G.R. No.

176240 October 17, 2008 to perform their jobs; and that their dismissal by HI was null In the dispositive portion of his 7 January 2002 Decision,
and void because the latter had no power to do so since they Labor Arbiter Gutierrez awarded to petitioners the following
ROLANDO SASAN, SR., LEONILO DAYDAY, MODESTO
had become regular employees of E-PCIBank. amounts:
AGUIRRE, ALEJANDRO ARDIMER, ELEUTERIO SACIL,
WILFREDO JUEGOS, PETRONILO CARCEDO and CESAR For its part, E-PCIBank averred that it entered into a Contract I. CESAR PACIENCIA
PACIENCIA, petitioners, vs. NATIONAL LABOR RELATIONS for Services with HI, an independent job contractor which
a) Backwages = P25,840.00
COMMISSION 4TH DIVISION, EQUITABLE-PCI BANK and hired and assigned petitioners to the bank to perform
HELPMATE, INC., respondents. janitorial and messengerial services thereat. It was HI that July 15, 2001 to January 8, 2002
paid petitioners wages, monitored petitioners daily time
DECISION = P190.00 per day
records (DTR) and uniforms, and exercised direct control and
CHICO-NAZARIO, J.: supervision over the petitioners and that therefore HI has = 5 months and 6 days
every right to terminate their services legally. E-PCIBank
Assailed in this Petition for Review under Rule 45 of the Rules = 136 days x P190.00
could not be held liable for whatever misdeed HI had
of Court are the Decision1 dated 24 April 2006 of the Court of
committed against its employees. b) Separation Pay =P12,350.00
Appeals in CA-G.R. SP No. 79912, which affirmed the
June 10, 1996 to July 15, 2001
Decision dated 22 January 2003 of the National Labor HI, on the other hand, asserted that it was an independent job
= 5 years
Relations Commission (NLRC) in NLRC Case No. V-000241- contractor engaged in the business of providing janitorial and
=P190.00 x 26 days x 5 years / 2
2002 finding that Helpmate, Inc. (HI) is a legitimate related services to business establishments, and E-PCIBank
independent job contractor and that the petitioners were not was one of its clients. Petitioners were its employees, part of c) 13th Month Pay = P4,940.00
illegally dismissed from work; and the Resolution2 dated 31 its pool of janitors/messengers assigned to E-PCIBank. The = P190.00 x 26 days
October 2006 of the same court denying the Motion for Contract for Services between HI and E-PCIBank expired on
Reconsideration filed by the petitioners. 15 July 2000. E-PCIBank no longer renewed said contract Total P43,130.00
with HI and, instead, bidded out its janitorial requirements to II Dominador Suico, Jr. (did not file
Respondent Equitable-PCI Bank (E-PCIBank),3 a banking
two other job contractors, Able Services and Puritan. HI Amended Complaint)
entity duly organized and existing under and by virtue of
designated petitioners to new work assignments, but the
Philippine laws, entered into a Contract for Services with HI,
4
a) Backwages = P25,840.00
latter refused to comply with the same. Petitioners were not
a domestic corporation primarily engaged in the business of July 15, 2001 to January 15, 2002
dismissed by HI, whether actually or constructively, thus,
providing janitorial and messengerial services. Pursuant to same as Paciencia
petitioners complaints before the NLRC were without basis.
their contract, HI shall hire and assign workers to E-PCIBank
to perform janitorial/messengerial and maintenance Labor Arbiter Gutierrez focused on the following issues: (a) b) Separation Pay = P6,175.00
services. The contract was impliedly renewed year after whether petitioners were regular employees of HI; (b) Feb. 2, 1999 to July 15, 2001
year. Petitioners Rolando Sasan, Sr.,5 Leonilo whether petitioners were illegally dismissed from their = P190.00 x 26 days x 2.5 years / 2
Dayday,6 Modesto Aguirre,7 Alejandro Ardimer,8 Eleuterio employment; and (c) whether petitioners were entitled to Total = P32,015.00
Sacil,9 Wilfredo Juegos,10 Petronilo Carcedo,11 and Cesar their money claims.
Peciencia were among those employed and assigned to E-
12 III Roland Mosquera (did not file
On 7 January 2002, on the basis of the parties position Amended Complaint)
PCIBank at its branch along Gorordo Avenue, Lahug, Cebu
papers and documentary evidence, Labor Arbiter Gutierrez
City, as well as to its other branches in the Visayas.13 a) Backwages = P25,840.00
rendered a Decision finding that HI was not a legitimate job
O 23 July 2001, petitioners filed with the Arbitration Branch contractor on the ground that it did not possess the required (same as Paciencia)
of the NLRC in Cebu City separate complaints14against E- substantial capital or investment to actually perform the job, b) Separation Pay = P7,410.00
PCIBank and HI for illegal dismissal, with claims for work, or service under its own account and responsibility as March 8, 1998 to July 15, 2001
separation pay, service incentive leave pay, allowances, required under the Labor Code. HI is therefore a labor-only
16
= P190.00 x 26 days x 3 yrs. / 2
damages, attorneys fees and costs. Their complaints were contractor and the real employer of petitioners is E-PCIBank
docketed as NLRC RAB-VII Case No. 07-1381-2001 and which is held liable to petitioners. According to Labor Arbiter Total = P33,250.00
raffled to Labor Arbiter Jose G. Gutierrez (Labor Arbiter Gutierrez: IV Petronillo Carcedo
Gutierrez) for their proper disposition. Subsequently, on 22
[T]he undisputed facts show that the [herein petitioners] a) Backwages = P25,840.00
August 2001, the petitioners15 amended their complaints to
were made to perform not only as janitors but also as (same as Paciencia)
include a claim for 13 month-pay.
th
messengers, drivers and one of them even worked as an
Several conciliation hearings were scheduled by Labor electrician. For us, these jobs are not only directly related to b) Separation Pay = P41,990.00
Arbiter Gutierrez but the parties still failed to arrive at a the main business of the principal but are, likewise deemed Sept. 16, 1984 to July 15, 2001
mutually beneficial settlement; hence, Labor Arbiter necessary in the conduct of respondent Equitable-PCI Banks = P190.00 x 26 days x 17 yrs. / 2
Gutierrez ordered that they submit their respective position principal business. Thus, based on the above, we so declare c) 13th Month Pay = P4,940.00
papers. that the [petitioners] are employees of respondent Equitable- = P190.00 x 26 days
PCI Bank. And having worked with respondent Equitable-PCI
In their position papers, petitioners claimed that they had Total = P72,770.00
Bank for more than one (1) year, they are deemed regular
become regular employees of E-PCIBank with respect to the
employees. They cannot, therefore, be removed from V Rolando Sasan, Sr.
activities for which they were employed, having continuously
employment without cause and without due process, which is
rendered janitorial and messengerial services to the bank for a) Backwages = P25,840.00
wanting in this case. Hence, the severance of their
more than one year; that E-PCIBank had direct control and (same as Paciencia)
employment in the guise of termination of contract is illegal.17
supervision over the means and methods by which they were

Evidence CASES: I. GENERAL PRINCIPLES Page 1 of 54

b) Separation Pay = P29,640.00 b) Separation Pay to P20,000,000.00 on 12 March 1999 with the Securities and
October 1989 to July 15, 2001 Exchange Commission;
= Jan. 5, 1992 to July 15, 2001 = P23,465.00
= P190.00 x 26 days x 12 yrs. / 2
2. Audited Financial Statement of HI showing therein that it
= P190.00 x 26 days x 9.5 yrs. / 2
c) 13th Month Pay = P4,940.00 has Total Assets of P20,939,935.72 as of 31 December 2000;
= P190.00 x 26 days c) 13th Month Pay = P4,940.00
3. Transfer Certificate of Title No. 110173 and Tax
= P190.00 x 26 days
Total = P60,420.00 Declaration No. GR2K-09-063-00582 registered under the
Total = P54,245.00 name of HI showing that it has a parcel of land with Market
VI Leonilo Dayday
Value of P1,168,860.00 located along Rizal Avenue (now
XI Alejandro Ardimer
a) Backwages = P25,840.00 Bacalso Avenue), Cebu City, and
(same as Paciencia) a) Backwages = P25,840.00
4. Tax Declaration No. GR2K-09-063-00583 registered under
b) Separation Pay = P44,460.00 (same as Paciencia) the name of HI showing that it has a commercial building
Feb. 8, 1983 to July 15, 2001 constructed on the preceding lot located along Bacalso
b) Separation Pay = P28,405.00 Avenue, Cebu City with market value of P2,515,170.00.19
= P190.00 x 26 days x 18 yrs. / 2
= Jan. 20, 1990 to July 15, 2001
c) 13th Month Pay = P4,940.00 = P190.00 x 26 days x 11.5 yrs. / 2 The NLRC promulgated its Decision on 22 January 2003
= P190.00 x 26 days modifying the ruling of Labor Arbiter Gutierrez. The NLRC
c) 13thMonth Pay = P4,940.00 took into consideration the documentary evidence presented
Total = P75,240.00 = P190.00 x 26 days by HI for the first time on appeal and, on the basis thereof,
VII Eleuterio Sacil Total = P59,185.00 declared HI as a highly capitalized venture with sufficient
capitalization, which cannot be considered engaged in
a) Backwages = P25,840.00 xxxx "labor-only contracting."
(same as Paciencia)
WHEREFORE, the foregoing premises considered, judgment On the charge of illegal dismissal, the NLRC ruled that:
b) Separation Pay = P22,230.00 is hereby rendered directing the respondents Equitable PCI
June 2, 1992 to July 15, 2001 Bank and Helpmate, Inc. to pay jointly and solidarily the The charge of illegal dismissal was prematurely filed. The
= P190.00 x 26 days x 9 yrs. / 2 complainants as follows: record shows that barely eight (8) days from 15 July 2001
when the complainants were placed on a temporary "off-
c) 13th Month Pay = P4,940.00 1. Cesar Paciencia - P 43,130.00 detail," they filed their complaints on 23 July 2001 and
= P190.00 x 26 days amended their complaints on 22 August 2001 against the
2. Dominador Suico, Jr. - 32,015.00
Total = P53,010.00 respondents on the presumption that their services were
3. Roland Mosquera - 33,250.00 already terminated. Temporary "off-detail" is not equivalent
VIII Mario Juntilla to dismissal. x x x.20
4. Petronilo Carceda - 72,770.00
a) Backwages = P25,840.00 The NLRC deleted Labor Arbiter Gutierrezs award of
5. Roland Sasan, Sr. - 60,420.00
(same as Pacencia) backwages and separation pay, but affirmed his award for
6. Leonilo Dayday - 75,240.00 13th month pay and attorneys fees equivalent to ten percent
b) Separation Pay = P34,580.00
October 7, 1987 to July 15, 2001 7. Eleuterio Sacil - 53,010.00 (10%) of the 13th month pay, to the petitioners.21Thus, the
= P190.00 x 26 days x 14 yrs. / 2 NLRC decreed in its 22 January 2003 Decision, the payment
8. Mario Juntilla - 65,360.00 of the following reduced amounts to petitioners:
c) 13th Month Pay = P4,940.00
= P190.00 x 26 days 9. Wilfredo Juegos - 57,950.00 WHEREFORE, premises considered, the decision of Labor
10. Modesto Aguirre - 54,245.00 Arbiter Jose G. Gutierrez dated 7 January 2002 is MODIFIED,
Total = P65,360.00 to wit:
IX Wilfredo Juegos 11. Alejandro Ardimer - 59,185.00
Ordering respondents Helpmate, Inc. and Equitable PCI Bank
a) Backwages = P25,840.00 TOTAL - P606,575.0018 to jointly and severally22 pay the complainants of their
Aggrieved by the decision of Labor Arbiter Gutierrez, 13 month pay and attorneys fees in the aggregate amount
th
(same as Pacencia)
respondents E-PCIBank and HI appealed the same to the of Forty-Three Thousand Four Hundred Seventy-Two and
b) Separation Pay = P27,170.00
July 23, 1990 to July 15, 2001 NLRC, 4th Division, stationed in Cebu City. Their appeals were 00/100 (P43,472.00), broken down as follows:
= P190.00 x 26 days x 11 yrs. / 2 docketed as NLRC Case No. V-000241-2002. In support of its
allegation that it was a legitimate job contractor, HI submitted
c) 13th Month Pay = P4,840.00 before the NLRC several documents which it did not present 1. Aguirre, Modesto - P 5,434.00
= P190.00 x 26 days before Labor Arbiter Gutierrez. These are: 2. Ardimer, Alejandro - 5,434.00
Total = P57,950.00 1. Certificate of Filing of Certificate of Increase of Capital 3. Carcedo, Petronilo - 5,434.00
Stock, Certificate of Filing Amended Articles of
X Modesto Aguirre 4. Dayday, Leonilo - 5,434.00
Incorporation, and General Information Sheet Stock
a) Backwages = P25,840.00 Corporation of HI showing therein that it increased its 5. Juegos, Wilfredo - 5,434.00
(same as Paciencia) authorized capital stock from P1,500,000.00

Evidence CASES: I. GENERAL PRINCIPLES Page 2 of 54

 6. Juntilla, Mario - 5,434.00
7. Paciencia, Cesar - 5,434.00
8. Sacil, Eleuterio - 5,434.00
TOTAL P43,472.0023
Petitioners Motion for Reconsideration was denied by the
NLRC in its Resolution dated 1 July 2003.24
Distressed by the decision of the NLRC, petitioners sought
recourse with the Court of Appeals by filing a Petition
for Certiorari25 under Rule 65 of the 1997 Rules of Civil
Procedure docketed as CA-G.R. SP No. 79912.
In its Decision dated 24 April 2006, the Court of Appeals
affirmed the findings of the NLRC that HI was a legitimate job
contractor and that it did not illegally dismiss petitioners:
As to the question of whether or not, as a legitimate
independent job contractor, respondent HI illegally
dismissed the petitioners. We rule in the negative.
It is undisputed that the contract between respondent HI and
its client E-PCIBank expired on July 15, 2000. The record
shows that after said expiration, respondent HI offered the
petitioners new work assignments to various establishments
which are HIs clients. The petitioners, therefore, were not
even placed on "floating status." They simply refused,
without justifiable reason, to assume their new work
assignments which refusal was tantamount to abandonment.
There being no illegal dismissal, petitioners are not entitled
to backwages or separation pay.26
The fallo of the 24 April 2006 Decision of the appellate court
reads:
WHEREFORE, in view of the foregoing premises, judgment is
hereby rendered by us DENYING the petition filed in this case
and AFFIRMING the decision of the NLRC, Fourth Division, in
NLRC Case No. V-000145-2003 promulgated on June 22,
2003.27
Petitioners now come before us via the instant Petition
raising the following issues:
WHETHER OR NOT THE HONORABLE COURT OF APPEALS
ACTED IN EXCESS OF THEIR JURISDICTION AND/OR
COMMITTED GRAVE ABUSE OF DISCRETION IN
UPHOLDING THE NLRC 4TH DIVISIONS DECISION AND
GRAVELY ERRED IN:
I. ACCEPTING AND APPRECIATING THE PIECES OF
EVIDENCE SUBMITTED BY RESPONDENTS DURING
APPEAL, ALL EXISTING DURING THE TIME THE NLRC RAB
7S TRIAL, CONTRARY TO THIS HONORABLE COURTS
PREVIOUS ESTABLISHED DECISIONS.
II. REVERSING, WITHOUT ANY LEGAL BASIS, THE FACTUAL
FINDING OF NLRC RAB 7 THAT THE RESPONDENT HI WAS
LABOR ONLY CONTRACTOR.
III. RULING, WITHOUT ANY LEGAL BASIS, THAT THE petitioners are invoking the best evidence rule, espoused in
ILLEGAL DISMISSAL COMPLAINTS WERE PREMATURELY Section 3, Rule130 of the Rules of Court. It provides that:
FILED.28
Section 3. Original document must be produced;
Before proceeding to the substantive issues, we first address exceptions. When the subject of inquiry is the contents of a
the procedural issues raised by petitioners. document, no evidence shall be admissible other than the
original document itself x x x.
Petitioners object to the acceptance and consideration by the
NLRC of the evidence presented by HI for the first time on The above provision explicitly mandates that when the
appeal. This is not a novel procedural issue, however, and our subject of inquiry is the contents of a document, no evidence
jurisprudence is already replete with cases29 allowing the shall be admissible other than the original document itself.
NLRC to admit evidence, not presented before the Labor Notably, certified true copies of these documents,
Arbiter, and submitted to the NLRC for the first time on acceptable under the Rules of Court33 were furnished to the
appeal. Technical rules of evidence are not binding in labor petitioners. Even assuming that petitioners were given mere
cases. Labor officials should use every reasonable means to photocopies, again, we stress that proceedings before the
ascertain the facts in each case speedily and objectively, NLRC are not covered by the technical rules of evidence and
without regard to technicalities of law or procedure, all in the procedure as observed in the regular courts. Technical rules
interest of due process.30 of evidence do not apply if the decision to grant the petition
proceeds from an examination of its sufficiency as well as a
The submission of additional evidence before the NLRC is not
careful look into the arguments contained in position papers
prohibited by its New Rules of Procedure. After all, rules of
and other documents.34
evidence prevailing in courts of law or equity are not
controlling in labor cases. The NLRC and labor arbiters are Petitioners had more than adequate opportunity when they
directed to use every and all reasonable means to ascertain filed their motion for reconsideration before the NLRC, their
the facts in each case speedily and objectively, without Petition to the Court of Appeals and even to this Court, to
regard to technicalities of law and procedure all in the refute or present their counter-evidence to the documentary
interest of substantial justice. In keeping with this directive, it evidence presented by HI. Having failed in this respect,
has been held that the NLRC may consider evidence, such as petitioners cannot now be heard to complain about these
documents and affidavits, submitted by the parties for the documentary evidences presented by HI upon which the
first time on appeal. The submission of additional evidence on NLRC and the Court of Appeals based its finding that HI is a
appeal does not prejudice the other party for the latter could legitimate job contractor.
submit counter-evidence.31
The essence of due process is simply an opportunity to be
In Clarion Printing House, Inc. v. National Labor Relations heard, or as applied to administrative proceedings, a fair and
Commission,32 we again emphasized that: reasonable opportunity to explain one's side. It is also an
opportunity to seek a reconsideration of the action or ruling
[T]he NLRC is not precluded from receiving evidence, even
complained of. It is not the denial of the right to be heard but
for the first time on appeal, because technical rules of
denial of the opportunity to be heard that constitutes violation
procedure are not binding in labor cases.
of due process of law. Petitioners herein were afforded every
The settled rule is that the NLRC is not precluded from opportunity to be heard and to seek reconsideration of the
receiving evidence on appeal as technical rules of evidence adverse judgment against them. They had every opportunity
are not binding in labor cases. In fact, labor officials are to strengthen their positions by presenting their own
mandated by the Labor Code to use every and all reasonable substantial evidence to controvert those submitted by E-
means to ascertain the facts in each case speedily and PCIBank and HI before the NLRC, and even before the Court
objectively, without regard to technicalities of law or of Appeals. It cannot win its case by merely raising
procedure, all in the interest of due process. Thus, in Lawin unsubstantiated doubt or relying on the weakness of the
Security Services v. NLRC, and Bristol Laboratories adverse parties evidence.
Employees Association-DFA v. NLRC, we held that even if the
We now proceed to the resolution of the substantive issues
evidence was not submitted to the labor arbiter, the fact that
submitted by petitioners for our consideration, particularly,
it was duly introduced on appeal to the NLRC is enough basis
whether HI is a labor-only contactor and E-PCIBank should be
for the latter to be more judicious in admitting the same,
deemed petitioners principal employer; and whether
instead of falling back on the mere technicality that said
petitioners were illegally dismissed from their employment.
evidence can no longer be considered on appeal. Certainly,
the first course of action would be more consistent with Permissible job contracting or subcontracting refers to an
equity and the basic notions of fairness. arrangement whereby a principal agrees to put out or farm
out to a contractor or subcontractor the performance or
For the same reasons, we cannot find merit in petitioners
completion of a specific job, work or service within a definite
protestations against the documentary evidence submitted
or predetermined period, regardless of whether such job,
by HI because they were mere photocopies. Evidently,
work or service is to be performed or completed within or
outside the premises of the principal.35 A person is
Evidence CASES: I. GENERAL PRINCIPLES Page 3 of 54
considered engaged in legitimate job contracting or "CERTIFICATE OF REGISTRATION longer necessary to adduce further evidence to prove that it
subcontracting if the following conditions concur: does not fall within the purview of "labor-only"
Numbered VII-859-1297-048
contracting.49 There is even no need for HI to refute the
(a) The contractor or subcontractor carries on a distinct and
is issued to contention of petitioners that some of the activities they
independent business and undertakes to perform the job,
performed such as those of messengerial services are
work or service on its own account and under its own HELPMATE, INCORPORATED
directly related to the principal business of E- PCIBank.
responsibility according to its own manner and method, and
330 N. Bacalso Avenue, Cebu City
free from the control and direction of the principal in all In any event, we have earlier declared that while these
matters connected with the performance of the work except for having complied with the requirements as provided for services rendered by the petitioners as janitors, messengers
as to the results thereof; under the Labor Code, as amended, and its Implementing and drivers are considered directly related to the principal
Rules and having paid the registration fee in the amount of business of a bank, in this case E-PCIBank, nevertheless,
(b) The contractor or subcontractor has substantial capital or
ONE HUNDRED PESOS (P100.00) per Official Receipt they are not necessary in the conduct of its (E-PCIBANKs)
investment; and
Number 9042769, dated October 16, 1997. principal business.50
(c) The agreement between the principal and contractor or
In witness whereof, and by authority vested in me by the HI has substantial capital in the amount of P20,939,935.72. It
subcontractor assures the contractual employees
Labor Code, as amended, and its Implementing Rules has its own building where it holds office and it has been
entitlement to all labor and occupational safety and health
specifically Department Order No. 10 series of 1997, I have engaged in business for more than a decade now.51 As
standards, free exercise of the right to self-organization,
hereunto set my hand and affixed the Official on this 23rd day observed by the Court of Appeals, surely, such a well-
security of tenure, and social and welfare benefits. 36
of December 1997."45 established business entity cannot be considered a labor-
In contrast, labor-only contracting, a prohibited act, is an only contractor.
Having been issued by a public officer, this certification
arrangement where the contractor or subcontractor merely
carries with it the presumption that it was issued in the Etched in an unending stream of cases are four standards in
recruits, supplies or places workers to perform a job, work or
regular performance of official duty.46 In the absence of determining the existence of an employer-employee
service for a principal.37 In labor-only contracting, the
proof, petitioners bare assertion cannot prevail over this relationship, namely: (a) the manner of selection and
following elements are present:
presumption. Moreover, the DOLE being the agency primarily engagement of the putative employee; (b) the mode of
(a) The contractor or subcontractor does not have responsible for regulating the business of independent job payment of wages; (c) the presence or absence of power of
substantial capital or investment to actually perform the job, contractors, we can presume in the absence of evidence to dismissal; and, (d) the presence or absence of control of the
work or service under its own account and responsibility; and the contrary that it thoroughly evaluated the requirements putative employees conduct. Most determinative among
submitted by HI as a precondition to the issuance of the these factors is the so-called "control test."52
(b) The employees recruited, supplied or placed by such
Cerificate of Registration.
contractor or subcontractor are performing activities which The presence of the first requisite for the existence of an
are directly related to the main business of the principal. 38
The evidence on record also shows that HI is carrying on a employer-employee relationship to wit, the selection and
distinct and independent business from E-PCIBank. The engagement of the employee is shown by the fact that it was
In distinguishing between permissible job contracting and
employees of HI are assigned to clients to perform janitorial HI which selected and engaged the services of petitioners as
prohibited labor-only contracting, we elucidated in Vinoya
39
and messengerial services, clearly distinguishable from the its employees. This is fortified by the provision in the contract
v. National Labor Relations Commission, that it is not
40
of services between HI and E-PCIBank which states:
banking services in which E-PCIBank is engaged.
enough to show substantial capitalization or investment in the
form of tools, equipment, etc. Other facts that may be Despite the afore-mentioned compliance by HI with the Selection, Engagement, Discharge. [HI] shall have exclusive
considered include the following: whether or not the requisites for permissible job contracting, Labor Arbiter discretion in the selection, engagement, investigation,
contractor is carrying on an independent business; the Gutierrez still declared that HI was engaged in prohibited discipline and discharge of its employees.53
nature and extent of the work; the skill required; the term and labor-only contracting because it did not possess substantial
On the second requisite regarding the payment of wages, it
duration of the relationship; the right to assign the capital or investment to actually perform the job, work or
was HI who paid petitioners their wages and who provided
performance of specified pieces of work; the control and service under its own account or responsibility. Both the
their daily time records and uniforms and other materials
supervision of the work to another; the employers power with NLRC and the Court of Appeals ruled to the contrary, and we
necessary for the work they performed. Therefore, it is HI
respect to the hiring, firing and payment of the contractors agree.
who is responsible for petitioners claims for wages and other
workers; the control of the premises; the duty to supply
"Substantial capital or investment" refers to capital stocks employees benefits. Precisely, the contract of services
premises, tools, appliances, materials and labor; and the
and subscribed capitalization in the case of corporations, between HI and E-PCIBank reveals the following:
mode and manner or terms of payment. Simply put, the
41
tools, equipments, implements, machineries and work
totality of the facts and the surrounding circumstances of the Indemnity for Salaries and Benefits, etc. [HI] shall be
premises, actually and directly used by the contractor or
case are to be considered.42 Each case must be determined responsible for the salaries, allowances, overtime and
subcontractor in the performance or completion of the job,
by its own facts and all the features of the relationship are to holiday pay, and other benefits of its personnel including
work or service contracted out.47 An independent contractor
be considered.43 withholding taxes.54
must have either substantial capital or investment in the form
In the case at bar, we find substantial evidence to support the of tools, equipment, machineries, work premises, among As to the third requisite on the power to control the
finding of the NLRC, affirmed by the Court of Appeals, that HI others. The law does not require both substantial capital and employees conduct, and the fourth requisite regarding the
is a legitimate job contractor. investment in the form of tools, equipment, power of dismissal, again E-PCIBank did not have the power
machineries, etc.48 It is enough that it has substantial capital. to control petitioners with respect to the means and methods
We take note that HI has been issued by the Department of
In the case of HI, it has proven both. by which their work was to be accomplished. It likewise had
Labor and Employment (DOLE) Certificate of
no power of dismissal over the petitioners. All that E-PCIBank
Registration44 Numbered VII-859-1297-048. The said We have expostulated that once it is established that an entity
could do was to report to HI any untoward act, negligence,
certificate states among other things: such as in this case, HI has substantial capital, it was no
misconduct or malfeasance of any employee assigned to the

