worked for the crime
laboratory of the Philippine National Police where he was trained in finger-print
examination and where he conducted around 500 finger-print examinations, 30 of
which involved dead persons. At the time he testified, Inspector Lenizo was head
of the Fingerprint Identification Branch of the PNP Crime Laboratory, Region 7.
126 TSN, September 22, 1998 at pp. 31-40.
127 See also TSN, September 23, 1998 at pp. 13, 20.
128 TSN, August 18, 1998 at p. 62; August 19, 1998 at p. 115; September 23,
1998 at pp. 13, 20.
129 TSN, August 18, 1998 at p. 62; August 19, 1998 at pp. 57, 60.
578
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 55/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
The elements of the crime defined in Art. 267 above are: (a)
the accused is a private individual; (b) he kidnaps or
detains another, or in any manner deprives the latter of his
liberty; (c) the act of detention or kidnapping must be
illegal; and (d) in the commission of the offense, any 130
of the
four (4) circumstances mentioned above is present.
There is clear and overwhelming evidence that
appellants, who are private individuals, forcibly dragged
Marijoy and Jacqueline into the white car, beat them so
they would not be able to resist, and held them captive
against their will. In fact, Jacqueline attempted to free
herself twice from the clutches of appellants—the first was
near the Ayala Center and the second was in Tan-awan,
Carcar—but both attempts failed. Marijoy was thrown to a
deep ravine, resulting to her death. Jacqueline, on the
other hand, has remained missing until now.
Article 267 states that if the victim is killed or died as a
consequence of the detention, or is raped or subjected to
torture or dehumanizing acts, the maximum
131
penalty shall
be imposed.
132
In People vs. Ramos,133 citing Parulan vs.
Rodas, and People vs. Mercado, we held that this
provision gives rise to a special complex crime, thus:
_______________
130 People vs. Salimbago, G.R. No. 121365, September 14, 1999, 314
SCRA 282.
131 G.R. No. 118570, October 12, 1998, 297 SCRA 618.
132 78 Phil. 855 (1947).
133 G.R. No. 116239, November 29, 2000, 346 SCRA 256.
579
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 56/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 57/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
580
_______________
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 58/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
581
_______________
140 People vs. Adriano, G.R. Nos. L-25975-77, January 22, 1980, 95
SCRA 107.
141 Supra.
142 Supra.
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 59/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
582
_______________
144 People vs. Pulusan, G.R. No. 110037, May 21, 1998, 290 SCRA 353.
145 People vs. Gungon, 351 Phil. 116; 287 SCRA 618 (1998).
583
_______________
146 People vs. Elijorde, G.R. No. 126531, April 21, 1999, 306 SCRA 188.
147 People vs. Del Rosario, G.R. No. 127755, April 14, 1999, 305 SCRA
740.
148 People vs. Bisda, G.R. No. 140895, July 17, 2003, 406 SCRA 454.
149 ART. 68.—Penalty to be imposed upon a person under eighteen years
of age.—When the offender is a minor under eighteen years and his case is
one coming under the provisions of the paragraph next to the last of
article 80 of this Code, the following rules shall be observed:
xxx
2. Upon a person over fifteen and under eighteen years of age the penalty
next lower than that prescribed by law shall be imposed, but always in the
proper period.
150 Article 61, par. 1 in relation to Article 71, Scale No. 1 of the Revised
Penal Code.
584
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 62/66
9/11/21, 5:30 PM SUPREME COURT REPORTS ANNOTATED VOLUME 421
_______________
585
_______________
154 People vs. Acosta, G.R. No. 140386, November 29, 2001, 371 SCRA
181; People vs. Suelto, 381 Phil. 351; 325 SCRA 41 (2000); People vs.
Samolde, G.R. No. 128551, July 31, 2000, 336 SCRA 632.
155 G.R. No. 124392, February 6, 2003, 397 SCRA 137.
156 People vs. Bisda, supra; People vs. Hamton, G.R. Nos. 134823-25,
January 14, 2003, 395 SCRA 156; People vs. Deang, G.R. No. 128045,
August 24, 2000, 338 SCRA 657.
In People vs. Catubig, G.R. No. 137842, August 23, 2001, 363 SCRA 621, it was
ruled that although the attendance of the “qualifying or aggravating circumstance”
was not alleged in the Information as required by Sections 8 and 9 of the Revised
Rules on Criminal Procedure, “the retroactive application of procedural rules,
nevertheless, cannot adversely affect the rights of the private offended party that
have become vested prior to the effectivity of said rules. Thus, in the case at bar,
although relationship has not been alleged in the information, the offense having
been committed, however, prior to the effectivity of the new rules, the civil liability
already incurred by appellant remains unaffected thereby.”
586
——o0o——
https://central.com.ph/sfsreader/session/0000017bd43643fca7d1bdc8000d00d40059004a/t/?o=False 66/66