Evidence CASES: I. GENERAL PRINCIPLES Page 4 of 54

premises. The contract of services between E-PCIBank and G.R. No. 180291 July 27, 2010 On the same day, the Manager of the GSIS Investigation Unit
HI is noteworthy. It states: (GSIS-IU), Atty. Lutgardo Barbo, issued a memorandum to
GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) and
each of the seven (7) respondents requiring them to explain
[HI] shall have the entire charge, control and supervision over WINSTON F. GARCIA, in his capacity as PRESIDENT and
in writing and under oath within three (3) days why they
all its employees who may be fielded to [E-PCIBank]. For this GENERAL MANAGER of the GSIS, Petitioners, vs. DINNAH
should not be administratively dealt with.3
purpose, [HI] shall assign a regular supervisor of its VILLAVIZA, ELIZABETH DUQUE, ADRONICO A. ECHAVEZ,
employees who may be fielded to the Bank and which regular RODEL RUBIO, ROWENA THERESE B. GRACIA, PILAR Respondents Duque, Echavez, Rubio, Gracia, Layco, and
supervisor shall exclusively supervise and control the LAYCO, and ANTONIO JOSE LEGARDA, Respondents. Legarda, together with two others, submitted a letter-
activities and functions defined in Section 1 hereof. x x x.55 explanation to Atty. Barbo dated June 6, 2005. Denying that
DECISION
there was a planned mass action, the respondents explained
All these circumstances establish that HI undertook said
MENDOZA, J.: that their act of going to the office of the GSIS-IU was a
contract on its account, under its own responsibility,
spontaneous reaction after learning that their former union
according to its own manner and method, and free from the This is a Petition for Review on Certiorari under Rule 45 of the
president was there. Aside from some of them wanting to
control and direction of E-PCIBank. Where the control of the Rules of Court seeking to reverse and set aside the August
show their support, they were interested in that hearing as it
principal is limited only to the result of the work, independent 31, 2007 Decision1 of the Court of Appeals (CA), in CA-G.R.
might also affect them. For her part, respondent Villaviza
job contracting exists. The janitorial service agreement SP No. 98952, dismissing the petition for certiorari of
submitted a separate letter explaining that she had a
between E-PCIBank and HI is definitely a case of permissible Government Service Insurance System (GSIS) assailing the
scheduled pre-hearing at the GSIS-IU that day and that she
job contracting. Civil Service Commission's Resolution No. 062177.
had informed her immediate supervisor about it, attaching a
Considering the foregoing, plus taking judicial notice of the THE FACTS: copy of the order of pre-hearing. These letters were not under
general practice in private, as well as in government oath.4
Petitioner Winston Garcia (PGM Garcia), as President and
institutions and industries, of hiring an independent
General Manager of the GSIS, filed separate formal charges PGM Garcia then filed the above-mentioned formal charges
contractor to perform special services,56 ranging from
against respondents Dinnah Villaviza, Elizabeth Duque, for Grave Misconduct and/or Conduct Prejudicial to the Best
janitorial, security and even technical services, we can only
Adronico A. Echavez, Rodel Rubio, Rowena Therese B. Interest of the Service against each of the respondents, all
conclude that HI is a legitimate job contractor. As such
Gracia, Pilar Layco, and Antonio Jose Legarda for Grave dated June 4, 2005. Respondents were again directed to
legitimate job contractor, the law creates an employer-
Misconduct and/or Conduct Prejudicial to the Best Interest of submit their written answers under oath within three (3) days
employee relationship between HI and petitioners57 which
the Service pursuant to the Rules of Procedure in from receipt thereof.5 None was filed.
renders HI liable for the latters claims.
Administrative Investigation (RPAI) of GSIS Employees and
On June 29, 2005, PGM Garcia issued separate but similarly
In view of the preceding conclusions, petitioners will never Officials, III, D, (1, c, f) in relation to Section 52A (3), (20), Rule
worded decisions finding all seven (7) respondents guilty of
become regular employees of E-PCIBank regardless of how IV, of the Uniform Rules on Administrative Cases in the Civil
the charges and meting out the penalty of one (1) year
long they were working for the latter.58 Service (URACCS), in accordance with Book V of the
suspension plus the accessory penalties appurtenant
Administrative Code of 1987, committed as follows:
We further rule that petitioners were not illegally dismissed thereto.
by HI. Upon the termination of the Contract of Service That on 27 May 2005, respondent, wearing red shirt together
On appeal, the Civil Service Commission (CSC) found the
between HI and E-PCIBank, petitioners cannot insist to with some employees, marched to or appeared
respondents guilty of the lesser offense of Violation of
continue to work for the latter. Their pull-out from E-PCIBank simultaneously at or just outside the office of the Investigation
Reasonable Office Rules and Regulations and reduced the
did not constitute illegal dismissal since, first, petitioners Unit in a mass demonstration/rally of protest and support for
penalty to reprimand. The CSC ruled that respondents were
were not employees of E-PCIBank; and second, they were Messrs. Mario Molina and Albert Velasco, the latter having
not denied their right to due process but there was no
pulled out from said assignment due to the non-renewal of the surreptitiously entered the GSIS premises;
substantial evidence to hold them guilty of Conduct
Contract of Service between HI and E-PCIBank. At the time
xxx xxx xxx Prejudicial to the Best Interest of the Service. Instead,
they filed their complaints with the Labor Arbiter, petitioners
were not even dismissed by HI; they were only "off-detail" That some of these employees badmouthed the security x x x. The actuation of the appellants in going to the IU,
pending their re-assignment by HI to another client. And guards and the GSIS management and defiantly raised wearing red shirts, to witness a public hearing cannot be
when they were actually given new assignments by HI with clenched fists led by Atty. Velasco who was barred by considered as constitutive of such offense. Appellants'
other clients,59 petitioners even refused the same. As the Hearing Officer Marvin R. Gatpayat in an Order dated 24 May (respondents herein) assembly at the said office to express
NLRC pronounced, petitioners complaint for illegal dismissal 2005 from appearing as counsel for Atty. Molina pursuant to support to Velasco, their Union President, who pledged to
is apparently premature. Section 7 (b) (2) of R.A. 6713 otherwise known as the Code of defend them against any oppression by the GSIS
Conduct and Ethical Standards for Public Officials and management, can be considered as an exercise of their
WHEREFORE, premises considered, the Petition
Employees; freedom of expression, a constitutionally guaranteed right.6 x
is DENIED for lack of merit. The Decision dated 24 April 2006
xx
and Resolution dated 31 October 2006 of the Court of Appeals That respondent, together with other employees in utter
are AFFIRMED. Costs against petitioners. contempt of CSC Resolution No. 021316, dated 11 October PGM Garcia sought reconsideration but was denied. Thus,
2002, otherwise known as Omnibus Rules on Prohibited PGM Garcia went to the Court of Appeals via a Petition for
SO ORDERED.
Concerted Mass Actions in the Public Sector caused alarm Review under Rule 43 of the Rules on Civil Procedure.7 The
and heightened some employees and disrupted the work at CA upheld the CSC in this wise:
the Investigation Unit during office hours.2
The Civil Service Commission is correct when it found that the
This episode was earlier reported to PGM Garcia, through an act sought to be punished hardly falls within the definition of
office memorandum dated May 31, 2005, by the Manager of a prohibited concerted activity or mass action. The
the GSIS Security Department (GSIS-SD), Dennis Nagtalon. petitioners failed to prove that the supposed concerted

Evidence CASES: I. GENERAL PRINCIPLES Page 5 of 54

activity of the respondents resulted in work stoppage and
caused prejudice to the public service. Only about twenty (20)
out of more than a hundred employees at the main office,
joined the activity sought to be punished. These employees,
now respondents in this case, were assigned at different
offices of the petitioner GSIS. Hence, despite the belated
claim of the petitioners that the act complained of had
created substantial disturbance inside the petitioner GSIS'
premises during office hours, there is nothing in the record
that could support the claim that the operational capacity of
petitioner GSIS was affected or reduced to substantial
percentage when respondents gathered at the Investigation
Unit. Despite the hazy claim of the petitioners that the
gathering was intended to force the Investigation Unit and
petitioner GSIS to be lenient in the handling of Atty. Molina's
case and allow Atty. Velasco to represent Atty. Molina in his
administrative case before petitioner GSIS, there is likewise
no concrete and convincing evidence to prove that the
gathering was made to demand or force concessions,
economic or otherwise from the GSIS management or from
the government. In fact, in the separate formal charges filed
against the respondents, petitioners clearly alleged that
respondents "marched to or appeared simultaneously at or
just outside the office of the Investigation Unit in a mass
demonstration/rally of protest and support for Mssrs. Mario
Molina and Albert Velasco, the latter surreptitiously entered
the GSIS premises." Thus, petitioners are aware at the outset
that the only apparent intention of the respondents in going
to the IU was to show support to Atty. Mario Molina and Albert
Velasco, their union officers. The belated assertion that the
intention of the respondents in going to the IU was to disrupt
the operation and pressure the GSIS administration to be
lenient with Atty. Mario Molina and Albert Velasco, is only an
afterthought.8
Not in conformity, PGM Garcia is now before us via this
Petition for Review presenting the following:
STATEMENT OF THE ISSUES
I WHETHER AN ADMINISTRATIVE TRIBUNAL MAY APPLY
SUPPLETORILY THE PROVISIONS OF THE RULES OF COURT
ON THE EFFECT OF FAILURE TO DENY THE ALLEGATIONS
IN THE COMPLAINT AND FAILURE TO FILE ANSWER,
WHERE THE RESPONDENTS IN THE ADMINISTRATIVE
PROCEEDINGS DID NOT FILE ANY RESPONSIVE PLEADING
TO THE FORMAL CHARGES AGAINST THEM.
II WHETHER THE RULE THAT ADMINISTRATIVE DUE
PROCESS CANNOT BE EQUATED WITH DUE PROCESS IN
JUDICIAL SENSE AUTHORIZES AN ADMINISTRATIVE
TRIBUNAL TO CONSIDER IN EVIDENCE AND GIVE FULL
PROBATIVE VALUE TO UNNOTARIZED LETTERS THAT DID
NOT FORM PART OF THE CASE RECORD.
III WHETHER A DECISION THAT MAKES CONCLUSIONS OF
FACTS BASED ON EVIDENCE ON RECORD BUT MAKES A
CONCLUSION OF LAW BASED ON THE ALLEGATIONS OF A
DOCUMENT THAT NEVER FORMED PART OF THE CASE
RECORDS IS VALID.
IV WHETHER FURTHER PROOF OF SUSBTANTIAL evidence, when requested, he shall be considered to have
REDUCTION OF THE OPERATIONAL CAPACITY OF AN waived his right to file an answer and the PGM or the Board of
AGENCY, DUE TO UNRULY MASS GATHERING OF Trustees, in proper cases, shall render judgment, as may be
GOVERNMENT EMPLOYEES INSIDE OFFICE PREMISES AND warranted by the facts and evidence submitted by the
WITHIN OFFICE HOURS, IS REQUIRED TO HOLD THE SAID prosecution.
EMPLOYEES LIABLE FOR CONDUCT PREJUDICIAL TO THE
A perusal of said section readily discloses that the failure of a
BEST INTEREST OF THE SERVICE PURSUANT TO CSC
respondent to file an answer merely translates to a waiver of
RESOLUTION NO. 021316.
"his right to file an answer." There is nothing in the rule that
V WHETHER AN UNRULY MASS GATHERING OF TWENTY says that the charges are deemed admitted. It has not done
EMPLOYEES, LASTING FOR MORE THAN AN HOUR DURING away with the burden of the complainant to prove the charges
OFFICE HOURS, INSIDE OFFICE PREMISES AND WITHIN A with clear and convincing evidence.
UNIT TASKED TO HEAR AN ADMINISTRATIVE CASE, TO
It is true that Section 4 of the Rules of Court provides that the
PROTEST THE PROHIBITION AGAINST THE APPEARANCE
rules can be applied in a "suppletory character." Suppletory
OF THEIR LEADER AS COUNSEL IN THE SAID
is defined as "supplying deficiencies."10 It means that the
ADMINISTRATIVE CASE, FALLS WITHIN THE PURVIEW OF
provisions in the Rules of Court will be made to apply only
THE CONSTITUTIONAL GUARANTEE TO FREEDOM OF
where there is an insufficiency in the applicable rule. There
EXPRESSION AND PEACEFUL ASSEMBLY.
is, however, no such deficiency as the rules of the GSIS are
VI WHETHER THE CONCERTED ABANDONMENT OF explicit in case of failure to file the required answer. What is
EMPLOYEES OF THEIR POSTS FOR MORE THAN AN HOUR clearly stated there is that GSIS may "render judgment as
TO HOLD AN UNRULY PROTEST INSIDE OFFICE PREMISES may be warranted by the facts and evidence submitted by the
ONLY CONSTITUTES THE ADMINISTRATIVE OFFENSE OF prosecution."
VIOLATION OF REASONABLE OFFICE RULES AND
Even granting that Rule 8, Section 11 of the Rules of Court
REGULATIONS.9
finds application in this case, petitioners must remember that
The Court finds no merit in the petition. there remain averments that are not deemed admitted by the
failure to deny the same. Among them are immaterial
Petitioners primarily question the probative value accorded
allegations and incorrect conclusions drawn from facts set
to respondents' letters of explanation in response to the
out in the complaint.11 Thus, even if respondents failed to file
memorandum of the GSIS-IU Manager. The respondents
their answer, it does not mean that all averments found in the
never filed their answers to the formal charges. The
complaint will be considered as true and correct in their
petitioners argue that there being no answers, the allegations
entirety, and that the forthcoming decision will be rendered
in the formal charges that they filed should have been
in favor of the petitioners. We must not forget that even in
deemed admitted pursuant to Section 11, Rule 8 of the Rules
administrative proceedings, it is still the complainant, or in
of Court which provides:
this case the petitioners, who have the burden of proving,
SECTION 11. Allegations not specifically denied deemed with substantial evidence, the allegations in the complaint or
admitted.- Material averment in the complaint, other than in the formal charges.12
those as to the amount of liquidated damages, shall be
A perusal of the decisions of the CA and of the CSC will reveal
deemed admitted when not specifically denied. Allegations of
that the case was resolved against petitioners based, not on
usury in a complaint to recover usurious interest are deemed
the absence of respondents' evidence, but on the weakness
admitted if not denied specifically and under oath.
of that of the petitioners. Thus, the CA wrote:
According to the petitioners, this rule is applicable to the
Petitioners correctly submitted the administrative cases for
case at bench pursuant to Rule 1, Section 4 of the Rules of
resolution without the respondents' respective answer to the
Court which reads:
separate formal charges in accordance with Section 4, Rule
SECTION 4. In what cases not applicable. - These Rules shall XI of the RPAI. Being in full control of the administrative
not apply to election cases, land registration, cadastral, proceeding and having effectively prevented respondents
naturalization and insolvency proceedings, and other cases from further submitting their responsive answer and
not herein provided for, except by analogy or in a suppletory evidence for the defense, petitioners were in the most
character and whenever practicable and advantageous position to prove the merit of their allegations
convenient. (underscoring supplied) in the formal charges. When petitioner Winston Garcia issued
those similarly worded decisions in the administrative cases
The Court does not subscribe to the argument of the
against the respondents, it is presumed that all evidence in
petitioners. Petitioners' own rules, Rule XI, Section 4 of the
their favor were duly submitted and justly considered
GSIS' Amended Policy and Procedural Guidelines No. 178-04,
independent of the weakness of respondent's evidence in
specifically provides:
view of the principle that ''the burden of proof belongs to the
If the respondent fails to file his Answer within five (5) working one who alleges and not the one who denies."13
days from receipt of the Formal Charge for the supporting
Evidence CASES: I. GENERAL PRINCIPLES Page 6 of 54
On the merits, what needs to be resolved in the case at bench simultaneously.14 Thus, the petitioners were not even sure if was outweighed by the employee's interest in exercising his
is the question of whether or not there was a violation of the spontaneous act of each of the twenty or so GSIS First Amendment speech and associational rights by wearing
Section 5 of CSC Resolution No. 02-1316. Stated differently, employees on May 27, 2005 was a concerted one. The report a pro-union lapel button.19
whether or not respondents' actions on May 27, 2005 of Manager Nagtalon of the GSIS-SD which was the basis for
Thus, respondents' freedom of speech and of expression
amounted to a "prohibited concerted activity or mass action." PGM Garcia's formal charges reflected such uncertainty.
remains intact, and CSC's Resolution No. 02-1316 defining
Pertinently, the said provision states: Thus,
what a prohibited concerted activity or mass action has only
Section 5. As used in this Omnibus Rules, the phrase Of these red shirt protesters, only Mr. Molina has official tempered or regulated these rights. Measured against that
''prohibited concerted activity or mass action'' shall be business at the Investigation Unit during this time. The rest definition, respondents' actuations did not amount to a
understood to refer to any collective activity undertaken by abandoned their post and duties for the duration of this prohibited concerted activity or mass action. The CSC and
government employees, by themselves or through their incident which lasted until 10:55 A.M. It was also observed the CA were both correct in arriving at said conclusion.
employees organizations, with intent of effecting work that the protesters, some of whom raised their clenched left
WHEREFORE, the assailed August 31, 2007 Decision of the
stoppage or service disruption in order to realize their fists, carefully planned this illegal action as evident in their
Court of Appeals as well as its October 16, 2007 Resolution in
demands of force concession, economic or otherwise, from behavior of arrogance, defiance and provocation, the
CA G.R. SP No. 98952 are hereby AFFIRMED.
their respective agencies or the government. It shall include presence of various recording gadgets such as VCRs, voice
mass leaves, walkouts, pickets and acts of similar nature. recorders and digital cameras, the bad mouthing of the SO ORDERED.
(underscoring supplied) security guards and the PGM, the uniformity in their attire and
the collusion regarding the anomalous entry of Mr. Albert
In this case, CSC found that the acts of respondents in going
Velasco to the premises as reported earlier.15
to the GSIS-IU office wearing red shirts to witness a public
hearing do not amount to a concerted activity or mass action The said report of Nagtalon contained only bare facts. It did G.R. No. 116437 March 3, 1997
proscribed above. CSC even added that their actuations can not show respondents' unified intent to effect disruption or
be deemed an exercise of their constitutional right to freedom stoppage in their work. It also failed to show that their THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
of expression. The CA found no cogent reason to deviate purpose was to demand a force concession. PABLITO ANDAN y HERNANDEZ @ BOBBY, accused-
therefrom. appellant.
In the recent case of GSIS v. Kapisanan ng mga Manggagawa
As defined in Section 5 of CSC Resolution No. 02-1316 which sa GSIS,16 the Court upheld the position of petitioner GSIS
serves to regulate the political rights of those in the because its employees, numbering between 300 and 800 PER CURIAM:
government service, the concerted activity or mass action each day, staged a walkout and participated in a mass protest
proscribed must be coupled with the "intent of effecting work or demonstration outside the GSIS for four straight days. We Accused-appellant Pablito Andan y Hernandez alias "Bobby"
stoppage or service disruption in order to realize their cannot say the same for the 20 or so employees in this case. was accused of the crime of rape with homicide committed as
demands of force concession." Wearing similarly colored To equate their wearing of red shirts and going to the GSIS- follows:
shirts, attending a public hearing at the GSIS-IU office, IU office for just over an hour with that four-day mass action That on or about the 19th day of February 1994, in the
bringing with them recording gadgets, clenching their fists, in Kapisanan ng mga Manggagawa sa GSIS case and to municipality of Baliuag, province of Bulacan, Philippines,
some even badmouthing the guards and PGM Garcia, are punish them in the same manner would most certainly be and within the jurisdiction of this Honorable Court, the
acts not constitutive of an (i) intent to effect work stoppage or unfair and unjust. above-named accused, with lewd design, by means of
service disruption and (ii) for the purpose of realizing their violence and intimidation, did then and there wilfully,
Recent analogous decisions in the United States, while
demands of force concession. unlawfully and feloniously have carnal knowledge of one
recognizing the government's right as an employer to lay
Precisely, the limitations or qualifications found in Section 5 down certain standards of conduct, tend to lean towards a Marianne Guevarra y Reyes against her will and without
of CSC Resolution No. 02-1316 are there to temper and focus broad definition of "public concern speech" which is her consent; and the above-named accused in order to
the application of such prohibition. Not all collective activity protected by their First Amendment. One such case is that of suppress evidence against him and delay (sic) the
or mass undertaking of government employees is prohibited. Scott v. Meters.17 In said case, the New York Transit Authority identity of the victim, did then and there wilfully,
Otherwise, we would be totally depriving our brothers and (NYTA), responsible for operation of New York City's mass unlawfully and feloniously, with intent to kill the said
sisters in the government service of their constitutional right transit service, issued a rule prohibiting employees from Marianne Guevarra y Reyes, attack, assault and hit said
to freedom of expression. wearing badges or buttons on their uniforms. A number of victim with concrete hollow blocks in her face and in
union members wore union buttons promoting their different parts of her body, thereby inflicting upon her
Government workers, whatever their ranks, have as much mortal wounds which directly caused her death.
opposition to a collective bargaining agreement.
right as any person in the land to voice out their protests
Consequently, the NYTA tried to enforce its rule and Contrary to Law. 1
against what they believe to be a violation of their rights and
threatened to subject these union members to discipline. The
interests. Civil Service does not deprive them of their The prosecution established that on February 19, 1994 at
court, though recognizing the government's right to impose
freedom of expression. It would be unfair to hold that by about 4:00 P.M., in Concepcion Subdivision, Baliuag,
reasonable restrictions, held that the NYTA's rule was
joining the government service, the members thereof have Bulacan, Marianne Guevarra, twenty years of age and a
"unconstitutionally overboard."
renounced or waived this basic liberty. This freedom can be second-year student at the Fatima School of Nursing, left her
reasonably regulated only but can never be taken away. In another case, Communication Workers of America v. Ector home for her school dormitory in Valenzuela, Metro Manila.
County Hospital District,18 it was held that, She was to prepare for her final examinations on February 21,
A review of PGM Garcia's formal charges against the
respondents reveals that he himself was not even certain A county hospital employee's wearing of a "Union Yes" lapel 1994. Marianne wore a striped blouse and faded denim pants
whether the respondents and the rest of the twenty or so pin during a union organization drive constituted speech on a and brought with her two bags containing her school
GSIS employees who were at the GSIS-IU office that fateful matter of public concern, and the county's proffered interest uniforms, some personal effects and more than P2,000.00 in
day marched there or just simply appeared there in enforcing the anti-adornment provision of its dress code cash.

Evidence CASES: I. GENERAL PRINCIPLES Page 7 of 54

Marianne was walking along the subdivision when appellant 5. Fractures: Thereafter, photographs were taken of appellant and the two
invited her inside his house. He used the pretext that the other suspects holding the bags. 7
5.1 maxillary bone, right.
blood pressure of his wife's grandmother should be taken.
Appellant and the two suspects were brought back to the
Marianne agreed to take her blood pressure as the old woman 5.2 mandible, multiple, complete, right, with
police headquarters. The following day, February 25, a
was her distant relative. She did not know that nobody was avulsion of 1st and 2nd incisors.
physical examination was conducted on the suspects by the
inside the house. Appellant then punched her in the abdomen,
6. Cerebral contusions, inferior surface, temporal and Municipal Health Officer, Dr. Orpha
brought her to the kitchen and raped her. His lust sated,
frontal lobes, right. Patawaran. 8 Appellant was found to sustain:
appellant dragged the unconscious girl to an old toilet at the
back of the house and left her there until dark. Night came 7. External genitalia HEENT: with multiple scratches on the neck Rt side.
and appellant pulled Marianne, who was still unconscious, to Chest and back: with abrasions (scratches at the back).
their backyard. The yard had a pigpen bordered on one side 7.1 minimal blood present.
Extremities: freshly-healed wound along index finger 1.5
by a six-foot high concrete fence. On the other side was a 7.2 no signs of recent physical injuries noted on cm. in size Lt. 9
vacant lot. Appellant stood on a bench beside the pigpen and both labia, introitus and exposed vaginal wall.
By this time, people and media representatives were already
then lifted and draped the girl's body over the fence to
8. Laboratory examination of smear samples from the gathered at the police headquarters awaiting the results of
transfer it to the vacant lot. When the girl moved, he hit her
vaginal cavity showed negative for spermatozoa the investigation. Mayor Trinidad arrived and proceeded to
head with a piece of concrete block. He heard her moan and
(Bulacan Provincial Hospital, February 22, 1994, by Dr. the investigation room. Upon seeing the mayor, appellant
hit her again on the face. After silence reigned, he pulled her
Wilfredo S. de Vera). approached him and whispered a request that they talk
body to the other side of the fence, dragged it towards a
privately. The mayor led appellant to the office of the Chief of
shallow portion of the lot and abandoned it. 2 CAUSE OF DEATH: Cardiorespiratory Arrest due to Police and there, appellant broke down and said "Mayor,
At 11:00 A.M. of the following day, February 20, 1994, the Cerebral Contusions due to Traumatic Injuries, Face. 3 patawarin mo ako! I will tell you the truth. I am the one who
body of Marianne was discovered. She was naked from the Marianne's gruesome death drew public attention and killed Marianne." The mayor opened the door of the room to
chest down with her brassiere and T-shirt pulled toward her prompted Mayor Cornelio Trinidad of Baliuag to form a crack let the public and media representatives witness the
neck. Nearby was found a panty with a sanitary napkin. team of police officers to look for the criminal. Searching the confession. The mayor first asked for a lawyer to assist
appellant but since no lawyer was available he ordered the
The autopsy conducted by Dr. Alberto Bondoc revealed that place where Marianne's body was found, the policemen
recovered a broken piece of concrete block stained with what proceedings photographed and videotaped. 10 In the
Marianne died of "traumatic injuries" sustained as follows:
appeared to be blood. They also found a pair of denim pants presence of the mayor, the police, representatives of the
1. Abrasions: and a pair of shoes which were identified as Marianne's. 4 media and appellant's own wife and son, appellant confessed
his guilt. He disclosed how he killed Marianne and
1.1 chest and abdomen, multiple, superficial, linear, Appellant's nearby house was also searched by the police
volunteered to show them the place where he hid her bags.
generally oblique from right to left. who found bloodstains on the wall of the pigpen in the He asked for forgiveness from Larin and Dizon whom he
2. Abrasions/contusions: backyard. They interviewed the occupants of the house and falsely implicated saying he did it because of ill-feelings
learned from Romano Calma, the stepbrother of appellant's against them. 11 He also said that the devil entered his mind
2.1 temple, right. wife, that accused-appellant also lived there but that he, his because of the pornographic magazines and tabloid he read
wife and son left without a word. Calma surrendered to the almost everyday. 12 After his confession, appellant hugged
2.2 cheek, right.
police several articles consisting of pornographic pictures, a his wife and son and asked the mayor to help
2.3 upper and lower jaws, right. pair of wet short pants with some reddish brown stain, a towel him. 13 His confession was captured on videotape and
also with the stain, and a wet T-shirt. The clothes were found covered by the media nationwide. 14
2.4 breast, upper inner quadrant, right.
in the laundry hamper inside the house and allegedly
2.5 breast, upper outer quadrant, left. belonged to appellant. 5 Appellant was detained at the police headquarters. The next
two days, February 26 and 27, more newspaper, radio and
2.6 abdomen, just above the umbilicus, rectangular, The police tried to locate appellant and learned that his television reporters came. Appellant was again interviewed
approximate 3 inches in width, from right MCL to left parents live in Barangay Tangos, Baliuag, Bulacan. On and he affirmed his confession to the mayor and reenacted
AAL. February 24 at 11:00 P.M., a police team led by Mayor the crime. 15
Trinidad traced appellant in his parents' house. They took him
2.7 elbow joint, posterior, bilateral.
aboard the patrol jeep and brought him to the police On arraignment, however, appellant entered a plea of "not
3. Hematoma: headquarters where he was interrogated. Initially, appellant guilty." He testified that in the afternoon of February 19, 1994
denied any knowledge of Marianne's death. However, when he was at his parent's house in Barangay Tangos attending
3.1 upper and lower eyelids, bilateral.
the police confronted him with the concrete block, the the birthday party of his nephew. He, his wife and son went
3.2 temple, lateral to the outer edge of eyebrow, victim's clothes and the bloodstains found in the pigpen, home after 5:00 P.M. His wife cooked dinner while he watched
right. appellant relented and said that his neighbors, Gilbert Larin their one-year old son. They all slept at 8:00 P.M. and woke up
and Reynaldo Dizon, killed Marianne and that he was merely the next day at 6:00 in the morning. His wife went to Manila to
3.3 upper and lower jaws, right. a lookout. He also said that he knew where Larin and Dizon collect some debts while he and his son went to his parents'
4. Lacerated wounds: hid the two bags of Marianne. 6 Immediately, the police took house where he helped his father cement the floor of the
appellant to his house. Larin and Dizon, who were rounded up house. His wife joined them in the afternoon and they stayed
4.1 eyebrow, lateral border, right, 1/2 inch. earlier, were likewise brought there by the police. Appellant there until February 24, 1994 when he was picked up by the
4.2 face, from right cheek below the zygoma to went to an old toilet at the back of the house, leaned over a police.
16

midline lower jaw, 4 inches. flower pot and retrieved from a canal under the pot, two bags Appellant was brought by the police to a hotel at Bagong
which were later identified as belonging to Marianne. Nayon, Baliuag. In one of the rooms, the policemen covered

Evidence CASES: I. GENERAL PRINCIPLES Page 8 of 54

his face with a bedsheet and kicked him repeatedly. They
coerced him to confess that he raped and killed Marianne.
When he refused, they pushed his head into a toilet bowl and
injected something into his buttocks. Weakened, appellant
confessed to the crime. Thereafter, appellant was taken to his
house where he saw two of his neighbors, Larin and Dizon.
He was ordered by the police to go to the old toilet at the back
of the house and get two bags from under the flower pot.
Fearing for his life, appellant did as he was told. 17
In a decision dated August 4, 1994, the trial court convicted
appellant and sentenced him to death pursuant to Republic
Act No. 7659. The trial court also ordered appellant to pay the
victim's heirs P50,000.00 as death indemnity, P71,000.00 as
actual burial expenses and P100,000.00 as moral damages,
thus:
WHEREFORE, in view of the foregoing, Pablito Andan y
Hernandez alias "Bobby is found guilty by proof beyond
a scintilla of doubt of the crime charged in the
Information (Rape with Homicide) and penalized in
accordance with R.A. No. 7659 (Death Penalty Law) Sec.
11, Par. 8, classifying this offense as one of the heinous
crimes and hereby sentences him to suffer the penalty of
DEATH; to indemnify the family of Marianne Guevarra the
amount of P50,000. 00 for the death of Marianne
Guevarra and P71,000.00 as actual burial and incidental
expenses and P100,000.00 as moral damages. After
automatic review of this case and the decision becomes
final and executory, the sentence be carried out.
SO ORDERED. 18
based on photographs and video footages of appellant's the testimony of SPO4 Danilo S. Bugay, the police chief
confessions and reenactments of the commission of the investigator of the crime, viz:
crime.
COURT How did you come about in concluding that it
Accused-appellant assails the admission of the testimonies of was accused who did this act?
the policemen, the mayor and the news reporters because
WITNESS: First, the place where Marianne was last
they were made during custodial investigation without the
found is at the backyard of the house of the accused.
assistance of counsel. Section 12, paragraphs (1) and (3) of
Second, there were blood stains at the pigpen, and third,
Article III of the Constitution provides:
when we asked Romano Calma who were his other
Sec. 12 (1) Any person under investigation for the companions in the house, he said that, it was Pablito
commission of an offense shall have the right to be Andan who cannot be found at that time and whose
informed of his right to remain silent and to have whereabouts were unknown, sir.
competent and independent counsel preferably of
Q: So you had a possible suspect?
his own choice. If the person cannot afford the
services of counsel, he must be provided with one. A: Yes, sir.
These rights cannot be waived except in writing and
Q: You went looking for Pablito Andan?
in the presence of counsel.
A: Yes, sir.
(2) . . .
Q: And then, what else did you do?
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be A: We tried to find out where we can find him and
inadmissible in evidence against him. from information we learned that his parents live in
Barangay Tangos in Baliuag. We went there, found
(4) . . .
him there and investigated him and in fact during the
Plainly, any person under investigation for the investigation he admitted that he was the culprit.26
commission of an offense shall have the right (1) to
Appellant was already under custodial investigation
remain silent; (2) to have competent and independent
when he confessed to the police. It is admitted that the
counsel preferably of his own choice; and (3) to be
police failed to inform appellant of his constitutional
informed of such
rights when he was investigated and interrogated. 27His
rights. These rights cannot be waived except in writing
confession is therefore inadmissible in evidence. So too
and in the presence of counsel. Any confession or
20

This case is before us on automatic review in accordance were the two bags recovered from appellant's house.
admission obtained in violation of this provision is
with Section 22 of Republic Act No. 7659 amending Article 47 SPO2 Cesar Canoza, a member of the investigating team
inadmissible in evidence against him. The
21

of the Revised Penal Code. testified:

Appellant contends that:
I THE LOWER COURT ERRED IN ADMITTING AND USING
AS BASIS OF JUDGMENT OF CONVICTION THE
TESTIMONIES OF THE POLICE INVESTIGATORS,
REPORTERS AND THE MAYOR ON THE ALLEGED
ADMISSION OF THE ACCUSED DURING THE
CUSTODIAL INVESTIGATION, THE ACCUSED NOT
BEING ASSISTED BY COUNSEL IN VIOLATION OF THE
CONSTITUTION;
II THE LOWER COURT ERRED IN FINDING THAT THERE no longer a general inquiry into an unsolved crime but starts
WAS RAPE WHEN THERE IS NO EVIDENCE OF ANY to focus on a particular person as a suspect, i.e., when the
KIND TO SUPPORT IT;
III THE LOWER COURT ERRED IN MAKING A FINDING
OF CONVICTION WHEN THE EVIDENCE IN ITS
TOTALITY SHOWS THAT THE PROSECUTION FAILED
TO PROVE BEYOND REASONABLE DOUBT THE GUILT
OF THE ACCUSED. 19
The trial court based its decision convicting appellant on the
testimonies of the three policemen of the investigating team,
the mayor of Baliuag and four news reporters to whom
appellant gave his extrajudicial oral confessions. It was also
exclusionary rule is premised on the presumption that
the defendant is thrust into an unfamiliar atmosphere
and runs through menacing police interrogation
procedures where the potentiality for compulsion
physical and psychological, is forcefully apparent. 22 The
incommunicado character of custodial interrogation or
investigation also obscures a later judicial determination
of what really transpired. 23
It should be stressed that the rights under Section 12 are
accorded to "[a]ny person under investigation for the
commission of an offense." An investigation begins when it is
police investigator starts interrogating or exacting a
confession from the suspect in connection with an alleged
offense. 24 As intended by the 1971 Constitutional
Convention, this covers "investigation conducted by police
authorities which will include investigations conducted by the
municipal police, the PC and the NBI and such other police
agencies in our government." 25
When the police arrested appellant, they were no longer
engaged in a general inquiry about the death of Marianne.
Indeed, appellant was already a prime suspect even before
the police found him at his parents' house. This is clear from
Atty. Valmores: You told the court that you were
able to recover these bags marked as Exhs. B and
B-1 because accused pointed to them, where did he
point these bags?
A: At the police station, sir, he told us that he hid the
two (2) bags beneath the canal of the toilet.
Q: In other words, you were given the information
where these two (2) bags were located?
A: Yes, sir.
Q: And upon being informed where the two (2) bags
could be located what did you do?
A: We proceeded to the place together with the
accused so that we would know where the two (2)
bags were hidden, sir.
Q: And did you see actually those two (2) bags
before the accused pointed to the place where the
bags were located?
A: After he removed the broken pots with which he
covered the canal, he really showed where the bags
were hidden underneath the canal, sir. 28

Evidence CASES: I. GENERAL PRINCIPLES Page 9 of 54

The victim's bags were the fruits of appellant's uncounselled Article III of the Constitution. However, appellant's person because I knew that there were five other
confession to the police. They are tainted evidence, hence confession to the mayor was not made in response to any suspects in this case and he said that he was
also inadmissible. 29 interrogation by the latter. 33 In fact, the mayor did not admitting it voluntarily to the policemen. I asked him
question appellant at all. No police authority ordered whether he was under the influence of drugs but he
The police detained appellant after his initial confession. The
appellant to talk to the mayor. It was appellant himself who said no, and "nakainom lang," sir.
following day, Mayor Trinidad visited the appellant. Appellant
spontaneously, freely and voluntarily sought the mayor for a
approached the mayor and requested for a private talk. They Q: You mentioned earlier that the uncle of the
private meeting. The mayor did not know that appellant was
went inside a room and appellant confessed that he alone accused was present, was the uncle beside him at
going to confess his guilt to him. When appellant talked with
committed the crime. He pleaded for forgiveness. Mayor the time that you asked the question?
the mayor as a confidant and not as a law enforcement
Trinidad testified, viz:
officer, his uncounselled confession to him did not violate his A: The uncle was there including the barangay
Mayor Trinidad: . . . . During the investigation when constitutional rights. 34 Thus, it has been held that the captain whose name I cannot recall anymore. A
there were already many people from the media, constitutional procedures on custodial investigation do not barangay captain of the place, I don't know if it is the
Andan whispered something to me and requested apply to a spontaneous statement, not elicited through place of the crime scene or in the place where
that he be able to talk to me alone, so what I did was questioning by the authorities, but given in an ordinary Marianne Guevarra resides but . . . All throughout
that, I brought him inside the office of the chief of manner whereby appellant orally admitted having committed the scene inside the office of the Station
police. the crime. 35 What the Constitution bars is the compulsory Commander, there was no air of any force or any
disclosure of incriminating facts or confessions. The rights threatening nature of investigation that was being
Private Prosecutor Principe: And so what happened
under Section 12 are guaranteed to preclude the slightest done on the suspect, that is why, I was able to talk
inside the office of the Chief of Police, mayor?
use of coercion by the state as would lead the accused to to him freely and in a voluntary manner he admitted
A: While inside the office of the headquarters he told admit something false, not to prevent him from freely and to me that he was the one who raped and killed, so
me "Mayor patawarin mo ako,! I will tell you the voluntarily telling the truth. 36 Hence, we hold that appellant's we went to the next stage of accompanying me to
truth. I am the one who killed Marianne." So when he confession to the mayor was correctly admitted by the trial the scene of the crime where the reenactment and
was telling this to me, I told him to wait a while, then court. everything that transpired during the killing of
I opened the door to allow the media to hear what he Marianne Guevarra.
Appellant's confessions to the media were likewise properly
was going to say and I asked him again whether he
admitted. The confessions were made in response to Q: Before you started that interview, did you inform
was the one who did it, he admitted it, sir. This was
questions by news reporters, not by the police or any other or ask permission from the accused Pablito Andan
even covered by a television camera. 30
investigating officer. We have held that statements that you were going to interview him?
xxx xxx xxx spontaneously made by a suspect to news reporters on a
A: Yes, sir.
televised interview are deemed voluntary an are admissible
Q: During that time that Pablito Andan whispered to in evidence. 37
xxx xxx xxx
you that he will tell you something and then you
responded by bringing him inside the office of the The records show that Alex Marcelino, a television reporter Q: You mentioned that after interviewing the
Chief of Police and you stated that he admitted that for "Eye to Eye" on Channel 7, interviewed appellant on accused at the office of the Baliuag PNP, you also
he killed Marianne . . . February 27, 1994. The interview was recorded on video and went to the scene of the crime?
showed that appellant made his confession willingly, openly
Court: He said to you the following words . . . and publicly in the presence of his wife, child and other A: Yes, sir.
Atty. Principe: He said to you the following words relatives. 38 Orlan Mauricio, a reporter for "Tell the People" on Q: Who accompanied you?
"Mayor, patawarin mo ako! Ako ang pumatay kay Channel 9 also interviewed appellant on February 25, 1994.
A: I was accompanied by some Baliuag policemen
Marianne," was that the only admission that he told He testified that:
including Mayor Trinidad and some of the relatives
you? Atty. Principe: You mentioned awhile ago that you of the accused.
A: The admission was made twice. The first one was, were able to reach the place where the body of
Marianne was found, where did you start your Q: At this time, did you see the wife of the accused,
when we were alone and the second one was before
interview, in what particular place? Pablito Andan?
the media people, sir.
Mr. Mauricio: Actually, I started my newsgathering A: Yes, sir, I saw her at the place where the body of
Q: What else did he tell you when you were inside
and interview inside the police station of Baliuag Guevarra was recovered.
the room of the Chief of Police?
and I identified myself to the accused as I have Q: How many relatives of accused Pablito Andan
A: These were the only things that he told me, sir. I mentioned earlier, sir. At first, I asked him whether were present, more or less?
stopped him from making further admissions he was the one who raped and killed the victim and
because I wanted the media people to hear what he I also learned from him that the victim was his A: There were many, sir, because there were many
was going to say, sir. 31 cousin. wailing, weeping and crying at that time when he
was already taken in the patrol jeep of the Baliuag
Under these circumstances, it cannot be successfully Q: And what was the response of Pablito Andan? police, sir.
claimed that appellant's confession before the mayor is
inadmissible. It is true that A: His response was he is a cousin of the victim and Q: Now, Mr. Mauricio, upon reaching the scene of
a municipal mayor has "operational supervision and control" that he was responsible for raping and killing the the crime in Concepcion, Baliuag, Bulacan, what
over the local victim, sir. And then I asked him whether his transpired?
police 32 and may arguably be deemed a law enforcement admission was voluntary or that there was a threat,
officer for purposes of applying Section 12 (1) and (3) of intimidation or violence that was committed on his

Evidence CASES: I. GENERAL PRINCIPLES Page 10 of 54

 A: I started my work as a reporter by trying to dig
deeper on how the crime was committed by the
accused, so we started inside the pigpen of that old
house where I tried to accompany the accused and
asked him to narrate to me and show me how he
carried out the rape and killing of Marianne
Guevarra, sir.
Q: Did he voluntarily comply?
A: Yes, sir, in fact, I have it on my videotape.
Q: It is clear, Mr. Mauricio, that from the start of your
interview at the PNP Baliuag up to the scene of the
crime, all the stages were videotaped by you?
A: Yes, sir. 39
Journalist Berteni Causing of "People's Journal Tonite"
likewise covered the proceedings for three successive
days. 40 His testimony is as follows:
Atty. Principe: You mentioned that you had your own
inquiries?
A: We asked first permission from the mayor to
interrupt their own investigation so that we can have
a direct interview with the suspect.
Q: Were there people?
A: The people present before the crowd that
included the mayor, the deputy chief of police,
several of the policemen, the group of Inday
Badiday and several other persons. I asked the
suspect after the mayor presented the suspect to us
and after the suspect admitted that he was the one
who killed Marianne. I reiterated the question to the
suspect. Are you aware that this offense which is
murder with . . . rape with murder is a capital
offense? And you could be sentenced to death of
this? And he said, Yes. So do you really admit that
you were the one who did it and he repeated it, I
mean, say the affirmative answer.
Q: And that was in the presence of the crowd that
you mentioned a while ago?
A: Yes, yes, sir. And if I remember it right, as I took
my camera to take some pictures of the suspect, the
mayor, the policemen and several others, I heard
the group of Inday Badiday asking the same
questions from the suspect and the suspect
answered the same.
Q: Also in the presence of so many people that you
mentioned?
A: The same group of people who were there, sir.
Q: You mentioned that the answer was just the same
as the accused answered you affirmatively, what
was the answer, please be definite?
Court: Use the vernacular.
Evidence CASES: I. GENERAL PRINCIPLES
A: I asked him the question, after asking him the
question," Ikaw ba talaga and gumawa ng pagpatay
at pag-rape sa kay Marianne? Ang sagot nya, "Oo."
Alam mo ba itong kasalanang ito, kamatayan ang
hatol, inaamin mo pa ba na ikaw and gumawa sa
pagpatay at pag-rape kay Marianne?" Sagot pa rin
siya ng "Oo."
xxx xxx xxx
Q: Did you ask him, why did you kill Marianne?
A: I asked him, your Honor and the reason he told
me was because a devil gripped his mind and
because of that according to him, your Honor, were
the pornographic magazines, pornographic
tabloids which he, according to him, reads almost
everyday before the crime.
Atty. Principe: At the time of your interview, Mr.
Reporter, will you tell the court and the public what
was the physical condition of accused Pablito
Andan?
A: As I observed him that time, there was no sign on
his body that he was really down physically and I
think he was in good condition.
Court: So he was not happy about the incident?
A: He even admitted it, your Honor.
Court: He was happy?
A: He admitted it. He was not happy after doing it.
Court: Was he crying?
A: As I observed, your Honor, the tears were only
apparent but there was no tear that fell on his face.
Court: Was he feeling remorseful?
A: As I observed it, it was only slightly, your Honor.
xxx xxx xxx 41
Another journalist, Rey Domingo, of "Bandera"
interviewed appellant on February 26, 1994. 42 He also
testified that:
Atty. Principe: Now, Mr. Witness, did the accused
Pablito Andan give you the permission that you
asked from him?
A: Yes, sir.
Q: And when he allowed you to interview him, who
were present?
A: The first person that I saw there was Mayor
Trinidad, policemen from Baliuag, the chief
investigator, SPO4 Bugay, and since Katipunan, the
chief of police was suspended, it was the deputy
who was there, sir.
Q: Were they the only persons who were present
when you interviewed the accused?
A: There were many people there, sir. The place was
crowded with people. There were people from the
PNP and people from Baliuag, sir.
Q: How about the other representatives from the
media?
A: Roy Reyes, Orlan Mauricio arrived but he arrived
late and there were people from the radio and from
TV Channel 9.
Q: How about Channel 7?
A: They came late. I was the one who got the scoop
first, sir.
Q: You stated that the accused allowed you to
interview him, was his wife also present?
A: Yes, sir, and even the son was there but I am not
very sure if she was really the wife but they were
hugging each other and she was crying and from the
questions that I asked from the people there they
told me that she is the wife, sir.
Q: How about the other members of the family of the
accused, were they around?
A: I do not know the others, sir. but there were many
people there, sir.
Q: Now, according to you, you made a news item
about the interview. May we know what question did
you ask and the answer.
A: My first question was, is he Pablito Andan and his
answer was "Yes."
Q: What was the next question?
A: I asked him how he did the crime and he said that,
he saw the victim aboard a tricycle. He called her
up. She entered the house and he boxed her on the
stomach.
Q: What was the next question that you asked him?
A: He also said that he raped her and he said that
the reason why he killed the victim was because he
was afraid that the incident might be discovered,
sir.
Q: Now, after the interview, are we correct to say
that you made a news item on that?
A: Yes, sir, based on what he told me. That's what I
did.
Q: Were there other questions propounded by you?
A: Yes, sir.
Q: "Ano iyon?"
Page 11 of 54
 A: He said that he threw the cadaver to the other
side of the fence, sir.
Q: Did he mention how he threw the cadaver of
Marianne to the other side of the fence?
A: I cannot remember the others, sir.
Q: But can you produce the news item based on that
interview?
A: I have a xerox copy here, sir.
xxx xxx xxx 43
Clearly, appellant's confessions to the news reporters were
given free from any undue influence from the police
authorities. The news reporters acted as news reporters
when they interviewed appellant. 44 They were not acting
under the direction and control of the police. They were there
to check appellant's confession to the mayor. They did not
force appellant to grant them an interview and reenact the
commission of the crime. 45 In fact, they asked his permission
before interviewing him. They interviewed him on separate
days not once did appellant protest his innocence. Instead,
he repeatedly confessed his guilt to them. He even supplied
all the details in the commission of the crime, and consented
to its reenactment. All his confessions to the news reporters
were witnessed by his family and other relatives. There was
no coercive atmosphere in the interview of appellant by the
news reporters.
We rule that appellant's verbal confessions to the newsmen
are not covered by Section 12 (1) and (3) of Article III of the
Constitution. The Bill of Rights does not concern itself with
the relation between a private individual and another
individual. 46 It governs the relationship between the
individual and the State. The prohibitions therein are
primarily addressed to the State and its agents. They confirm
that certain rights of the individual exist without need of any
governmental grant, rights that may not be taken away by
government, rights that government has the duty to
protect. 47Governmental power is not unlimited and the Bill of
Rights lays down these limitations to protect the individual
against aggression and unwarranted interference by any
department of government and its agencies. 48
In his second assigned error, appellant questions the
sufficiency of the medical evidence against him. Dr. Alberto
Bondoc, a Medical Specialist with the Provincial Health
Office, conducted the first autopsy and found no
spermatozoa and no recent physical injuries in the
hymen. 49 Allegedly,
the minimal blood found in her vagina could have been
caused by her menstruation. 50
We are unpersuaded. A second autopsy was conducted on
March 1, 1994 by Dr. Dominic L. Aguda, a medico-legal officer
of the National Bureau of Investigation. His findings affirmed
the absence of spermatozoa but revealed that the victim's
hymen had lacerations, thus:
Evidence CASES: I. GENERAL PRINCIPLES
Hymen contracted, tall, thin with fresh Q: What could have caused those lacerations?
lacerations with clotted blood at 6 and 3 o'clock
A: Well, it could have been caused by an object that
positions corresponding to the walls of the clock. 51
is forcibly inserted into that small opening of the
Dr. Aguda testified that the lacerations were fresh and hymen causing lacerations on the edges of the
that they may have been caused by an object forcibly hymen, sir.
inserted into the vagina when the victim was still alive,
Q: If the victim had sexual intercourse, could she
indicating the possibility of penetration. 52His testimony
sustain those lacerations?
is as follows:
A: It is possible, sir. 53
Witness: When I exposed the hymen, I found
lacerations in this 3 o'clock and 6 o'clock position We have also ruled in the past that the absence of
corresponding to the walls of the clock. . . . . spermatozoa in the vagina does not negate the commission
of rape 54 nor does the lack of complete penetration or
Court: Include the descriptive word, fresh.
rupture of the hymen. 55 What is essential is that there be
Witness: I put it in writing that this is fresh because penetration of the female organ no matter how slight. 56 Dr.
within the edges of the lacerations, I found blood Aguda testified that the fact of penetration is proved by the
clot, that is why I put it into writing as fresh. lacerations found in the victim's vagina. The lacerations were
fresh and could not have been caused by any injury in the first
Atty. Valmonte: Now, Doctor, you told the Court that
autopsy.
what you did on the cadaver was merely a re-
autopsy, that means, doctor the body was autopsied Dr. Aguda's finding and the allegation that the victim was
first before you did you re-autopsy? raped by appellant are supported by other evidence, real and
testimonial, obtained from an investigation of the witnesses
A: Yes, sir.
and the crime scene, viz:
Q: Could it not be, doctor, that these injuries you
(1) The victim, Marianne, was last seen walking along the
found in the vagina could have been sustained on
subdivision road near appellant's house; 57
account of the dilation of the previous autopsy?
(2) At that time, appellant's wife and her step brother and
A: Well, we presumed that if the first doctor
grandmother were not in their house; 58
conducted the autopsy on the victim which was
already dead, no amount of injury or no amount of (3) A bloodstained concrete block was found over the fence
lacerated wounds could produce blood because of appellant's house, a meter away from the wall. Bloodstains
there is no more circulation, the circulation had were also found on the grass nearby and at the pigpen at the
already stopped. So, I presumed that when the back of appellant's house; 59
doctor examined the victim with the use of forceps
(4) The victim sustained bruises and scars indicating that her
or retractor, vaginal retractor, then I assumed that
body had been dragged over a flat rough surface. 60 This
the victim was already dead. So it is impossible that
supports the thesis that she was thrown over the fence and
the lacerated wounds on the hymen were caused by
dragged to where her body was found;
those instruments because the victim was already
dead and usually in a dead person we do not (5) Appellant's bloodstained clothes and towel were found in
produce any bleeding. the laundry hamper in his house;
Q: What you would like to tell the Court is this: that (6) The reddish brown stains in the towel and T-shirt of
the lacerations with clotted blood at 6 and 3 o'clock appellant were found positive for the presence of blood type
positions corresponding to the walls of the clock "B," the probable blood type of the victim. 61 Marianne 's exact
could have been inflicted or could have been blood type was not determined but her parents had type "A"
sustained while the victim was alive? and type "AB." 62 The victim's pants had bloodstains which
were found to be type "O," appellant's blood type; 63
A: Yes, sir.
(7) Appellant had scratch marks and bruises in his body
Q: This clotted blood, according to you, found at the
which he failed to explain; 64
edges of the lacerated wounds, now will you kindly
go over the sketch you have just drawn and indicate (8) For no reason, appellant and his wife left their residence
the edges of the lacerated wounds where you found after the incident and were later found at his parents' house
the clotted blood? in Barangay Tangos, Baliuag, Bulacan; 65
A: This is the lacerated wound at 3 o'clock and this In fine, appellant's extrajudicial confessions together with the
is the lacerated wound at 6 o'clock. I found the blood other circumstantial evidence justify the conviction of
clot at this stage. The clotted blood are found on the appellant.
edges of the lacerated wounds, sir.
Page 12 of 54
Appellant 's defense of alibi cannot overcome the prosecution
evidence. His alibi cannot even stand the test of physical
improbability at the time of the commission of the crime.
Barangay Tangos is only a few kilometers away from
Concepcion Subdivision and can be traversed in less than
half an hour. 66
IN VIEW WHEREOF, the decision of the Regional Trial Court,
Branch 15, Malolos, Bulacan in Criminal Case No. 1109-M-94
is affirmed and accused-appellant Pablito Andan y
Hernandez is found guilty of the special complex crime of
rape with homicide under Section 11 of Republic Act No. 7659
amending Article 335 of the Revised Penal Code and is
sentenced to the penalty of death, with two (2) members of
the Court, however, voting to impose reclusion perpetua.
Accused-appellant is also ordered to indemnify the heirs of
the victim, Marianne Guevarra, the sum of P50,000.00 as civil
indemnity for her death and P71,000.00 as actual damages.
In accordance with Section 25 of Republic Act No. 7659
amending Article 83 of the Revised Penal Code, upon finality
of this decision, let the records of this case be forthwith
forwarded to the Office of the President for possible exercise
of the pardoning power.
SO ORDERED.
G.R. No. 122485 February 1, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LARRY
MAHINAY Y AMPARADO, accused-appellant.
PER CURIAM:
A violation of the dignity, purity and privacy of a child who is
still innocent and unexposed to the ways of worldly pleasures
is a harrowing experience that destroys not only her future
but of the youth population as well, who in the teachings of
our national hero, are considered the hope of the fatherland.
Once again, the Court is confronted by another tragic
desecration of human dignity, committed no less upon a child,
who at the salad age of a few days past 12 years, has yet to
knock on the portals of womanhood, and met her untimely
death as a result of the "intrinsically evil act" of non-
consensual sex called rape. Burdened with the supreme
penalty of death, rape is an ignominious crime for which
necessity is neither an excuse nor does there exist any other
rational justification other than lust. But those who lust ought
not to last.
The Court quotes with approval from the People's Brief, the
facts narrating the horrible experience and the tragic demise
of a young and innocent child in the bloody hands of
appellant, as such facts are ably supported by evidence on
record: 1*
Appellant Larry Mahinay started working as houseboy
with Maria Isip on November 20, 1953. His task was to
take care of Isip's house which was under construction
Evidence CASES: I. GENERAL PRINCIPLES
adjacent to her old residence situated inside a
compound at No. 4165 Dian Street, Gen. T. de Leon,
Valenzuela, Metro Manila. But he stayed and slept in an
apartment also owned by Isip, located 10 meters away
from the unfinished house (TSN, September 6, 1995, pp.
5-10).
The victim, Ma. Victoria Chan, 12 years old, was Isip's
neighbor in Dian Street. She used to pass by Isip's house
on her way to school and play inside the compound yard,
catching maya birds together with other children. While
they were playing, appellant was always around washing
his clothes. Inside the compound yard was a septic tank
(TSN, August 22, 1995, pp. 29-31; September 6, 1995,
pp.17; 20-22).
On June 25, 1995, at 8 o'clock a.m., appellant joined
Gregorio Rivera in a drinking spree. Around 10 o'clock in
the morning, appellant, who was already drunk, left
Gregorio Rivera and asked permission from Isip to go out
with his friends (TSN, September 6, 1995; pp. 9-11).
Meantime, Isip's sister-in-law, Norgina Rivera, who also
owned a store fronting the compound, saw Ma.Victoria
on that same day three to four times catching birds
inside Isip's unfinished house around 4 o'clock in the
afternoon. The unfinished house was about 8 meters
away from Rivera's store (TSN, September 18, 1995, pp.
9-11).
On the other hand, Sgt. Roberto Suni, also a resident of
Dian Street, went to his in-law's house between 6 to 7
o'clock p.m. to call his office regarding changes on the
trip of President Fidel V. Ramos. The house of his in-laws
was near the house of Isip. On his way to his in-law's
house, Sgt. Suni met appellant along Dian Street. That
same evening, between 8 to 9 o'clock p.m., he saw Ma.
Victoria standing in front of the gate of the unfinished
house (TSN, September 27, 1995, pp. 3-7; 14-17).
Later, at 9 o'clock in the evening, appellant showed up at
Norgina Rivera's store to buy lugaw. Norgina Rivera
informed appellant that there was none left of it. She
notice that appellant appeared to be uneasy and in deep
thought. His hair was disarrayed; he was drunk and was
walking in a dazed manner. She asked why he looked so
worried but he did not answer. Then he left and walked
back to the compound (TSN, September 18, 1995, pp. 4-
8; 12-14).
Meanwhile, Elvira Chan noticed that her daughter, Ma.
Victoria, was missing. She last saw her daughter
wearing a pair of white shorts, brown belt, a yellow hair
ribbon, printed blue blouse, dirty white panty, white lady
sando and blue rubber slippers (TSN, August 23, 1995,
pp. 22, 33).
Isip testified that appellant failed to show up for supper
that night. On the following day, June 26, 1995, at 2
o'clock in the morning, appellant boarded a passenger
jeepney driven by Fernando Trinidad at the talipapa.
Appellant alighted at the top of the bridge of the North
Expressway and had thereafter disappeared (TSN,
September 20, 1995, pp. 4-9; September 27, l995; pp. 14-
17).
That same morning, around 7:30, a certain Boy found the
dead body of Ma. Victoria inside the septic tank. Boy
immediately reported what he saw to the victim's
parents, Eduardo and Elvira Chan (TSN, September 6,
1995, p. 13).
With the help of the Valenzuela Police, the lifeless body
of Ma. Victoria was retrieved from the septic tank. She
was wearing a printed blouse without underwear. Her
face bore bruises. Results of the autopsy revealed the
following findings:
Cyanosis, lips and nailbeds,
Contusions, suprapubic area, 6.0 x 3.0 cm., thigh right,
Anterior aspect, middle third, 4.5 x 3.0 cm.
Contused-abrasions on the forehead, 5.0 x 5.0 cm. angle
of the left eye, lateral aspect, 2.5 x 1.5 cm. left jaw, 13.5
x 7.0 cm. neck, antero-lateral aspect, right, 2.0 x 1.0 cm.
and left, 7.0 x 6.0 cm., left iliac area, 9.0 x 5.5 cm.
intraclavicular area, left, posterior aspect, 4.0 x 2.0 cm.
scapular area, right 4.0 x 4.0 cm. subscapular area, left,
1.5 x 1.5 cm. lumbar area, left 7.0 x 8.0 cm. arm, left,
posterior aspect, middle third, 11.00 x 4.0 cm elbows,
right, 4.0 x 3.0 cm. and left 6.0 x 5.0 cm, forearms, left,
posterior aspect, lower rd, 5.2 x 4.0 cm. hand, left, dorsal
aspect, 0.8 x 0.9 cm. thighs; right antero-lateral aspect,
upper 33rd , 12.0 x 10.0 cm. right anterior aspect, lower
3rd 5.0 x 2.0 cm. and left antero-lower 3rd, 5.5 x 2.5 cm.
knee, right, lateral aspect, 1.5 X 1.0 cm. lateral
mallcolum, left, 3.0 x 3.5 cm. foot, left, dorsal aspect 2.2
x 1.0 cm.
Hematoma, forehead, and scalp, left, 3.5 x 3.0 cm.
Hemorrhage, interstitial, underneath nailmarks, neck,
subepicardial, subpleural petechial hemorrhages.
Hemorrhage, subdural, left fronto-parietal area.
Tracheo-bronchial tree, congested.
Other visceral organs, congested.
Stomach, contain 1/4 rice and other food particles.
CAUSE OF DEATH - Asphyxia by Manual Strangulation;
Traumatic Head Injury, Contributory.
REMARKS: Hymen: tall, thick with complete lacerations
at 4:00 and 8:00 o'clock position corresponding to the
face of a watch edges congested with blood clots. (TSN,
August 18, 1995; p. 4; Record, p. 126).
Back in the compound, SPO1 Arsenio Nacis and SPO1
Arnold Alabastro were informed by Isip that her
houseboy, appellant Larry Mahinay, was missing.
According to her, it was unlikely for appellant to just
Page 13 of 54
 disappear from the apartment since whenever he would
go out, he would normally return on the same day or early
morning of the following day (TSN, September 6, 1995,
pp. 6-11-27).
to which he pleaded not guilty. After trial, the lower court
SPO1 Nacis and SPO1 Alabastro were also informed that
rendered a decision convicting appellant of the crime
a townmate of appellant was working in a pancit factory
charged, sentenced him to suffer the penalty of death and to
at Barangay Reparo, Caloocan City. They proceeded to
pay a total of P73,000.00 to the victim's heirs. The dispositive
said place. The owner of the factory confirmed to them
portion of the trial court's decision states:
that appellant used to work at the factory but she did not
know his present whereabouts. Appellant's townmate,
on the other hand, informed them that appellant could
possibly be found on 8th Street, Grace Park, Caloocan
City (TSN, August 14, 1995, pp. 8-9).
The policemen returned to the scene of the crime. At the
second floor of the house under construction, they
retrieved from one of the rooms a pair of dirty white short
pants, a brown belt and a yellow hair ribbon which was
identified by Elvira Chan to belong to her daughter, Ma.
Victoria. They also found inside another room a pair of
blue slippers which Isip identified as that of appellant.
Also found in the yard, three armslength away from the
septic tank were an underwear, a leather wallet, a pair
of dirty long pants and a pliers positively identified by Isip
as appellant's belongings. These items were brought to Upon automatic review by the Court en banc pursuant to
the police station (TSN, August 14, 1995, pp. 10-13; Article 47 of the Revised Penal Code. (RPC), as
August 18, 1995, pp. 3-8; August 23, 1995, pp. 21-25).
A police report was subsequently prepared including a
referral slip addressed to the office of the Valenzuela
Prosecutor. The next day, SPO1 Virgilio Villano retrieved
the victim's underwear from the septic tank (TSN, August
23, 1995, pp. 3-8; 14-17).
After a series of follow-up operations, appellant was
finally arrested in Barangay Obario Matala, Ibaan,
Batangas. He was brought to the Valenzuela Police
Station. On July 7, 1995, with the assistance of Atty.
Restituto Viernes, appellant executed an extra-judicial
confession wherein he narrated in detail how he raped
and killed the victim. Also, when appellant came face to
face with the victim's mother and aunt, he confided to
them that he was not alone in raping and killing the
victim. He pointed to Zaldy and Boyet as his co-
conspirators (TSN, August 14,1995, pp. 13-21).
Thus, on July 10, 1995, appellant was charged with rape with
homicide in an Information which reads: 2
That on or about the 26th day of June 1995 in Valenzuela,
Metro Manila and within the jurisdiction of this Honorable
Court the above-named accused, by means of force and
intimidation employed upon the person of MARIA
VICTORIA CHAN y CABALLERO, age 12 years old, did
then and there wilfully, unlawfully and feloniously lie with
and have sexual intercourse with said MARIA VICTORIA
CHAN Y CABALLERO against her will and without her
consent; that on the occasion of said sexual assault, the
above-named accused, choke and strangle said MARIA
VICTORIA CHAN Y CABALLERO as a result of which,
said victim died.
Contrary to law. 3
WHEREFORE, finding accused Larry Mahinay y
Amparado guilty beyond reasonable doubt of the crime
charged, he is hereby sentenced to death by
electricution (sic). He is likewise condemned to
indemnify the heirs of the victim, Ma. Victoria Chan the
amount of P50,000.00 and to pay the further sum of
P23,000.00 for the funeral, burial and wake of the victim.
Let the complete records of the case be immediately
forwarded to the Honorable Supreme Court for the
automatic review in accordance to Article 47 of the
Revised Penal Code as amended by Section 22 of
Republic Act No. 7659.
SO ORDERED. 4
amended, 5 appellant insists that the circumstantial evidence
presented by the prosecution against him is insufficient to
prove his guilt beyond reasonable doubt. In his testimony
summarized by the trial court, appellant offered his version of
what transpired as follows:
(T)hat on June 25, 1995, around 9:30 a.m. on Dian Street,
Gen. T. de Leon, Valenzuela, Metro Manila, he joined
Gregorio Rivera and a certain Totoy in a drinking spree.
Gregorio Rivera is the brother of Maria Isip, appellant's
employer. After consuming three cases of red horse
beer, he was summoned by Isip to clean the jeepney. He
finished cleaning the jeepney at 12 o'clock noon. Then he
had lunch and took a bath. Later, he asked permission
from Isip to go out with his friends to see a movie. He also
asked for a cash advance of P300.00 (TSN, October 16,
1995, pp. 4-5-5).
At 2 o'clock in the afternoon, appellant, instead of going
out with his friend, opted to rejoin Gregorio Rivera and
Totoy for another drinking session. They consumed one
case of red horse beer. Around 6 o'clock p.m., Zaldy, a
co-worker, fetched him at Gregorio Rivera's house. They
went to Zaldy's house and bought a bottle of gin. They
finished drinking gin around 8 o'clock p.m. After
consuming the bottle of gin, they went out and bought
another bottle of gin from a nearby store. It was already
9 o'clock in the evening. While they were at the store,
appellant and Zaldy met Boyet. After giving the bottle of
gin to Zaldy and Boyet, appellant left (TSN, October 16,
1995, pp. 6-7).
Evidence CASES: I. GENERAL PRINCIPLES
On his way home, appellant passed by Norgina Rivera's
store to buy lugaw. Norgina Rivera informed him that
there was none left of it. He left the store and proceeded
to Isip's apartment. But because it was already closed,
he decided to sleep at the second floor of Isip's
unfinished house. Around 10 o'clock p.m., Zaldy and
Boyet arrived carrying a cadaver. The two placed the
body inside the room where appellant was sleeping. As
appellant stood up, Zaldy pointed to him a knife. Zaldy
and Boyet directed him to rape the dead body of the child
or they would kill him. He, however, refused to follow.
Then, he was asked by Zaldy and Boyet to assist them in
bringing the dead body downstairs. He obliged and
helped dump the body into the septic tank. Thereupon,
Zaldy and Boyet warned him that should they ever see
him again, they would kill him. At 4 o'clock the following
morning, he left the compound and proceeded first to
Navotas and later to Batangas (TSN, October 16, 1995,
pp. 4-13).
Subsequently, appellant was apprehended by the police
officers in Ibaan, Batangas. The police officers allegedly
brought him to a big house somewhere in Manila. There,
appellant heard the police officer's plan to salvage him if
he would not admit that he was the one who raped and
killed the victim. Scared, he executed an extra-judicial
confession. He claimed that he was assisted by Atty.
Restituto Viernes only when he was forced to sign the
extra-judicial confession (TSN, October 16, 1995, pp. 9-
11). 6
This being a death penalty case, the Court exercises the
greatest circumspection in the review thereof since "there
can be no stake higher and no penalty more severe . . . than
the termination of a human life." 7 For life, once taken is like
virginity, which once defiled can never be restored. In order
therefore, that appellant's guilty mind be satisfied, the Court
states the reasons why, as the records are not shy, for him to
verify.
The proven circumstances of this case when juxtaposed with
appellant's proffered excuse are sufficient to sustain his
conviction beyond reasonable doubt, notwithstanding the
absence of any direct evidence relative to the commission of
the crime for which he was prosecuted. Absence of direct
proof does not necessarily absolve him from any liability
because under the Rules on evidence 8 and pursuant to
settled jurisprudence, 9conviction may be had on
circumstantial evidence provided that the following
requisites concur:
1. there is more than one circumstance;
2. the facts from which the inferences are derived
are proven; and
3. the combination of all the circumstances is such
as to produce a conviction beyond reasonable
doubt.
Page 14 of 54
 Simply put, for circumstantial evidence to be sufficient to
support a conviction, all circumstances must be
consistent with each other, consistent with the
hypothesis that the accused is guilty, and at the same
time inconsistent with the hypothesis that he is innocent
and with every other rational hypothesis except that of
guilt. 10 Facts and circumstances consistent with guilt
and inconsistent with innocence, constitute evidence
which, in weight and probative force, may surpass even
direct evidence in its effect upon the court. 11
In the case at bench, the trial court gave credence to several
circumstantial evidence, which upon thorough review of the
Court is more than enough to prove appellant's guilt beyond
the shadow of reasonable doubt. These circumstantial
evidence are as follows:
FIRST Prosecution witness Norgina Rivera, sister-in-
law of Maria Isip, owner of the unfinished big house
where the crime happened and the septic tank where the
body of Maria Victoria Chan was found in the morning of
June 26, 1995 is located, categorically testified that at
about 9:00 in the evening on June 25, 1995, accused
Larry Mahinay was in her store located in front portion of
the compound of her sister-in-law Maria Isip where the
unfinished big house is situated buying rice noodle
(lugaw). That she noticed the accused's hair was
disarranged, drunk and walking in sigsagging manner.
That the accused appeared uneasy and seems to be
thinking deeply. That the accused did not reply to her
queries why he looked worried but went inside the
compound.
SECOND Prosecution witness Sgt. Roberto C. Suni,
categorically testified that on June 25, 1995 between
6:00 and 7:00 in the evening, on his way to his in-laws
house, he met accused Larry Mahinay walking on the
road leading to his in-law's residence which is about 50
to 75 meters away to the unfinished big house of Maria
Isip. That he also saw victim Maria Victoria Chan
standing at the gate of the unfinished big house of Maria
Isip between 8:00 and 9:00 in the same evening.
THIRD Prosecution witness Maria Isip, owner of the
unfinished big house where victim's body was found
inside the septic tank, testified that accused Larry
Mahinay is her houseboy since November 20, 1993. That
in the morning of June 25, 1995, a Sunday, Larry Mahinay
asked permission from her to leave. That after finishing
some work she asked him to do accused Larry Mahinay
left. That it is customary on the part of Larry Mahinay to
return in the afternoon of the same day or sometimes in
the next morning. That accused Larry Mahinay did not
return until he was arrested in Batangas on July 7, 1995.
FOURTH Prosecution witness Fernando Trinidad, a
passenger jeepney driver plying the route Karuhatan-
Ugong and vice versa which include Dian St., Gen. T. de
Leon, Valenzuela, Metro Manila, pinpointed the accused
Larry Mahinay as one of the passengers who boarded his
passenger jeepney on June 26, 1995 at 2:00 early
morning and alighted on top of the overpass of the North
Expressway.
FIFTH Personal belongings of the victim was found in
the unfinished big house of Maria Isip where accused
Larry Mahinay slept on the night of the incident. This is a
clear indication that the victim was raped and killed in
the said premises.
There is no showing that the testimonies of the
prosecution witnesses (sic) fabricated or there was any
reason for them to testify falsely against the accused.
The absence of any evidence as to the existence of
improper motive sustain the conclusion that no such
improper motive exists and that the testimonies of the
witnesses, therefore, should be given full faith and
credit. (People vs. Retubado, 58585 January 20, 1988
162 SCRA 276,. 284; People vs. Ali L-18512 October 30,
1969, 29 SCRA 756).
SIXTH Accused Larry Mahinay during the custodial
investigation and after having been informed of his
constitutional rights with the assistance of Atty.
Restituto Viernes of the Public Attorney's Office
voluntarily gave his statement admitting the commission
of the crime. Said confession of accused Larry Mahinay
given with the assistance of Atty. Restituto Viernes is
believed to have been freely and voluntarily given. That
accused did not complain to the proper authorities of any
maltreatment on his person (People vs. delos Santos L-
3398 May 29, 1984;150 SCRA 311). He did not even
informed the Inquest Prosecutor when he sworn to the
truth of his statement on July 8, 1995 that he was forced,
coersed or was promised of reward or leniency. That his
confession abound with details know only to him. The
Court noted that a lawyer from the Public Attorneys
Office Atty. Restituto Viernes and as testified by said
Atty. Viernes he informed and explained to the accused
his constitutional rights and was present all throughout
the giving of the testimony. That he signed the statement
given by the accused. Lawyer from the Public Attorneys
Office is expected to be watchful and vigilant to notice
any irregularity in the manner of the investigation and the
physical conditions of the accused. The post mortem
findings shows that the cause of death Asphyxia by
manual strangulation; Traumatic Head injury
Contributory substantiate. Consistent with the testimony
of the accused that he pushed the victim and the latter's
head hit the table and the victim lost consciousness.
Pagpasok niya sa kuwarto, hinawakan ko siya sa
kamay tapos tinulak ko siya, tapos tumama iyong ulo
niya sa mesa. Ayon na, nakatulog siya tapos ni-rape
ko na siya.
There is no clear proof of maltreatment and/or tortured
in giving the statement. There were no medical
certificate submitted by the accused to sustain his claim
that he was mauled by the police officers.
Evidence CASES: I. GENERAL PRINCIPLES
There being no evidence presented to show that
said confession were obtained as a result of
violence, torture, maltreatment, intimidation, threat
or promise of reward or leniency nor that the
investigating officer could have been motivated to
concoct facts narrated in said affidavit; the
confession of the accused is held to be true, correct
and freely or voluntarily given. (People v. Tuazon 6
SCRA 249; People v. Tiongson 6 SCRA 431, People
v. Baluran 52 SCRA 71, People v. Pingol 35 SCRA
73.)
SEVENTH Accused Larry Mahinay testified in open
Court that he was notable to enter the apartment where
he is sleeping because it was already closed and he
proceeded to the second floor of the unfinished house
and slept. He said while sleeping Zaldy and Boyet arrived
carrying the cadaver of the victim and dumped it inside
his room. That at the point of a knife, the two ordered him
to have sex with the dead body but he refused. That the
two asked him to assist them in dumping the dead body
of the victim in the septic tank downstairs. (Tsn pp. 8-9
October 16, 1995). This is unbelievable and unnatural.
Accused Larry Mahinay is staying in the apartment and
not in the unfinished house. That he slept in the said
unfinished house only that night of June 25, 1995
because the apartment where he was staying was
already closed. The Court is at a loss how would Zaldy
and Boyet knew he (Larry Mahinay) was in the second
floor of the unfinished house.
Furthermore, if the child is already dead when brought
by Zaldy and Boyet in the room at the second floor of the
unfinished house where accused Larry Mahinay was
sleeping, why will Boyet and Zaldy still brought the
cadaver upstairs only to be disposed/dump later in the
septic tank located in the ground floor. Boyet and Zaldy
can easily disposed and dumped the body in the septic
tank by themselves.
It is likewise strange that the dead body of the child was
taken to the room where accused Larry Mahinay was
sleeping only to force the latter to have sex with the dead
body of the child.
We have no test to the truth of human testimony
except it's conformity to aver knowledge
observation and experience. Whatever is repugnant
to these belongs to the miraculous. (People vs.
Santos L-385 Nov. 16, 1979)
EIGHT If the accused did not commit the crime and
was only forced to disposed/dumpted the body of the
victim in the septic tank, he could have apprise Col.
Maganto, a high ranking police officer or the lady
reporter who interviewed him. His failure and omission
to reveal the same is unnatural. An innocent person will
at once naturally and emphatically repel an accusation
of crime as a matter of preservation and self-defense and
as a precaution against prejudicing himself. A person's
Page 15 of 54
 silence therefore, particularly when it is persistent will
justify an inference that he is not innocent. (People vs.
Pilones, L-32754-5 July 21, 1978).
NINTH The circumstance of flight of the accused
strongly indicate his consciousness of guilt. He left the
crime scene on the early morning after the incident and
did not return until he was arrested in Batangas on July
7, 1995. 12
Guided by the three principles in the review of rape cases, to
wit: 13
1). An accusation for rape can be made with facility; it is
difficult to prove but more difficult for the person
accused, though innocent, to disprove;
2). In view of the intrinsic nature of the crime of rape,
where only two persons are usually involved, the
testimony of the complainant is scrutinized with extreme
caution; and
3). The evidence of the prosecution stands or falls on its
own merits and cannot be allowed to draw strength from
the weakness of the defense.
the foregoing circumstantial evidence clearly establishes the
felony of rape with homicide defined and penalized under
Section 335 of the Revised Penal Code, as amended by
Section 11, R.A. 7659, which provides:
When and how rape is committed - Rape is committed by
having carnal knowledge of a woman under any of the
following circumstances.
1.) By using force or intimidation;
2.) When the woman is deprived of reason or
otherwise unconscious: and
3.) When the woman is under twelve years of age or
is demented.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with use of a
deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be death. Based on the evidence on record, sexual intercourse with the
victim was adequately proven. This is shown from the
When the rape is attempted or frustrated and a homicide testimony of the medical doctor who conducted post
is committed by reason or on the occasion thereof, the mortem examination on the child's body:
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, a
homicide is committed the penalty shall be death.
The death penalty shall also be imposed if the crime of
rape is committed with any of the following attendant
circumstances:
1.) When the victim is under eighteen (18) years of
age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or A: The hymen was tall-thick with complete laceration at
affinity within the third civil degree, or the common- 4:00 o'clock and 8:00 o'clock position and that the edges
law spouse of the parent of the victim. were congested.
2.) When the victim is under the custody of the police Q: Now, what might have caused the laceration?
or military authorities.
A: Under normal circumstances this might have (sic)
3.) When the rape is committed in full view of the caused by a penetration of an organ.
husband, parent, any of the children or other
Q: So, the laceration was caused by the penetration of a
relatives within the third degree of consanguinity.
male organ?
4.) When the victim is a religious or a child below
A: Adult male organ, sir.
seven (7) years old.
Q: You are very sure of that, Mr. Witness?
5.) When the offender knows that he is afflicted with
Acquired Immune Deficiency Syndrome (AIDS) A: I am very sure of that. 20
disease.
Besides, as may be gleaned from his extrajudicial confession,
6.) When committed by any member of the Armed appellant himself admitted that he had sexual congress with
Forces of the Philippines or Philippine National the unconscious child.
Police or any law enforcement agency
15. T: Ano ang nangyari ng mga sandali o oras na iyon?
7.) When by reason or on the occasion of the rape,
S: Natutulog po ako sa itaas ng bahay ni ATE MARIA,
the victim has suffered permanent physical
yung malaking bahay na ginagawa, tapos dumating yung
mutilation. 14
batang babae. Pag-pasok niya sa kuwarto hinawakan ko
At the time of the commission of this heinous act, rape was siya sa kamay tapos tinulak ko siya. Tapos tumama yung
still considered a crime against chastity, although under
15
ulo niya sa mesa. Ayon na, nakakatulog na siya tapos ni
the Anti-Rape Law of 1997 (R.A. No. 8353), rape has since rape ko na siya.
been re-classified as a crime against persons under Articles
16. T: Ano ang suot nung batang babae na sinasabi mo?
266-A and 266-B, and thus, may be prosecuted even without
a complaint filed by the offended party. S: Itong short na ito, (pointing to a dirty white short
placed atop this investigator's table. Subject evidence
The gravamen of the offense of rape, prior to R.A. 8353, is
were part of evidences recovered at the crime scene).
sexual congress with a woman by force and without
consent. 16 (Under the new law, rape may be committed even 17. T: Bakit mo naman ni rape yung batang babae?
by a woman and the victim may even be a
S: Eh nasobrahan ako ng lasing. Hindi ko na alam ang
man.) If the woman is under 12 years of age, proof of force
17
ginagawa ko.
and consent becomes immaterial 18 not only because force is
not an element of statutory rape, but the absence of a free
19
18. T: Ano ba ang inyong ininom bakit ka nasobrahan ng
consent is presumed when the woman is below such age. lasing?
Conviction will therefore lie, provided sexual intercourse is
S: Red Horse po at saka GIN.
proven. But if the woman is 12 years of age or over at the time
she was violated, as in this case, not only the first element of 19. T: Saan lugar ng malaking bahay ni ATE MARIA mo ni
sexual intercourse must be proven but also the other element rape yung batang babae?.
that the perpetrator's evil acts with the offended party was
done through force, violence, intimidation or threat needs to S: Sa kuwarto ko po sa itaas.
be established. Both elements are present in this case. 20. T: Kailan ito at anong oras nangyari?
S: Mga bandang alas 8:00 ng gabi, araw ng Linggo, hindi
ko na matandaan kung anong petsa, basta araw ng
Linggo.
21. T: Saan lugar ito nangyari?
Q: And after that what other parts or the victim did you
examine? S: Sa Dian, Gen. T. de Leon, Valenzuela, M.M.
A: Then I examined the genitalia of the victim. 22. T: Alam mo ba ang pangalan ng batang babae na ni
rape mo?
Q: And what did you find out after you examined the
genitalia of the victim? S: Hindi ko po alam.
Evidence CASES: I. GENERAL PRINCIPLES Page 16 of 54
 23. T: Ngayon, nais kong ipaalam sa iyo na ang pangalan male organ into the female sex organ is enough to
ng batang babae na iyong ni rape at pinatay ay si MA. consummate the sexual intercourse. 22The mere touching by
VICTORIA CHAN? Matatandaan mo ha ito? the male's organ or instrument of sex of the labia of the
pudendum of the woman's private parts is sufficient to
S: Oho.
consummate rape.
24. T: Nung ma-rape mo, nakaraos ka ba?
From the wounds, contusions and abrasions suffered by the
S: Naka-isa po. victim, force was indeed employed upon her to satisfy carnal
lust. Moreover, from appellant's own account, he pushed the
25. T: Nais kong liwanagin sa iyo kung ano ang ibig
victim causing the latter to hit her head on the table and fell
sabihin ng "NAKARAOS", maaari bang ipaliwanag mo
unconscious. It was at that instance that he ravished her and
ito?
satisfied his salacious and prurient desires. Considering that
S: Nilabasan po ako ng tamod. the victim, at the time of her penile invasion, was
unconscious, it could safely be concluded that she had not
26 T: Nung nakaraos ka, nasaan parte na katawan ng given free and voluntary consent to her defilement, whether
batang babae yung iyong ari? before or during the sexual act.
S: Nakapasok po doon sa ari nung babae. Another thing that militates against appellant is his extra
27. T: Natapos mong ma-rape si MA. VICTORIA CHAN, judicial confession, which he, however, claims was executed
ano pa ang sumunod mong ginawa? in violation of his constitutional right to counsel. But his
contention is belied by the records as well as the testimony of
S: Natulak ko siya sa terrace. the lawyer who assisted, warned and explained to him his
28. T: Ano ang nangyari kay MA. VICTORIA matapos constitutionally guaranteed pre-interrogatory and custodial
mong itulak sa terrace? rights. As testified to by the assisting lawyer:
S: Inilagay ko po sa poso-negra. Q Will you please inform the Court what was that call
about?
29. T: Saan makikita yung poso negra na sinasabi mo?
A We went to the station, police investigation together
S: Doon din sa malaking bahay ni ATE MARIA. with Atty. Froilan Zapanta and we were told by Police
30. T: Bakit mo namang naisipang ilagay si MA. Officer Alabastro that one Larry Mahinay would like to
VICTORIA sa poso-negra? confess of the crime of, I think, rape with homicide.
S: Doon ko lang po inilagay. Q And upon reaching the investigation room of
Valenzuela PNP who were the other person present?
31. T: Bakit nga doon mo inilagay siya?
A Police Officer Alabastro, sir, Police Officer Nacis
S: Natatakot po ako. and other investigator inside the investigation room and
32. T: Kanino ka natatakot? the parents of the child who was allegedly raped.
S: Natatakot po ako sa ginawa kong masama, natatakot Q And when you reached the investigation room do
ako sa mga pulis. you notice whether the accused already there?
33. T: Buhay pa ba si MA. VICTORIA nung ilagay mo siya A The accused was already there.
sa poso-negra? Q Was he alone?
S: Hindi ko po alam dahil nung pagbagsak niya inilagay A He was alone, sir.
ko na siya sa poso-negra.
Q So, when you were already infront of SPO1 Arnold
34. T: Nung gawin mo ba itong krimen na ito, mayroon ka Alabastro and the other PNP Officers, what did they tell
kasama? you, if any?
S: Nag-iisa lang po ako. A They told us together with Atty. Zapanta that this
35. T: Noong mga oras o sandaling gahasain mo si MA. Larry Mahinay would like to confess of the crime
VICTORIA CHAN, buhay pa ba siya o patay na? charged, sir.
S: Buhay pa po. Q By the way, who was that Atty. Zapanta?
36. T: Papaano mo siya pinatay? A Our immediate Superior of the Public Attorney's
Office.
S: Tinulak ko nga po siya sa terrace. 21
Q Was he also present at the start of the question and
In proving sexual intercourse, it is not full or deep penetration answer period to the accused?
of the victim's vagina; rather the slightest penetration of the
Evidence CASES: I. GENERAL PRINCIPLES
A No more, sir, he already went to our office. I was left
alone.
Q But he saw the accused, Larry Mahinay?
A Yes, sir.
Q Now, when Atty. Zapanta left at what time did the
question and answer period start?
A If I am not mistaken at around 4:05 of July 7, 1995 in
the afternoon, sir.
Q And when this question and answer period started,
what was the first thing that you did as assisting lawyer
to the accused?
A First, I tried to explain to him his right, sir, under the
constitution.
Q What are those right?
A That he has the right to remain silent. That he has
the right of a counsel of his own choice and that if he has
no counsel a lawyer will be appointed to him and that he
has the right to refuse to answer any question that would
incriminate him.
Q Now, after enumerating these constitutional rights
of accused Larry Mahinay, do you recall whether this
constitutional right enumerated by you were reduced in
writing?
A Yes, sir, and it was also explained to him one by one
by Police Officer Alabastro.
Q I show to you this constitutional right which you said
were reduced into writing, will you be able to recognize
the same?
A Yes, sir.
Q Will you please go over this and tell the Court
whether that is the same document you mentioned?
A Yes, sir, these were the said rights reduced into
writing.
ATTY. PRINCIPE:
May we request, Your Honor, that this document be
marked as our Exhibit A. proper.
Q Do you recall after reducing into writing this
constitutional right of the accused whether you asked
him to sign to acknowledge or to conform?
A I was the one who asked him, sir. It was Police
Officer Alabastro.
Q But you were present?
A I was then present when he signed.
Q There is a signature in this constitutional right after
the enumeration, before and after there are two (2)
signatures, will you please recognize the two (2)
signatures?
Page 17 of 54
A These were the same signatures signed in my
presence, sir.
Q The signature of whom?
A The signature of Larry Mahinay, sir.
ATTY. PRINCIPE:
May we request, Your Honor, that the two (2) signatures
identified by my compaero be encircled and marked as
Exhibit A-1 and A-2.
Q After you said that you apprised the accused of his
constitutional right explaining to him in Filipino, in local
dialect, what was the respond of the accused?
A Larry Mahinay said that we will proceed with his
statement.
Q What was the reply?
A He said "Opo".
Q Did you ask him of his educational attainment?
A It was the Police Officer who asked him.
Q In your presence?
A In my presence, sir.
Q And when he said or when he replied "Opo" so the
question started?
A Yes, sir.
Q I noticed in this Exhibit A that there is also a waiver
of rights, were you present also when he signed this
waiver?
A Yes, sir, I was also present.
Q Did you explain to him the meaning of this waiver?
A I had also explained to him, sir.
Q In Filipino?
A In Tagalog, sir.
Q And there is also a signature after the waiver in
Filipino over the typewritten name Larry Mahinay,
"Nagsasalaysay", whose signature is that?
A This is also signed in my presence.
Q Why are you sure that this is his signature?
A He signed in my presence, sir.
Q And below immediately are the two (2) signatures.
The first one is when Larry Mahinay subscribed and
sworn to, there is a signature here, do you recognize this
signature?
A This is my signature, sir.
Q And immediately after your first signature is a
Certification that you have personally examined the
accused Larry Mahinay and testified that he voluntary
executed the Extra Judicial Confession, do you those defined in Articles 14 and 15. Under R.A. No. 8353, if
recognize the signature? any of the 10 circumstances is alleged in the
information/complaint, it may be treated as a qualifying
A This is also my signature, sir. 23 (emphasis supplied).
circumstance. But if it is not so alleged, it may be considered
Appellant's defense that two other persons brought to him the as an aggravating circumstance, in which case the only
dead body of the victim and forced him to rape the cadaver is penalty is death - subject to the usual proof of such
too unbelievable. In the words of Vice-Chancellor Van Fleet of circumstance in either case.
New Jersey, 24
Death being a single indivisible penalty and the only penalty
Evidence to be believed must not only proceed from the prescribed by law for the crime of "rape with homicide", the
mouth of a credible witness, but must be credible in itself court has no option but to apply the same "regardless of any
- such as the common experience and observation of mitigating or aggravating circumstance that may have
mankind can approve as probable under the attended the commission of the crime" 29 in accordance with
circumstances. We have no test or the truth of human Article 63 of the RPC, as amended. 30 This case of rape with
testimony, except its conformity to our knowledge, homicide carries with it penalty of death which is mandatorily
observation and experience. Whatever is repugnant to imposed by law within the import of Article 47 of the RPC, as
these belongs to the miraculous, and is outside of judicial amended, which provides:
cognizance.
The death penalty shall be imposed in all cases in which
Ultimately, all the foregoing boils down to the issue of it must be imposed under existing laws, except when the
credibility of witnesses. Settled is the rule that the findings of guilty person is below eighteen (18) years of age at the
facts and assessment of credibility of witnesses is a matter time of the commission of the crime or is more than
best left to the trial court because of its unique position of seventy years of age or when upon appeal or automatic
having observed that elusive and incommunicable evidence review of the case by the Supreme Court, the required
of the witnesses' deportment on the stand while testifying, majority vote is not obtained for the imposition of the
which opportunity is denied to the appellate courts. 25 In this death penalty, in which cases the penalty shall
case, the trial court's findings, conclusions and evaluation of be reclusion perpetua.
the testimony of witnesses is received on appeal with the
(emphasis supplied).
highest respect, 26 the same being supported by substantial
evidence on record. There was no showing that the court a In an apparent but futile attempt to escape the imposition of
quo had overlooked or disregarded relevant facts and the death penalty, appellant tried to alter his date of birth to
circumstances which when considered would have affected show that he was only 17 years and a few months old at the
the outcome of this case 27 or justify a departure from the time he committed the rape and thus, covered by the
assessments and findings of the court below. The absence of proscription on the imposition of death if the guilty person is
any improper or ill-motive on the part of the principal below eighteen (18) years at the time of the commission of the
witnesses for the prosecution all the more strengthens the crime. 31 Again, the record rebuffs appellant on this point
conclusion that no such motive exists. 28 Neither was any considering that he was proven to be already more than 20
wrong motive attributed to the police officers who testified years of age when he did the heinous act.
against appellant.
Pursuant to current case law, a victim of simple rape is
Coming now to the penalty, the sentence imposed by the trial entitled to a civil indemnity of fifty thousand pesos
court is correct. Under Article 335 of the Revised Penal Code (P50,000.00) but if the crime of rape is committed or
(RPC), as amended by R.A. 7659 "when by reason or on effectively qualified by any of the circumstances under which
occasion of the rape, a homicide is committed, the penalty the death penalty is authorized by present amended law, the
shall be death." This special complex crime is treated by law civil indemnity for the victim shall be not less than seventy-
in the same degree as qualified rape - that is, when any of the five thousand pesos (P75,000.00). 32 In addition to such
7 (now 10) "attendant circumstances" enumerated in the law indemnity, she can also recover moral damages pursuant to
is alleged and proven, in which instances, the penalty is Article 2219 of the Civil Code 33 in such amount as the court
death. In cases where any of those circumstances is deems just, without the necessity for pleading or proof of the
proven though not alleged, the penalty cannot be basis thereof. 34 Civil indemnity is different from the award of
death except if the circumstance proven can be properly moral and exemplary damages. 35 The requirement of proof of
appreciated as an aggravating circumstance under Articles mental and physical suffering provided in Article 2217 of the
14 and 15 of the RPC which will affect the imposition of the Civil Code is dispensed with because it is "recognized that
proper penalty in accordance with Article 53 of the RPC the victim's injury is inherently concomitant with and
However, if any of those circumstances proven but not necessarily resulting from the odious crime of rape to
alleged cannot be considered as an aggravating warrant per se the award of moral damages". 36 Thus, it was
circumstance under Articles 14 and 15, the same cannot held that a conviction for rape carries with it the award of
affect the imposition of the penalty because Article 63 of the moral damages to the victim without need for pleading or
RPC in mentioning aggravating circumstances refers to proof of the basis thereof. 37
Evidence CASES: I. GENERAL PRINCIPLES Page 18 of 54
Exemplary damages can also be awarded if the commission
of the crime was attended by one or more aggravating
circumstances pursuant to Article 2230 of the Civil
Code 38 after proof that the offended party is entitled to moral,
temperate and compensatory damages. 39 Under the
circumstances of this case, appellant is liable to the victim's
heirs for the amount of P75,000.00 as civil indemnity and
P50,000.00 as moral damages.
Lastly, considering the heavy penalty of death and in order to
ensure that the evidence against an accused were obtained
through lawful means, the Court, as guardian of the rights of
the people lays down the procedure, guidelines and duties
which the arresting, detaining, inviting, or investigating
officer or his companions must do and observe at the time of
making an arrest and again at and during the time of the
custodial interrogation 40 in accordance with the
Constitution, jurisprudence and Republic Act No. 7438: 41 It is
high-time to educate our law-enforcement agencies who
neglect either by ignorance or indifference the so-called
Miranda rights which had become insufficient and which the
Court must update in the light of new legal developments:
1. The person arrested, detained, invited or under
custodial investigation must be informed in a language
known to and understood by him of the reason for the
arrest and he must be shown the warrant of arrest, if any;
Every other warnings, information or communication
must be in a language known to and understood by said
person;
2. He must be warned that he has a right to remain silent
and that anystatement he makes may be used as
evidence against him;
3. He must be informed that he has the right to be
assisted at all times and have the presence of an
independent and competent lawyer, preferably of his
own choice;
4. He must be informed that if he has no lawyer or cannot
afford the services of a lawyer, one will be provided for
him; and that a lawyer may also be engaged by any
person in his behalf, or may be appointed by the court
upon petition of the person arrested or one acting in his
behalf;
In accordance with Section 25 of Republic Act No. 7659,
5. That whether or not the person arrested has a lawyer, amending Article 83 of the Revised Penal Code, upon finality
he must be informed that no custodial investigation in of this decision, let the records of this case be forthwith
any form shall be conducted except in the presence of forwarded to the Office of the President for possible exercise
his counsel or after a valid waiver has been made; of the pardoning power.
6. The person arrested must be informed that, at any SO ORDERED.
time, he has the right to communicate or confer by the
most expedient means - telephone, radio, letter or
messenger - with his lawyer (either retained or
appointed), any member of his immediate family, or any
medical doctor, priest or minister chosen by him or by
any one from his immediate family or by his counsel, or
be visited by/confer with duly accredited national or
international non-government organization. It shall be
the responsibility of the officer to ensure that this is G. R. No. 153699 August 22, 2005
accomplished;
CIRSE FRANCISCO "CHOY" TORRALBA, Petitioners, vs.
7. He must be informed that he has the right to waive any PEOPLE OF THE PHILIPPINES, Respondent.
of said rights provided it is made voluntarily, knowingly
DECISION
and intelligently and ensure that he understood the
same; CHICO-NAZARIO, J.:
8. In addition, if the person arrested waives his right to a This is a petition for review on certiorari of the
lawyer, he must be informed that it must be done in Decision1 promulgated on 22 May 2002 of the Court of
writing AND in the presence of counsel, otherwise, he Appeals in CA-G.R. CR No. 24818 which affirmed, with
must be warned that the waiver is void even if he insist modification, the trial courts2 decision finding petitioner
on his waiver and chooses to speak; Cirse Francisco "Choy" Torralba guilty of the crime of libel in
Criminal Case No. 9107.
9. That the person arrested must be informed that he
may indicate in any manner at any time or stage of the Culled from the records are the following facts:
process that he does not wish to be questioned with
Petitioner Torralba was the host of a radio program
warning that once he makes such indication, the police
called "Tug-Ani ang Lungsod" which was aired over the radio
may not interrogate him if the same had not yet
station DYFX in Cebu City. On 12 September 1994, an
commenced, or the interrogation must ceased if it has
information for libel was filed before the Regional Trial Court
already begun;
(RTC) of Tagbilaran City against petitioner Torralba. The
10. The person arrested must be informed that his initial information states:
waiver of his right to remain silent, the right to counsel or
The undersigned, City Prosecutor II, City of Tagbilaran,
any of his rights does not bar him from invoking it at any
Philippines, hereby accuses CIRSE FRANCISCO "CHOY"
time during the process, regardless of whether he may
TORRALBA for the crime of Libel, committed as follows:
have answered some questions or volunteered some
statements; That, on or about the 11th day of April, 1994, in the City of
Tagbilaran, Philippines, and within the jurisdiction of this
11. He must also be informed that any statement or
Honorable Court, the above-named accused, did then and
evidence, as the case may be, obtained in violation of any
there willfully, unlawfully and feloniously, with deliberate and
of the foregoing, whether inculpatory or exculpatory, in
malicious intent of maligning, impeaching and discrediting
whole or in part, shall be inadmissible in evidence.
the honesty, integrity, reputation, prestige and honor of late
Four members of the Court although maintaining their CFI Judge Agapito Y. Hontanosas, who was during his
adherence to the separate opinions expressed in People v. [lifetime] a CFI Judge of Cebu and a man of good reputation
Echegaray 42 that R.A. No. 7659, insofar as it prescribes the and social standing in the community and for the purpose of
death penalty, is unconstitutional nevertheless submit to exposing him to public hatred, contempt, disrespect and
the ruling of the Court, by a majority vote, that the law is ridicule, in his radio program "TUG-ANI AND
constitutional and that the death penalty should accordingly LUNGSOD" (TELL THE PEOPLE) over radio station DYFX,
be imposed. openly, publicly and repeatedly announce[d] the
following: "KINING MGA HONTANOSAS, AGAPITO
WHEREFORE, the conviction of appellant is hereby
HONTANOSAS UG CASTOR HONTANOSAS, MGA
AFFIRMED except for the award of civil indemnity for the
COLLABORATOR SA PANAHON SA GUERRA. SA ATO PA,
heinous rape which is INCREASED to P75,000.00, PLUS
TRAYDOR SA YUTANG NATAWHAN." X X X. "DUNAY DUGO
P50,000.00 moral damages.
NGA PAGKATRAYDOR ANG AMAHAN NI MANOLING
HONTANOSAS," which in English means: "THESE
HONTANOSAS, AGAPITO HONTANOSAS AND CASTOR
HONTANOSAS, ARE COLLABORATORS DURING THE WAR.
IN OTHER WORDS, THEY ARE TRAITORS TO THE LAND OF
THEIR BIRTH." X X X. "THE FATHER OF MANOLING
HONTANOSAS HAD TREACHEROUS BLOOD," and other
words of similar import, thereby maliciously exposing the
family of the late Judge Agapito Hontanosas including Atty.
Manuel L. Hontanosas,3 one of the legitimate children of [the]
late CFI Judge Agapito Y. Hontanosas to public hatred,
dishonor, discredit, contempt and ridicule causing the latter
to suffer social humiliation, embarrassment, wounded
feelings and mental anguish, to the damage and prejudice of
said Atty. Manuel L. Hontanosas in the amount to be proved
during the trial of the case.
Evidence CASES: I. GENERAL PRINCIPLES Page 19 of 54
Acts committed contrary to the provisions of Article 353 of On 17 December 1993, private complainant Atty. Hontanosas Torralba averred that the Hontanosas were traitors to the
the Revised Penal Code in relation to Article 355 of the same went on-air in petitioner Torralbas radio program to explain land of their birth; that Judge Agapito Hontanosas and Castor
Code. the side of TMSI. The day after said incident, however, Hontanosas were collaborators during the Japanese
petitioner Torralba resumed his assault on TMSI and its occupation; and that after he informed his siblings regarding
City of Tagbilaran, Philippines, September 8, 1994.
management. It was petitioner Torralbas relentless this, they asked him to institute a case against petitioner
(SGD.) ADRIANO P. MONTES badgering of TMSI which allegedly prompted Lim to tape Torralba.17
record petitioner Torralbas radio broadcasts. Three of the
City Prosecutor II When he was cross-examined by petitioner Torralbas
tape recordings were introduced in evidence by the
counsel, private complainant Atty. Hontanosas disclosed that
APPROVED: prosecution, to wit:
he did not actually hear petitioner Torralbas radio
(SGD) MARIANO CAPAYAS Exhibit B - tape recording of 19 January 19948 broadcasts and he merely relied on the tape recordings
presented to him by Lim as he believed them to be genuine.18
City Prosecutor 4 Exhibit C - tape recording of 25 January 19949
Sarmiento testified that he was the former court
Upon arraignment on 12 March 1996, petitioner Torralba Exhibit D - tape recording of 11 April 199410 stenographer and interpreter of RTC, Branch 3, Tagbilaran
pleaded not guilty to the crime he was charged with.5 City, and that he translated the contents of the tape
During his testimony, Lim admitted that he did not know how
On 14 May 1998, petitioner Torralba filed before the RTC, to operate a tape recorder and that he asked either his recordings in 1994 upon the request of private complainant
Branch 1, Tagbilaran City, where Crim. Case No. 9107 was adopted daughter, Shirly Lim, or his housemaid to record Atty. Hontanosas.
raffled off, a motion for consolidation6 alleging therein that petitioner Torralbas radio program. He maintained, The defense presented, as its sole witness, petitioner
private complainant Atty. Manuel Hontanosas (Atty. however, that he was near the radio whenever the recording Torralba himself. Petitioner Torralba maintained that he was
Hontanosas) filed a total of four (4) criminal cases for libel took place and had actually heard petitioner Torralbas radio a member of the Kapisanan ng mga Brodkaster ng
against petitioner Torralba, three of which Crim. Cases No. program while it was being taped. This prompted petitioner Pilipinas and other civic organizations in Cebu. In the course
8956, No. 8957, and No. 8958 were then pending with the Torralba to pose a continuing objection to the admission of of his profession as a radio broadcaster, he allegedly
RTC, Branch III, Tagbilaran City. As the evidence for the the said tape recordings for lack of proper authentication by received complaints regarding the services of TMSI
prosecution as well as the defense were substantially the the person who actually made the recordings. In the case of particularly with respect to the laborers low pay and
same, petitioner Torralba moved that Crim. Case No. 9107 be the subject tape recordings, Lim admitted that they were exhorbitant rates being charged for the arrastre services. As
consolidated with the three other cases so as to save time, recorded by Shirly Lim. The trial court provisionally admitted he was in favor of balanced programming, petitioner Torralba
effort, and to facilitate the early disposition of these cases. the tape recordings subject to the presentation by the
requested TMSI to send a representative to his radio show in
prosecution of Shirly Lim for the proper authentication of said
In its order dated 25 May 1998,7 the motion for consolidation pieces of evidence. Despite petitioner Torralbas objection to order to give the corporation an opportunity to address the
filed by petitioner Torralba was granted by the RTC, Branch the formal offer of these pieces of evidence, the court a issues leveled against it; thus, the radio interview of private
1, Tagbilaran City. complainant Atty. Hontanosas on
quo eventually admitted the three tape recordings into
17 December 1993.
During the trial on the merits of the consolidated cases, the evidence.11
prosecution presented as witnesses Segundo Lim, private It was revealed during Lims cross-examination12 that When petitioner Torralba was cross-examined by private
complainant Atty. Hontanosas, and Gabriel Sarmiento. complainant Atty. Hontanosas,19 he denied having called
petitioner Torralba previously instituted a criminal action for
former CFI Judge Hontanosas a traitor during his 11 April
Lim testified that he was one of the incorporators of the libel13 against the former arising from an article published in
1994 radio broadcast. Petitioner Torralba admitted, though,
Tagbilaran Maritime Services, Inc. (TMSI) and was at that the Sunday Post, a newspaper of general circulation in the
that during the 17 December 1993 appearance of private
time the assigned manager of the port in Tagbilaran City. provinces of Cebu and Bohol. In said case, Lim was found
complainant Atty. Hontanosas in his radio program, he did
According to him, sometime during the Marcos guilty as charged by the trial court14 and this decision was
ask the latter if he was in any way related to the late CFI Judge
administration, petitioner Torralba sought TMSIs subsequently affirmed, with modification, by the Court of
Hontanosas. Petitioner Torralba averred that he posed said
sponsorship of his radio program. This request was approved Appeals in its decision promulgated on 29 July 1996 in CA-
question as mere backgrounder on his interviewee.
by private complainant Atty. Hontanosas who was then the G.R. CR No. 16413 entitled, "People of the Philippines v.
president of TMSI. During the existence of said sponsorship Segundo Lim and Boy Guingguing."15 In our resolution of 04 On 24 August 2000, the trial court rendered an omnibus
agreement, the management of TMSI noticed that petitioner December 1996, we denied Lims petition for review decision20 acquitting petitioner Torralba in Crim. Cases No.
Torralba was persistently attacking former Bureau of Internal on certiorari.16 8956, No. 8957, and No. 8958 but holding him guilty of the
Revenue Deputy Director Tomas Toledo and his brother Boy crime of libel in Crim. Case No. 9107. The dispositive portion
For his part, private complainant Atty. Hontanosas testified
Toledo who was a customs collector. Fearing that the Toledos of the trial courts decision reads:
that he was at that time the chairman and manager of TMSI;
would think that TMSI was behind the incessant criticisms that on 20 January 1994, Lim presented to him a tape WHEREFORE, in view of all the foregoing, the Court hereby
hurled at them, the management of TMSI decided to cease recording of petitioner Torralbas radio program aired on 18 ACQUITS from criminal liability herein accused Cirse
sponsoring petitioner Torralbas radio show. In effect, the January 1994 during which petitioner Torralba allegedly Francisco Choy Torralba of the charges alluded in Criminal
TMSI sponsored "Tug-Ani ang Lungsod" for only a month at criticized him and stated that he was a person who could not Cases Nos. 8956, 8957, and 8958 being an exercise of
the cost of P500.00. be trusted; that in his radio show on 25 January 1994, legitimate self-defense, as afore-discussed. Consequently,
Soon thereafter, petitioner Torralba took on the management petitioner Torralba mentioned that "he was now [wary] to the corresponding cash bonds of the accused in said cases
of TMSI. Lim testified that petitioner Torralba accused TMSI interview any one because he had a sad experience with as shown by OR No. 5301156, No. 5301157, and No. 5301158,
of not observing the minimum wage law and that said someone who betrayed him and this someone was like his all dated February 23, 2000, issued by the Clerk of Court of
corporation was charging higher handling rates than what it father who was a collaborator"; that on 12 April 1994, Lim Multiple Salas in the amount of P4,200.00 each representing
was supposed to collect. brought to his office a tape recording of petitioner Torralbas cash deposits therefore are hereby cancelled and released.
radio program of 11 April 1994 during which petitioner

Evidence CASES: I. GENERAL PRINCIPLES Page 20 of 54

However, the Court finds the same accused GUILTY beyond ASSUMING WITHOUT ADMITTING THAT PETITIONER- identities of the persons speaking laid a sufficient foundation
reasonable doubt in Crim. Case No. 9107 for his unwarranted APPELLANT [TORRALBA] MADE UTTERANCES CONTAINED for the admission of the recordings.27 Likewise, a witness
blackening of the memory of the late Hon. CFI Judge Agapito IN THE TAPE RECORD MARKED AS EXHIBIT "D," THE declaration that the sound recording represents a true
Y. Hontanosas through the air lanes in his radio program HONORABLE COURT SERIOUSLY ERRED IN NOT portrayal of the voices contained therein satisfies the
resulting to the dishonor and wounded feelings of his CONSIDERING THE PRIVILEGE[D] NATURE OF HIS requirement of authentication.28 The party seeking the
children, grandchildren, relatives, friends, and close ALLEGED STATEMENTS IN FEALTY ADHERRENCE TO THE introduction in evidence of a tape recording bears the burden
associates. For this, the Court hereby sentences the accused LANDMARK DECISION OF THE HONORABLE SUPREME of going forth with sufficient evidence to show that the
to imprisonment for an indeterminate period of FOUR COURT IN BORJAL VS. CA, 301 SCRA 01 (JAN. 14, 1999). recording is an accurate reproduction of the conversation
MONTHS of Arresto Mayor to THREE YEARS of Prision recorded.29
IV
Correccional medium period pursuant to Art. 353 in relation
These requisites were laid down precisely to address the
to Art. 354 and Art. 355 of the Revised Penal Code under THE HONORABLE COURT OF APPEALS COMMITTED AN
criticism of susceptibility to tampering of tape recordings.
which the instant case falls. Furthermore, he is ordered to ERROR IN AWARDING DAMAGES AGAINST THE
Thus, it was held that the establishment of a proper
indemnify the heirs of the late Judge Agapito Y. Hontanosas PETITIONER ABSENT ANY SHOWING OF EVIDENT BAD
foundation for the admission of a recording provided
for moral damages suffered in the amount of ONE MILLION FAITH ON THE PART OF THE PETITIONER-APPELLANT
adequate assurance that proper safeguards were observed
PESOS (P1,000,000.00), as prayed for, considering their [TORRALBA] WHO ACTED WITH UBERIMA
for the preservation of the recording and for its protection
good reputation and high social standing in the community FIDES (OVERWHELMING GOOD FAITH) IN EXERCISING THE
against tampering.30
and the gravity of the dishonor and public humiliation CONSTITUTIONALLY ENSHRINED FREEDOM OF THE PRESS
caused.21 (ARTICLE 2220, NEW CIVIL CODE).23 In the case at bar, one can easily discern that the proper
foundation for the admissibility of the tape recording was not
Petitioner Torralba seasonably filed an appeal before the This Court deems it proper to first resolve the issue of the
adhered to. It bears stressing that Lim categorically admitted
Court of Appeals which, in the challenged decision before us, propriety of the lower courts admission in evidence of the 11
in the witness stand that he was not familiar at all with the
affirmed, with modification, the findings of the court a quo, April 1994 tape recording.
process of tape recording31 and that he had to instruct his
thus: Oddly, this matter was not addressed head-on by the Office
adopted daughter to record petitioner Torralbas radio
of the Solicitor General in its comment.
WHEREFORE, the appealed Decision of the court a broadcasts, thus:
quo is AFFIRMED with the modification that accused- Petitioner Torralba vigorously argues that the court a
ATTY. HONTANOSAS:
quo should not have given considerable weight on the tape
appellant is hereby sentenced to suffer imprisonment of four
(4) months of arresto mayor to two (2) years, eleven (11)
recording in question as it was not duly authenticated by q Was this radio program of the accused recorded on April
months and ten (10) days of prision correccional and to pay
Lims adopted daughter, Shirly Lim. Without said 11, 1994?
moral damages in the amount of P100,000.00.22 authentication, petitioner Torralba continues, the tape
a Yes, sir.
recording is incompetent and inadmissible evidence. We
Hence, the present recourse where petitioner Torralba
agree. q Who recorded the same radio program of April 11, 1994?
raises the following issues:
It is generally held that sound recording is not inadmissible a It was my adopted daughter whom I ordered to tape
I
because of its form24 where a proper foundation has been laid recorded the radio program of Choy Torralba.32
THE HONORABLE COURT OF APPEALS SPEAKING to guarantee the genuineness of the recording.25 In our
Clearly, Shirly Lim, the person who actually recorded
THROUGH ITS SPECIAL FIFTEENTH DIVISION GRAVELY jurisdiction, it is a rudimentary rule of evidence that before a
petitioner Torralbas radio show on 11 April 1994, should
ERRED IN AFFIRMING THE DECISION OF THE LOWER tape recording is admissible in evidence and given probative
have been presented by the prosecution in order to lay the
COURT A QUO (WITH MODIFICATION), CONVICTING value, the following requisites must first be established, to
proper foundation for the admission of the purported tape
PETITIONER-APPELLANT [TORRALBA] FOR THE CRIME OF wit:
recording for said date. Without the requisite authentication,
LIBEL AS DEFINED AND PENALIZED UNDER ARTICLES 353
(1) a showing that the recording device was capable of taking there was no basis for the trial court to admit the tape
AND 355 OF THE REVISED PENAL CODE BASED SOLELY ON
testimony; recording Exhibit "D" in evidence.
THE ALLEGED TESTIMONY OF SEGUNDO LIM . . . AS BORNE
OUT BY THE STENOGRAPHIC NOTES WOULD NOT (2) a showing that the operator of the device was competent; In view of our disallowance of the 11 April 1994 tape
SUPPORT THE FINDING THAT HE TESTIFIED ON THE recording, we are constrained to examine the records of this
(3) establishment of the authenticity and correctness of the
MALICIOUS IMPUTATIONS PURPORTEDLY MADE BY case in order to determine the sufficiency of evidence
recording;
PETITIONER-APPELLANT [TORRALBA] IN CRIMINAL CASE stacked against petitioner Torralba, bearing in mind that in
NO. 9107. (4) a showing that changes, additions, or deletions have not criminal cases, the guilt of the accused can only be sustained
been made; upon proof beyond reasonable doubt.
II
(5) a showing of the manner of the preservation of the In his comprehensive book on evidence, our former
THE HONORABLE COURT OF APPEALS SERIOUSLY
recording; colleague, Justice Ricardo Francisco, wrote that "[e]vidence
COMMITTED AN ERROR IN ADMITTING IN EVIDENCE AN
of a message or a speech by means of radio broadcast is
UNAUTHENTICATED AND SPURIOUS TAPE RECORD OF A (6) identification of the speakers; and
admissible as evidence when the identity of the speaker is
RADIO BROADCAST (EXHIBIT "D") ALLEGEDLY BY HEREIN
established either by the testimony of a witness who saw him
PETITIONER-APPELLANT [TORRALBA] ON THE BASIS OF (7) a showing that the testimony 26 elicited was voluntarily made
without any kind of inducement. broadcast his message or speech, or by the witness
WHICH THE LATTER WAS CONVICTED FOR THE CRIME OF
recognition of the voice of the speaker."33
LIBEL. In one case, it was held that the testimony of the operator of
the recording device as regards its operation, his method of The records of this case are bereft of any proof that a witness
III
operating it, the accuracy of the recordings, and the saw petitioner Torralba broadcast the alleged libelous

Evidence CASES: I. GENERAL PRINCIPLES Page 21 of 54

remarks on 11 April 1994. Lim, however, stated that while Regional Trial Court, Branch 3, Tagbilaran City, is It is much too obvious that the petition will have to fail,
petitioner Torralbas radio program on that date was being hereby REVERSED and SET ASIDE. Instead, a new one is for two basic reasons:
tape recorded by his adopted daughter, he was so near the entered ACQUITTING petitioner Cirse Francisco "Choy"
(1) Tape recordings are not inadmissible per se. They
radio that he could even touch the same.34 In effect, Lim was Torralba of the crime of libel. The cash bond posted by said
and any other variant thereof can be admitted in
implying that he was listening to "Tug-Ani ang Lungsod" at petitioner is ordered released to him subject to the usual
evidence for certain purposes, depending on how they
that time. In our view, such bare assertion on the part of Lim, auditing and accounting procedures. No costs.
are presented and offered and on how the trial judge
uncorroborated as it was by any other evidence, fails to meet
SO ORDERED. utilizes them in the interest of truth and fairness and the
the standard that a witness must be able to "recognize the
even handed administration of justice.
voice of the speaker." Being near the radio is one thing;
actually listening to the radio broadcast and recognizing the (2) A petition for certiorari is notoriously inappropriate to
G.R. No. 110662 August 4, 1994
voice of the speaker is another. Indeed, a person may be in rectify a supposed error in admitting evidence adduced
close proximity to said device without necessarily listening to TERESITA SALCEDO-ORTANEZ, petitioner, vs. COURT OF during trial. The ruling on admissibility is interlocutory;
the contents of a radio broadcast or to what a radio APPEALS, HON. ROMEO F. ZAMORA, Presiding Judge, Br. neither does it impinge on jurisdiction. If it is erroneous,
commentator is saying over the airwaves. 94, Regional Trial Court of Quezon City and RAFAEL S. the ruling should be questioned in the appeal from the
ORTANEZ, respondents. judgment on the merits and not through the special civil
What further undermines the credibility of Lims testimony is
action of certiorari. The error, assuming gratuitously
the fact that he had an ax to grind against petitioner Torralba Oscar A. Inocentes & Associates Law Office for petitioner.
that it exists, cannot be anymore than an error of law,
as he was previously accused by the latter with the crime of
properly correctible by appeal and not
libel and for which he was found guilty as charged by the Efren A. Santos for private respondent.
by certiorari. Otherwise, we will have the sorry
court. Surely then, Lim could not present himself as an
spectacle of a case being subject of a counterproductive
"uninterested witness" whose testimony merits significance
PADILLA, J.: "ping-pong" to and from the appellate court as often as a
from this Court.
trial court is perceived to have made an error in any of its
Nor is this Court inclined to confer probative value on the This is a petition for review under Rule 45 of the Rules of Court rulings with respect to evidentiary matters in the course
testimony of private complainant Atty. Hontanosas which seeks to reverse the decision * of respondent Court of of trial. This we cannot sanction.
particularly in the light of his declaration that he did not listen Appeals in CA-G. R. SP No. 28545 entitled "Teresita Salcedo-
WHEREFORE, the petition for certiorari being devoid of
to petitioner Torralbas radio show subject of this petition. He Ortanez versus Hon. Romeo F. Zamora, Presiding Judge, Br.
94, Regional Trial Court of Quezon City and Rafael S. merit, is hereby DISMISSED. 1
simply relied on the tape recording handed over to him by
Lim. Ortanez ". From this adverse judgment, petitioner filed the present
petition for review, stating:
Time and again, this Court has faithfully observed and given The relevant facts of the case are as follows:
effect to the constitutional presumption of innocence which On 2 May 1990, private respondent Rafael S. Ortanez filed Grounds for Allowance of the Petition
can only be overcome by contrary proof beyond reasonable with the Regional Trial Court of Quezon City a complaint for 10. The decision of respondent [Court of Appeals] has no
doubt -- one which requires moral certainty, a certainty that annulment of marriage with damages against petitioner basis in law nor previous decision of the Supreme Court.
convinces and satisfies the reason and conscience of those Teresita Salcedo-Ortanez, on grounds of lack of marriage
who are to act upon it.35 As we have so stated in the past license and/or psychological incapacity of the petitioner. The 10.1 In affirming the questioned order of respondent
judge, the Court of Appeals has decided a question
Accusation is not, according to the fundamental law, complaint was docketed as Civil Case No. Q-90-5360 and
of substance not theretofore determined by the
synonymous with guilt, the prosecution must overthrow the raffled to Branch 94, RTC of Quezon City presided over by
Supreme Court as the question of admissibility in
presumption of innocence with proof of guilt beyond respondent Judge Romeo F. Zamora.
evidence of tape recordings has not, thus far, been
reasonable doubt. To meet this standard, there is need for the Private respondent, after presenting his evidence, orally
addressed and decided squarely by the Supreme
most careful scrutiny of the testimony of the State, both oral formally offered in evidence Exhibits "A" to "M".
Court.
and documentary, independently of whatever defense is
offered by the accused. Only if the judge below and the Among the exhibits offered by private respondent were three 11. In affirming the questioned order of respondent
appellate tribunal could arrive at a conclusion that the crime (3) cassette tapes of alleged telephone conversations judge, the Court of Appeals has likewise rendered a
had been committed precisely by the person on trial under between petitioner and unidentified persons. decision in a way not in accord with law and with
such an exacting test should the sentence be one of Petitioner submitted her Objection/Comment to private applicable decisions of the Supreme Court.
conviction. It is thus required that every circumstance respondent's oral offer of evidence on 9 June 1992; on the
favoring innocence be duly taken into account. The proof 11.1 Although the questioned order is interlocutory
same day, the trial court admitted all of private respondent's in nature, the same can still be [the] subject of a
against him must survive the test of reason; the strongest offered evidence.
suspicion must not be permitted to sway judgment.36 petition for certiorari. 2
A motion for reconsideration from petitioner was denied on The main issue to be resolved is whether or not the remedy
Confronted with what the State was able to present as 23 June 1992.
evidence against petitioner Torralba, this Court is compelled of certiorari under Rule 65 of the Rules of Court was properly
to overturn the decision of the Court of Appeals due to A petition for certiorari was then filed by petitioner in the availed of by the petitioner in the Court of Appeals.
insufficiency of evidence meriting a finding of guilt beyond Court of Appeals assailing the admission in evidence of the The extraordinary writ of certiorari is generally not available
reasonable doubt. aforementioned cassette tapes. to challenge an interlocutory order of a trial court. The proper
WHEREFORE, the petition is GRANTED. The Decision On 10 June 1993, the Court of Appeals rendered judgment remedy in such cases is an ordinary appeal from an adverse
promulgated on 22 May 2002 of the Court of Appeals, which is the subject of the present petition, which in part judgment, incorporating in said appeal the grounds for
affirming the omnibus decision dated 24 August 2000 of the reads: assailing the interlocutory order.

Evidence CASES: I. GENERAL PRINCIPLES Page 22 of 54

However, where the assailed interlocutory order is patently G.R. No. 168644 February 16, 2010 of the said offense and as such she was entrusted with the
erroneous and the remedy of appeal would not afford said amount of money.
BSB GROUP, INC., represented by its President, Mr.
adequate and expeditious relief, the Court may
RICARDO BANGAYAN, Petitioner, vs. SALLY GO a.k.a. Contrary to law.9
allow certiorari as a mode of redress. 3
SALLY GO-BANGAYAN, Respondent.
Respondent entered a negative plea when arraigned.10 The
In the present case, the trial court issued the assailed order
DECISION trial ensued. On the premise that respondent had allegedly
admitting all of the evidence offered by private respondent,
encashed the subject checks and deposited the
including tape recordings of telephone conversations of PERALTA, J.:
corresponding amounts thereof to her personal banking
petitioner with unidentified persons. These tape recordings
This is a Petition for Review under Rule 45 of the Rules of account, the prosecution moved for the issuance of
were made and obtained when private respondent allowed
Court assailing the Decision of the Court of Appeals in CA- subpoena duces tecum /ad testificandum against the
his friends from the military to wire tap his home telephone. 4
G.R. SP No. 876001 dated April 20, 2005, which reversed and respective managers or records custodians of Security
Rep. Act No. 4200 entitled "An Act to Prohibit and Penalize set aside the September 13, 20042 and November 5, Banks Divisoria Branch, as well as of the Asian Savings Bank
Wire Tapping and Other Related Violations of the Privacy of 20043 Orders issued by the Regional Trial Court of Manila, (now Metropolitan Bank & Trust Co. [Metrobank]), in Jose
Communication, and for other purposes" expressly makes Branch 364 in Criminal Case No. 02-202158 for qualified theft. Abad Santos, Tondo, Manila Branch.11 The trial court granted
such tape recordings inadmissible in evidence. The relevant The said orders, in turn, respectively denied the motion filed the motion and issued the corresponding subpoena.12
provisions of Rep. Act No. 4200 are as follows: by herein respondent Sally Go for the suppression of the
Respondent filed a motion to quash the subpoena dated
testimonial and documentary evidence relative to a Security
Sec. 1. It shall be unlawful for any person, not being November 4, 2003, addressed to Metrobank, noting to the
Bank account, and denied reconsideration.
authorized by all the parties to any private court that in the complaint-affidavit filed with the prosecutor,
communication or spoken word, to tap any wire or cable, The basic antecedents are no longer disputed. there was no mention made of the said bank account, to
or by using any other device or arrangement, to secretly which respondent, in addition to the Security Bank account
Petitioner, the BSB Group, Inc., is a duly organized domestic
overhear, intercept, or record such communication or identified as Account No. 01-14-006, allegedly deposited the
corporation presided by its herein representative, Ricardo
spoken word by using a device commonly known as a proceeds of the supposed checks. Interestingly, while
Bangayan (Bangayan). Respondent Sally Go, alternatively
dictaphone or dictagraph or detectaphone or walkie- respondent characterized the Metrobank account as
referred to as Sally Sia Go and Sally Go-Bangayan, is
talkie or tape-recorder, or however otherwise irrelevant to the case, she, in the same motion, nevertheless
Bangayans wife, who was employed in the company as a
described. . . . waived her objection to the irrelevancy of the Security Bank
cashier, and was engaged, among others, to receive and
account mentioned in the same complaint-affidavit, inasmuch
Sec. 4. Any communication or spoken word, or the account for the payments made by the various customers of
as she was admittedly willing to address the allegations with
existence, contents, substance, purport, or meaning of the company.
respect thereto.13
the same or any part thereof, or any information therein
In 2002, Bangayan filed with the Manila Prosecutors Office a
contained, obtained or secured by any person in Petitioner, opposing respondents move, argued for the
complaint for estafa and/or qualified theft5 against
violation of the preceding sections of this Act shall not be relevancy of the Metrobank account on the ground that the
respondent, alleging that several checks6 representing the
admissible in evidence in any judicial, quasi-judicial, complaint-affidavit showed that there were two checks which
aggregate amount of P1,534,135.50 issued by the companys
legislative or administrative hearing or investigation. respondent allegedly deposited in an account with the said
customers in payment of their obligation were, instead of
bank.14 To this, respondent filed a supplemental motion to
Clearly, respondents trial court and Court of Appeals failed to being turned over to the companys coffers, indorsed by
quash, invoking the absolutely confidential nature of the
consider the afore-quoted provisions of the law in admitting respondent who deposited the same to her personal banking
Metrobank account under the provisions of Republic Act
in evidence the cassette tapes in question. Absent a clear account maintained at Security Bank and Trust Company
(R.A.) No. 1405.15 The trial court did not sustain respondent;
showing that both parties to the telephone conversations (Security Bank) in Divisoria, Manila Branch.7 Upon a finding
hence, it denied the motion to quash for lack of merit.16
allowed the recording of the same, the inadmissibility of the that the evidence adduced was uncontroverted, the assistant
subject tapes is mandatory under Rep. Act No. 4200. city prosecutor recommended the filing of the Information for Meanwhile, the prosecution was able to present in court the
qualified theft against respondent.8 testimony of Elenita Marasigan (Marasigan), the
Additionally, it should be mentioned that the above-
representative of Security Bank. In a nutshell, Marasigans
mentioned Republic Act in Section 2 thereof imposes a Accordingly, respondent was charged before the Regional
testimony sought to prove that between 1988 and 1989,
penalty of imprisonment of not less than six (6) months and up Trial Court of Manila, Branch 36, in an Information, the
respondent, while engaged as cashier at the BSB Group, Inc.,
to six (6) years for violation of said Act. 5 inculpatory portion of which reads:
was able to run away with the checks issued to the company
We need not address the other arguments raised by the That in or about or sometime during the period comprised by its customers, endorse the same, and credit the
parties, involving the applicability of American (sic) between January 1988 [and] October 1989, inclusive, in corresponding amounts to her personal deposit account with
jurisprudence, having arrived at the conclusion that the the City of Manila, Philippines, the said accused did then and Security Bank. In the course of the testimony, the subject
subject cassette tapes are inadmissible in evidence under there willfully, unlawfully and feloniously with intent [to] gain checks were presented to Marasigan for identification and
Philippine law. and without the knowledge and consent of the owner thereof, marking as the same checks received by respondent,
take, steal and carry away cash money in the total amount endorsed, and then deposited in her personal account with
WHEREFORE, the decision of the Court of Appeals in CA-G.
of P1,534,135.50 belonging to BSB GROUP OF COMPANIES Security Bank.17 But before the testimony could be
R. SP No. 28545 is hereby SET ASIDE. The subject cassette
represented by RICARDO BANGAYAN, to the damage and completed, respondent filed a Motion to Suppress,18 seeking
tapes are declared inadmissible in evidence.
prejudice of said owner in the aforesaid amount the exclusion of Marasigans testimony and accompanying
SO ORDERED. of P1,534,135.50, Philippine currency. documents thus far received, bearing on the subject Security
Bank account. This time respondent invokes, in addition to
That in the commission of the said offense, said accused irrelevancy, the privilege of confidentiality under R.A. No.
acted with grave abuse of confidence, being then employed 1405.
as cashier by said complainant at the time of the commission

Evidence CASES: I. GENERAL PRINCIPLES Page 23 of 54

The trial court, nevertheless, denied the motion in its
September 13, 2004 Order.19 A motion for reconsideration
was subsequently filed, but it was also denied in the Order
dated November 5, 2004.20 These two orders are the subject
of the instant case.
Aggrieved, and believing that the trial court gravely abused
its discretion in acting the way it did, respondent elevated the
matter to the Court of Appeals via a petition for certiorari
under Rule 65. Finding merit in the petition, the Court of
Appeals reversed and set aside the assailed orders of the trial
court in its April 20, 2005 Decision.21The decision reads:
WHEREFORE, the petition is hereby GRANTED. The assailed
orders dated September 13, 2004 and November 5, 2004 are
REVERSED and SET ASIDE. The testimony of the SBTC
representative is ordered stricken from the records.
SO ORDERED.22
With the denial of its motion for reconsideration,23 petitioner
is now before the Court pleading the same issues as those
raised before the lower courts.
In this Petition24 under Rule 45, petitioner averred in the main indeed inadmissible.
that the Court of Appeals had seriously erred in reversing the
assailed orders of the trial court, and in effect striking out
Marasigans testimony dealing with respondents deposit
account with Security Bank. It asserted that apart from the
25
fact that the said evidence had a direct relation to the subject
matter of the case for qualified theft and, hence, brings the
case under one of the exceptions to the coverage of
confidentiality under R.A. 1405. Petitioner believed that
26
what constituted the subject matter in litigation was to be
determined by the allegations in the information and, in this
respect, it alluded to the assailed November 5, 2004 Order of
the trial court, which declared to be erroneous the limitation
of the present inquiry merely to what was contained in the
information. 27
For her part, respondent claimed that the money represented without violence against or intimidation of persons or force
by the Security Bank account was neither relevant nor upon things; and (e) it was done with abuse of confidence.33 In
material to the case, because nothing in the criminal turn, whether these elements concur in a way that overcomes
information suggested that the money therein deposited was the presumption of guiltlessness, is a question that must pass
the subject matter of the case. She invited particular the test of relevancy and competency in accordance with
attention to that portion of the criminal Information which Section 334 Rule 128 of the Rules of Court.
averred that she has stolen and carried away cash money in
the total amount of P1,534,135.50. She advanced the notion
that the term "cash money" stated in the Information was not
synonymous with the checks she was purported to have
stolen from petitioner and deposited in her personal banking
account. Thus, the checks which the prosecution had
Marasigan identify, as well as the testimony itself of
Marasigan, should be suppressed by the trial court at least
for violating respondents right to due process. More in
28
point, respondent opined that admitting the testimony of
Marasigan, as well as the evidence pertaining to the Security The fact in issue appears to be that respondent has taken
Bank account, would violate the secrecy rule under R.A. No. away cash in the amount of P1,534,135.50 from the coffers of
1405.29
In its reply, petitioner asserted the sufficiency of the
allegations in the criminal Information for qualified theft, as
the same has sufficiently alleged the elements of the offense
charged. It posits that through Marasigans testimony, the
Court would be able to establish that the checks involved,
copies of which were attached to the complaint-affidavit filed
with the prosecutor, had indeed been received by respondent
as cashier, but were, thereafter, deposited by the latter to her
personal account with Security Bank. Petitioner held that the
checks represented the cash money stolen by respondent
and, hence, the subject matter in this case is not only the cash
amount represented by the checks supposedly stolen by
respondent, but also the checks themselves.30
We derive from the conflicting advocacies of the parties that
the issue for resolution is whether the testimony of Marasigan
and the accompanying documents are irrelevant to the case,
and whether they are also violative of the absolutely
confidential nature of bank deposits and, hence, excluded by
operation of R.A. No. 1405. The question of admissibility of
the evidence thus comes to the fore. And the Court, after
deliberative estimation, finds the subject evidence to be
Prefatorily, fundamental is the precept in all criminal
prosecutions, that the constitutive acts of the offense must be
rather of some other crime probably estafa.
established with unwavering exactitude and moral certainty
because this is the critical and only requisite to a finding of
guilt. 31 Theft is present when a person, with intent to gain but
without violence against or intimidation of persons or force
upon things, takes the personal property of another without
the latters consent. It is qualified when, among others, and
as alleged in the instant case, it is committed with abuse of
confidence.32 The prosecution of this offense necessarily
focuses on the existence of the following elements: (a) there
was taking of personal property belonging to another; (b) the
taking was done with intent to gain; (c) the taking was done
without the consent of the owner; (d) the taking was done
Thus, whether these pieces of evidence sought to be
suppressed in this case the testimony of Marasigan, as well
as the checks purported to have been stolen and deposited
in respondents Security Bank account are relevant, is to be
addressed by considering whether they have such direct
relation to the fact in issue as to induce belief in its existence
or non-existence; or whether they relate collaterally to a fact
from which, by process of logic, an inference may be made as
to the existence or non-existence of the fact in issue.35
petitioner. In support of this allegation, petitioner seeks to
establish the existence of the elemental act of taking by
adducing evidence that respondent, at several times
Evidence CASES: I. GENERAL PRINCIPLES
between 1988 and 1989, deposited some of its checks to her
personal account with Security Bank. Petitioner addresses
the incongruence between the allegation of theft of cash in
the Information, on the one hand, and the evidence that
respondent had first stolen the checks and deposited the
same in her banking account, on the other hand, by
impressing upon the Court that there obtains no difference
between cash and check for purposes of prosecuting
respondent for theft of cash. Petitioner is mistaken.
In theft, the act of unlawful taking connotes deprivation of
personal property of one by another with intent to gain, and it
is immaterial that the offender is able or unable to freely
dispose of the property stolen because the deprivation
relative to the offended party has already ensued from such
act of execution.36 The allegation of theft of money, hence,
necessitates that evidence presented must have a tendency
to prove that the offender has unlawfully taken money
belonging to another. Interestingly, petitioner has taken
pains in attempting to draw a connection between the
evidence subject of the instant review, and the allegation of
theft in the Information by claiming that respondent had
fraudulently deposited the checks in her own name. But this
line of argument works more prejudice than favor, because it
in effect, seeks to establish the commission, not of theft, but
Moreover, that there is no difference between cash and
check is true in other instances. In estafa by conversion, for
instance, whether the thing converted is cash or check, is
immaterial in relation to the formal allegation in an
information for that offense; a check, after all, while not
regarded as legal tender, is normally accepted under
commercial usage as a substitute for cash, and the credit it
represents in stated monetary value is properly capable of
appropriation. And it is in this respect that what the offender
does with the check subsequent to the act of unlawfully
taking it becomes material inasmuch as this offense is a
continuing one.37 In other words, in pursuing a case for this
offense, the prosecution may establish its cause by the
presentation of the checks involved. These checks would
then constitute the best evidence to establish their contents
and to prove the elemental act of conversion in support of the
proposition that the offender has indeed indorsed the same in
his own name.38
Theft, however, is not of such character. Thus, for our
purposes, as the Information in this case accuses respondent
of having stolen cash, proof tending to establish that
respondent has actualized her criminal intent by indorsing
the checks and depositing the proceeds thereof in her
personal account, becomes not only irrelevant but also
immaterial and, on that score, inadmissible in evidence.
We now address the issue of whether the admission of
Marasigans testimony on the particulars of respondents
account with Security Bank, as well as of the corresponding
evidence of the checks allegedly deposited in said account,
constitutes an unallowable inquiry under R.A. 1405.
Page 24 of 54
It is conceded that while the fundamental law has not
bothered with the triviality of specifically addressing privacy
rights relative to banking accounts, there, nevertheless,
exists in our jurisdiction a legitimate expectation of privacy
governing such accounts. The source of this right of
expectation is statutory, and it is found in R.A. No.
1405,39otherwise known as the Bank Secrecy Act of 1955. 40
R.A. No. 1405 has two allied purposes. It hopes to discourage
private hoarding and at the same time encourage the people
to deposit their money in banking institutions, so that it may
be utilized by way of authorized loans and thereby assist in
economic development.41 Owing to this piece of legislation,
the confidentiality of bank deposits remains to be a basic
state policy in the Philippines.42 Section 2 of the law
institutionalized this policy by characterizing as absolutely
confidential in general all deposits of whatever nature with
banks and other financial institutions in the country. It
declares:
Section 2. All deposits of whatever nature with banks or
banking institutions in the Philippines including investments
in bonds issued by the Government of the Philippines, its
political subdivisions and its instrumentalities, are hereby
considered as of an absolutely confidential nature and may
not be examined, inquired or looked into by any person,
government official, bureau or office, except upon written
permission of the depositor, or in cases of impeachment, or
upon order of a competent court in cases of bribery or
dereliction of duty of public officials, or in cases where the
money deposited or invested is the subject matter of the
litigation.1avvphi1
Subsequent statutory enactments43 have expanded the list of into the open the value of such deposit. Is that prohibited by...
exceptions to this policy yet the secrecy of bank deposits still the law?
lies as the general rule, falling as it does within the legally
recognized zones of privacy.44 There is, in fact, much disfavor
to construing these primary and supplemental exceptions in
a manner that would authorize unbridled discretion, whether
governmental or otherwise, in utilizing these exceptions as
authority for unwarranted inquiry into bank accounts. It is
then perceivable that the present legal order is obliged to
conserve the absolutely confidential nature of bank Mr. Marcos: The law prohibits a mere investigation into the
deposits.45
The measure of protection afforded by the law has been
explained in China Banking Corporation v. Ortega.46That case
principally addressed the issue of whether the prohibition
against an examination of bank deposits precludes
garnishment in satisfaction of a judgment. Ruling on that
issue in the negative, the Court found guidance in the relevant
portions of the legislative deliberations on Senate Bill No. 351
and House Bill No. 3977, which later became the Bank
Secrecy Act, and it held that the absolute confidentiality rule
in R.A. No. 1405 actually aims at protection from unwarranted
inquiry or investigation if the purpose of such inquiry or
investigation is merely to determine the existence and nature,
as well as the amount of the deposit in any given bank
account. Thus,
x x x The lower court did not order an examination of or inquiry
into the deposit of B&B Forest Development Corporation, as
contemplated in the law. It merely required Tan Kim Liong to
inform the court whether or not the defendant B&B Forest
Development Corporation had a deposit in the China Banking
Corporation only for purposes of the garnishment issued by
it, so that the bank would hold the same intact and not allow
any withdrawal until further order. It will be noted from the
discussion of the conference committee report on Senate Bill
No. 351 and House Bill No. 3977which later became Republic
Act No. 1405, that it was not the intention of the lawmakers to
place banks deposits beyond the reach of execution to satisfy
a final judgmentThus:
x x x Mr. Marcos: Now, for purposes of the record, I should
like the Chairman of the Committee on Ways and Means to
clarify this further. Suppose an individual has a tax case. He
is being held liable by the Bureau of Internal Revenue [(BIR)]
or, say, P1,000.00 worth of tax liability, and because of this
the deposit of this individual [has been] attached by the [BIR].
Mr. Ramos: The attachment will only apply after the court has
pronounced sentence declaring the liability of such person.
But where the primary aim is to determine whether he has a
bank deposit in order to bring about a proper assessment by
the [BIR], such inquiry is not allowed by this proposed law.
Mr. Marcos: But under our rules of procedure and under the
Civil Code, the attachment or garnishment of money
deposited is allowed. Let us assume for instance that there is
a preliminary attachment which is for garnishment or for
holding liable all moneys deposited belonging to a certain
individual, but such attachment or garnishment will bring out
Mr. Ramos: It is only prohibited to the extent that the inquiry...
is made only for the purpose of satisfying a tax liability already
declared for the protection of the right in favor of the
government; but when the object is merely to inquire whether
he has a deposit or not for purposes of taxation, then this is
fully covered by the law. x x x
existence and the amount of the deposit.
Mr. Ramos: Into the very nature of such deposit. x x x47
In taking exclusion from the coverage of the confidentiality
rule, petitioner in the instant case posits that the account
maintained by respondent with Security Bank contains the
proceeds of the checks that she has fraudulently
appropriated to herself and, thus, falls under one of the
exceptions in Section 2 of R.A. No. 1405 that the money kept
in said account is the subject matter in litigation. To highlight
this thesis, petitioner avers, citing Mathay v. Consolidated
Bank and Trust Co.,48 that the subject matter of the action
refers to the physical facts; the things real or personal; the
money, lands, chattels and the like, in relation to which the
suit is prosecuted, which in the instant case should refer to
the money deposited in the Security Bank account.49 On the
Evidence CASES: I. GENERAL PRINCIPLES
surface, however, it seems that petitioners theory is valid to
a point, yet a deeper treatment tends to show that it has
argued quite off-tangentially. This, because, while Mathay did
explain what the subject matter of an action is, it nevertheless
did so only to determine whether the class suit in that case
was properly brought to the court.
What indeed constitutes the subject matter in litigation in
relation to Section 2 of R.A. No. 1405 has been pointedly and
amply addressed in Union Bank of the Philippines v. Court of
Appeals,50 in which the Court noted that the inquiry into bank
deposits allowable under R.A. No. 1405 must be premised on
the fact that the money deposited in the account is itself the
subject of the action.51 Given this perspective, we deduce
that the subject matter of the action in the case at bar is to be
determined from the indictment that charges respondent with
the offense, and not from the evidence sought by the
prosecution to be admitted into the records. In the criminal
Information filed with the trial court, respondent,
unqualifiedly and in plain language, is charged with qualified
theft by abusing petitioners trust and confidence and
stealing cash in the amount of P1,534,135.50. The said
Information makes no factual allegation that in some material
way involves the checks subject of the testimonial and
documentary evidence sought to be suppressed. Neither do
the allegations in said Information make mention of the
supposed bank account in which the funds represented by
the checks have allegedly been kept.
In other words, it can hardly be inferred from the indictment
itself that the Security Bank account is the ostensible subject
of the prosecutions inquiry. Without needlessly expanding
the scope of what is plainly alleged in the Information, the
subject matter of the action in this case is the money
amounting to P1,534,135.50 alleged to have been stolen by
respondent, and not the money equivalent of the checks
which are sought to be admitted in evidence. Thus, it is that,
which the prosecution is bound to prove with its evidence,
and no other.
It comes clear that the admission of testimonial and
documentary evidence relative to respondents Security
Bank account serves no other purpose than to establish the
existence of such account, its nature and the amount kept in
it. It constitutes an attempt by the prosecution at an
impermissible inquiry into a bank deposit account the privacy
and confidentiality of which is protected by law. On this score
alone, the objection posed by respondent in her motion to
suppress should have indeed put an end to the controversy
at the very first instance it was raised before the trial court.
In sum, we hold that the testimony of Marasigan on the
particulars of respondents supposed bank account with
Security Bank and the documentary evidence represented by
the checks adduced in support thereof, are not only
incompetent for being excluded by operation of R.A. No.
1405. They are likewise irrelevant to the case, inasmuch as
they do not appear to have any logical and reasonable
connection to the prosecution of respondent for qualified
theft. We find full merit in and affirm respondents objection
Page 25 of 54
to the evidence of the prosecution. The Court of Appeals was, and Joey Filart as the culprits. She also tagged accused conspiracy that rendered Rodriguez, Gatchalian, Fernandez,
therefore, correct in reversing the assailed orders of the trial police officer, Gerardo Biong, as an accessory after the fact. and Estrada equally guilty with those who had a part in raping
court. Relying primarily on Alfaro's testimony, on August 10, 1995 and killing Carmela and in executing her mother and sister.
the public prosecutors filed an information for rape with
A final note. In any given jurisdiction where the right of On motion for reconsideration by the accused, the Court of
homicide against Webb, et al.1
privacy extends its scope to include an individuals financial Appeals' Special Division of five members voted three against
privacy rights and personal financial matters, there is an The Regional Trial Court of Paraaque City, Branch 274, two to deny the motion,5 hence, the present appeal.
intermediate or heightened scrutiny given by courts and presided over by Judge Amelita G. Tolentino, tried only seven
On April 20, 2010, as a result of its initial deliberation in this
legislators to laws infringing such rights.52 Should there be of the accused since Artemio Ventura and Joey Filart
case, the Court issued a Resolution granting the request of
doubts in upholding the absolutely confidential nature of bank remained at large.2 The prosecution presented Alfaro as its
Webb to submit for DNA analysis the semen specimen taken
deposits against affirming the authority to inquire into such main witness with the others corroborating her testimony.
from Carmelas cadaver, which specimen was then believed
accounts, then such doubts must be resolved in favor of the These included the medico-legal officer who autopsied the
still under the safekeeping of the NBI. The Court granted the
former. This attitude persists unless congress lifts its finger bodies of the victims, the security guards of Pitong Daan
request pursuant to section 4 of the Rule on DNA Evidence6 to
to reverse the general state policy respecting the absolutely Subdivision, the former laundrywoman of the Webbs
give the accused and the prosecution access to scientific
confidential nature of bank deposits.53 household, police officer Biongs former girlfriend, and Lauro
evidence that they might want to avail themselves of, leading
G. Vizconde, Estrellitas husband.
WHEREFORE, the petition is DENIED. The Decision of the to a correct decision in the case.
Court of Appeals in CA-G.R. SP No. 87600 dated April 20, For their part, some of the accused testified, denying any part
Unfortunately, on April 27, 2010 the NBI informed the Court
2005, reversing the September 13, 2004 and November 5, in the crime and saying they were elsewhere when it took
that it no longer has custody of the specimen, the same
2004 Orders of the Regional Trial Court of Manila, Branch 36 place. Webbs alibi appeared the strongest since he claimed
having been turned over to the trial court. The trial record
in Criminal Case No. 02-202158, is AFFIRMED. that he was then across the ocean in the United States of
shows, however, that the specimen was not among the object
America. He presented the testimonies of witnesses as well
SO ORDERED. evidence that the prosecution offered in evidence in the case.
as documentary and object evidence to prove this. In
addition, the defense presented witnesses to show Alfaro's This outcome prompted accused Webb to file an urgent
bad reputation for truth and the incredible nature of her motion to acquit on the ground that the governments failure
G.R. No. 176389 December 14, 2010
testimony. to preserve such vital evidence has resulted in the denial of
ANTONIO LEJANO, Petitioner, vs. PEOPLE OF THE his right to due process.
But impressed by Alfaros detailed narration of the crime and
PHILIPPINES, Respondent.
the events surrounding it, the trial court found a credible Issues Presented
x - - - - - - - - - - - - - - - - - - - - - - -x witness in her. It noted her categorical, straightforward,
Accused Webbs motion to acquit presents a threshold issue:
spontaneous, and frank testimony, undamaged by grueling
G.R. No. 176864 whether or not the Court should acquit him outright, given the
cross-examinations. The trial court remained unfazed by
governments failure to produce the semen specimen that the
PEOPLE OF THE PHILIPPINES, Appellee, vs. HUBERT significant discrepancies between Alfaros April 28 and May
NBI found on Carmelas cadaver, thus depriving him of
JEFFREY P. WEBB, ANTONIO LEJANO, MICHAEL A. 22, 1995 affidavits, accepting her explanation that she at first
evidence that would prove his innocence.
GATCHALIAN, HOSPICIO FERNANDEZ, MIGUEL wanted to protect her former boyfriend, accused Estrada,
RODRIGUEZ, PETER ESTRADA and GERARDO and a relative, accused Gatchalian; that no lawyer assisted In the main, all the accused raise the central issue of whether
BIONG, Appellants. her; that she did not trust the investigators who helped her or not Webb, acting in conspiracy with Lejano, Gatchalian,
prepare her first affidavit; and that she felt unsure if she Fernandez, Estrada, Rodriguez, Ventura, and Filart, raped
DECISION would get the support and security she needed once she and killed Carmela and put to death her mother and sister.
ABAD, J.: disclosed all about the Vizconde killings. But, ultimately, the controlling issues are:
Brief Background In contrast, the trial court thought little of the denials and 1. Whether or not Alfaros testimony as eyewitness,
alibis that Webb, Lejano, Rodriguez, and Gatchalian set up for describing the crime and identifying Webb, Lejano,
On June 30, 1991 Estrellita Vizconde and her daughters their defense. They paled, according to the court, compared Gatchalian, Fernandez, Estrada, Rodriguez, and
Carmela, nineteen years old, and Jennifer, seven, were to Alfaros testimony that other witnesses and the physical two others as the persons who committed it, is
brutally slain at their home in Paraaque City. Following an evidence corroborated. Thus, on January 4, 2000, after four entitled to belief; and
intense investigation, the police arrested a group of years of arduous hearings, the trial court rendered judgment,
suspects, some of whom gave detailed confessions. But the finding all the accused guilty as charged and imposing on 2. Whether or not Webb presented sufficient
trial court smelled a frame-up and eventually ordered them Webb, Lejano, Gatchalian, Fernandez, Estrada, and evidence to prove his alibi and rebut Alfaros
discharged. Thus, the identities of the real perpetrators Rodriguez the penalty of reclusion perpetua and on Biong, an testimony that he led the others in committing the
remained a mystery especially to the public whose interests indeterminate prison term of eleven years, four months, and crime.
were aroused by the gripping details of what everybody one day to twelve years. The trial court also awarded The issue respecting accused Biong is whether or not he
referred to as the Vizconde massacre. damages to Lauro Vizconde.3 acted to cover up the crime after its commission.
Four years later in 1995, the National Bureau of Investigation On appeal, the Court of Appeals affirmed the trial courts The Right to Acquittal Due to Loss of DNA Evidence
or NBI announced that it had solved the crime. It presented decision, modifying the penalty imposed on Biong to six years
star-witness Jessica M. Alfaro, one of its informers, who minimum and twelve years maximum and increasing the Webb claims, citing Brady v. Maryland,7 that he is entitled to
claimed that she witnessed the crime. She pointed to award of damages to Lauro Vizconde.4 The appellate court outright acquittal on the ground of violation of his right to due
accused Hubert Jeffrey P. Webb, Antonio "Tony Boy" Lejano, did not agree that the accused were tried by publicity or that process given the States failure to produce on order of the
Artemio "Dong" Ventura, Michael A. Gatchalian, Hospicio the trial judge was biased. It found sufficient evidence of Court either by negligence or willful suppression the semen
"Pyke" Fernandez, Peter Estrada, Miguel "Ging" Rodriguez, specimen taken from Carmela.

Evidence CASES: I. GENERAL PRINCIPLES Page 26 of 54

The medical evidence clearly established that Carmela was
raped and, consistent with this, semen specimen was found
in her. It is true that Alfaro identified Webb in her testimony as
Carmelas rapist and killer but serious questions had been
raised about her credibility. At the very least, there exists a
possibility that Alfaro had lied. On the other hand, the semen
specimen taken from Carmela cannot possibly lie. It cannot
be coached or allured by a promise of reward or financial
support. No two persons have the same DNA fingerprint, with
the exception of identical twins.8 If, on examination, the DNA
of the subject specimen does not belong to Webb, then he did
not rape Carmela. It is that simple. Thus, the Court would
have been able to determine that Alfaro committed perjury in
saying that he did.
Still, Webb is not entitled to acquittal for the failure of the
State to produce the semen specimen at this late stage. For
one thing, the ruling in Brady v. Maryland9 that he cites has
long be overtaken by the decision in Arizona v.
Youngblood,10 where the U.S. Supreme Court held that due
process does not require the State to preserve the semen
specimen although it might be useful to the accused unless
the latter is able to show bad faith on the part of the
prosecution or the police. Here, the State presented a
medical expert who testified on the existence of the specimen
and Webb in fact sought to have the same subjected to DNA
test.
For, another, when Webb raised the DNA issue, the rule
governing DNA evidence did not yet exist, the country did not
yet have the technology for conducting the test, and no
Philippine precedent had as yet recognized its admissibility
as evidence. Consequently, the idea of keeping the specimen
secure even after the trial court rejected the motion for DNA
testing did not come up. Indeed, neither Webb nor his co-
accused brought up the matter of preserving the specimen in
the meantime.
Parenthetically, after the trial court denied Webbs
application for DNA testing, he allowed the proceeding to
move on when he had on at least two occasions gone up to
the Court of Appeals or the Supreme Court to challenge
alleged arbitrary actions taken against him and the other
accused.11 They raised the DNA issue before the Court of
Appeals but merely as an error committed by the trial court in
rendering its decision in the case. None of the accused filed
a motion with the appeals court to have the DNA test done
pending adjudication of their appeal. This, even when the
Supreme Court had in the meantime passed the rules
allowing such test. Considering the accuseds lack of interest
in having such test done, the State cannot be deemed put on
reasonable notice that it would be required to produce the
semen specimen at some future time.
Now, to the merit of the case.
Alfaros Story
Based on the prosecutions version, culled from the decisions
of the trial court and the Court of Appeals, on June 29, 1991
at around 8:30 in the evening, Jessica Alfaro drove her
Mitsubishi Lancer, with boyfriend Peter Estrada as susunod" and the others responded "Okay, okay." They all
passenger, to the Ayala Alabang Commercial Center parking left the parking lot in a convoy of three vehicles and drove into
lot to buy shabu from Artemio "Dong" Ventura. There, Pitong Daan Subdivision for the third time. They arrived at
Ventura introduced her to his friends: Hubert Jeffrey P. Carmelas house shortly before midnight.
Webb, Antonio "Tony Boy" Lejano, Miguel "Ging" Rodriguez,
Alfaro parked her car between Vizcondes house and the
Hospicio "Pyke" Fernandez, Michael Gatchalian, and Joey
next. While waiting for the others to alight from their cars,
Filart. Alfaro recalled frequently seeing them at a shabu
Fernandez approached Alfaro with a suggestion that they
house in Paraaque in January 1991, except Ventura whom
blow up the transformer near the Vizcondes residence to
she had known earlier in December 1990.
cause a brownout ("Pasabugin kaya natin ang transformer na
As Alfaro smoked her shabu, Webb approached and ito"). But Alfaro shrugged off the idea, telling Fernandez,
requested her to relay a message for him to a girl, whom she "Malakas lang ang tama mo." When Webb, Lejano, and
later identified as Carmela Vizconde. Alfaro agreed. After Ventura were already before the house, Webb told the others
using up their shabu, the group drove to Carmelas house at again that they would line up for Carmela but he would be the
80 Vinzons Street, Pitong Daan Subdivision, BF Homes, first. The others replied, "O sige, dito lang kami,
Paraaque City. Riding in her car, Alfaro and Estrada trailed magbabantay lang kami."
Filart and Rodriguez who rode a Mazda pick-up and Webb,
Alfaro was the first to pass through the pedestrian gate that
Lejano, Ventura, Fernandez, and Gatchalian who were on a
had been left open. Webb, Lejano, and Ventura followed her.
Nissan Patrol car.
On entering the garage, Ventura using a chair mounted the
On reaching their destination, Alfaro parked her car on hood of the Vizcondes Nissan Sentra and loosened the
Vinzons Street, alighted, and approached Carmelas house. electric bulb over it ("para daw walang ilaw"). The small
Alfaro pressed the buzzer and a woman came out. Alfaro group went through the open iron grill gate and passed the
queried her about Carmela. Alfaro had met Carmela twice dirty kitchen. Carmela opened the aluminum screen door of
before in January 1991. When Carmela came out, Alfaro gave the kitchen for them. She and Webb looked each other in the
her Webbs message that he was just around. Carmela eyes for a moment and, together, headed for the dining area.
replied, however, that she could not go out yet since she had
As she lost sight of Carmela and Webb, Alfaro decided to go
just arrived home. She told Alfaro to return after twenty
out. Lejano asked her where she was going and she replied
minutes. Alfaro relayed this to Webb who then told the group
that she was going out to smoke. As she eased her way out
to drive back to the Ayala Alabang Commercial Center.
through the kitchen door, she saw Ventura pulling out a
The group had another shabu session at the parking lot. After kitchen drawer. Alfaro smoked a cigarette at the garden.
sometime, they drove back but only Alfaro proceeded to After about twenty minutes, she was surprised to hear a
Vinzons Street where Carmela lived. The Nissan Patrol and womans voice ask, "Sino yan?" Alfaro immediately walked
the Mazda pick-up, with their passengers, parked out of the garden to her car. She found her other companions
somewhere along Aguirre Avenue. Carmela was at their milling around it. Estrada who sat in the car asked her, "Okay
garden. She approached Alfaro on seeing her and told the ba?"
latter that she (Carmela) had to leave the house for a while.
After sitting in the car for about ten minutes, Alfaro returned
Carmela requested Alfaro to return before midnight and she
to the Vizconde house, using the same route. The interior of
would leave the pedestrian gate, the iron grills that led to the
the house was dark but some light filtered in from outside. In
kitchen, and the kitchen door unlocked. Carmela also told
the kitchen, Alfaro saw Ventura searching a ladys bag that
Alfaro to blink her cars headlights twice when she
lay on the dining table. When she asked him what he was
approached the pedestrian gate so Carmela would know that
looking for, he said: "Ikaw na nga dito, maghanap ka ng susi."
she had arrived.
She asked him what key he wanted and he replied: "Basta
Alfaro returned to her car but waited for Carmela to drive out maghanap ka ng susi ng main door pati na rin ng susi ng
of the house in her own car. Alfaro trailed Carmela up to kotse." When she found a bunch of keys in the bag, she tried
Aguirre Avenue where she dropped off a man whom Alfaro them on the main door but none fitted the lock. She also did
believed was Carmelas boyfriend. Alfaro looked for her not find the car key.
group, found them, and relayed Carmelas instructions to
Unable to open the main door, Alfaro returned to the kitchen.
Webb. They then all went back to the Ayala Alabang
While she was at a spot leading to the dining area, she heard
Commercial Center. At the parking lot, Alfaro told the group
a static noise (like a television that remained on after the
about her talk with Carmela. When she told Webb of
station had signed off). Out of curiosity, she approached the
Carmelas male companion, Webbs mood changed for the
masters bedroom from where the noise came, opened the
rest of the evening ("bad trip").
door a little, and peeked inside. The unusual sound grew even
Webb gave out free cocaine. They all used it and some shabu, louder. As she walked in, she saw Webb on top of Carmela
too. After about 40 to 45 minutes, Webb decided that it was while she lay with her back on the floor. Two bloodied bodies
time for them to leave. He said, "Pipilahan natin siya lay on the bed. Lejano was at the foot of the bed about to wear
[Carmela] at ako ang mauuna." Lejano said, "Ako ang
Evidence CASES: I. GENERAL PRINCIPLES Page 27 of 54
his jacket. Carmela was gagged, moaning, and in tears while since November or December 1994 as an "asset." She
Webb raped her, his bare buttocks exposed.
Webb gave Alfaro a meaningful look and she immediately left
the room. She met Ventura at the dining area. He told her,
"Prepare an escape. Aalis na tayo." Shocked with what she
saw, Alfaro rushed out of the house to the others who were
either sitting in her car or milling on the sidewalk. She entered
her car and turned on the engine but she did not know where
to go. Webb, Lejano, and Ventura came out of the house just
then. Webb suddenly picked up a stone and threw it at the
main door, breaking its glass frame.
As the three men approached the pedestrian gate, Webb told
Ventura that he forgot his jacket in the house. But Ventura
told him that they could not get in anymore as the iron grills
had already locked. They all rode in their cars and drove away
until they reached Aguirre Avenue. As they got near an old
hotel at the Tropical Palace area, Alfaro noticed the Nissan
Patrol slow down. Someone threw something out of the car
into the cogonal area.
The convoy of cars went to a large house with high walls,
concrete fence, steel gate, and a long driveway at BF
Executive Village. They entered the compound and gathered
at the lawn where the "blaming session" took place. It was
here that Alfaro and those who remained outside the
Vizconde house learned of what happened. The first to be
killed was Carmelas mother, then Jennifer, and finally,
Carmella. Ventura blamed Webb, telling him, "Bakit naman
pati yung bata?" Webb replied that the girl woke up and on
seeing him molesting Carmela, she jumped on him, bit his
shoulders, and pulled his hair. Webb got mad, grabbed the
girl, pushed her to the wall, and repeatedly stabbed her.
Lejano excused himself at this point to use the telephone in
the house. Meanwhile, Webb called up someone on his
cellular phone.
At around 2:00 in the morning, accused Gerardo Biong
arrived. Webb ordered him to go and clean up the Vizconde
house and said to him, "Pera lang ang katapat nyan." Biong
answered, "Okay lang." Webb spoke to his companions and
told them, "We dont know each other. We havent seen each
otherbaka maulit yan." Alfaro and Estrada left and they
drove to her fathers house.12
1. The quality of the witness
Was Alfaro an ordinary subdivision girl who showed up at the
NBI after four years, bothered by her conscience or egged on
by relatives or friends to come forward and do what was
right? No. She was, at the time she revealed her story,
working for the NBI as an "asset," a stool pigeon, one who
earned her living by fraternizing with criminals so she could
squeal on them to her NBI handlers. She had to live a life of
lies to get rewards that would pay for her subsistence and
vices.
According to Atty. Artemio Sacaguing, former head of the NBI
Anti-Kidnapping, Hijacking, and Armed Robbery Task Force
(AKHAR) Section, Alfaro had been hanging around at the NBI
Q. All right, and what happened after that?
supplied her handlers with information against drug pushers
WITNESS SACAGUING:
and other criminal elements. Some of this information led to
the capture of notorious drug pushers like Christopher Cruz A. She told me, "easy lang kayo, Sir," if I may quote,
Santos and Orlando Bacquir. Alfaros tip led to the arrest of "easy lang Sir, huwag kayong"
the leader of the "Martilyo gang" that killed a police officer.
COURT:
Because of her talent, the task force gave her "very special
treatment" and she became its "darling," allowed the How was that?
privilege of spending nights in one of the rooms at the NBI
WITNESS SACAGUING:
offices.
When Alfaro seemed unproductive for sometime, however, A. "Easy lang, Sir. Sir, relax lang, Sir, papapelan ko,
they teased her about it and she was piqued. One day, she papapelan ko na lang yan."
unexpectedly told Sacaguing that she knew someone who xxxx
had the real story behind the Vizconde massacre. Sacaguing
ATTY. ONGKIKO:
showed interest. Alfaro promised to bring that someone to
the NBI to tell his story. When this did not happen and Q. All right, and what was your reaction when Ms. Alfaro
Sacaguing continued to press her, she told him that she might stated that "papapelan ko na lang yan?"
as well assume the role of her informant. Sacaguing testified
WITNESS SACAGUING:
thus:
ATTY. ONGKIKO: A. I said, "hindi puwede yan, kasi hindi ka naman eye
witness."
Q. Atty. Sacaguing, how did Jessica Alfaro become a
witness in the Vizconde murder case? Will you tell the ATTY. ONGKIKO:
Honorable Court? Q. And what was the reply of Ms. Alfaro?
xxxx WITNESS SACAGUING:
A. She told me. Your Honor, that she knew somebody A. Hindi siya nakakibo, until she went away.
who related to her the circumstances, I mean, the details
of the massacre of the Vizconde family. Thats what she (TSN, May 28, 1996, pp. 49-50, 58, 77-79)
told me, Your Honor. Quite significantly, Alfaro never refuted Sacaguings above
testimony.
ATTY. ONGKIKO:
Q. And what did you say? 2. The suspicious details
But was it possible for Alfaro to lie with such abundant details
xxxx
some of which even tallied with the physical evidence at the
A. I was quite interested and I tried to persuade her to scene of the crime? No doubt, yes.
introduce to me that man and she promised that in due
time, she will bring to me the man, and together with her, Firstly, the Vizconde massacre had been reported in the
media with dizzying details. Everybody was talking about
we will try to convince him to act as a state witness and
help us in the solution of the case. what the police found at the crime scene and there were lots
of speculations about them.
xxxx
Secondly, the police had arrested some "akyat-bahay" group
Q. Atty. Sacaguing, were you able to interview this in Paraaque and charged them with the crime. The police
alleged witness? prepared the confessions of the men they apprehended and
WITNESS SACAGUING: filled these up with details that the evidence of the crime
scene provided. Alfaros NBI handlers who were doing their
A. No, sir. own investigation knew of these details as well. Since Alfaro
ATTY. ONGKIKO: hanged out at the NBI offices and practically lived there, it
was not too difficult for her to hear of these evidentiary details
Q. Why not? and gain access to the documents.
WITNESS SACAGUING: Not surprisingly, the confessions of some members of the
A. Because Jessica Alfaro was never able to comply with Barroso "akyat bahay" gang, condemned by the Makati RTC
her promise to bring the man to me. She told me later that as fabricated by the police to pin the crime on them, shows
she could not and the man does not like to testify. how crime investigators could make a confession ring true by
matching some of its details with the physical evidence at the
ATTY. ONGKIKO: crime scene. Consider the following:
Evidence CASES: I. GENERAL PRINCIPLES Page 28 of 54
a. The Barroso gang members said that they got into
Carmelas house by breaking the glass panel of the front door
using a stone wrapped in cloth to deaden the noise. Alfaro
could not use this line since the core of her story was that
Webb was Carmelas boyfriend. Webb had no reason to
smash her front door to get to see her.
Consequently, to explain the smashed door, Alfaro had to
settle for claiming that, on the way out of the house, Webb
picked up some stone and, out of the blue, hurled it at the
glass-paneled front door of the Vizconde residence. His
action really made no sense. From Alfaros narration, Webb
appeared rational in his decisions. It was past midnight, the
house was dark, and they wanted to get away quickly to avoid
detection. Hurling a stone at that glass door and causing a
tremendous noise was bizarre, like inviting the neighbors to
come.
b. The crime scene showed that the house had been
ransacked. The rejected confessions of the Barroso "akyat-
bahay" gang members said that they tried to rob the house.
To explain this physical evidence, Alfaro claimed that at one
point Ventura was pulling a kitchen drawer, and at another
point, going through a handbag on the dining table. He said
he was looking for the front-door key and the car key.
Again, this portion of Alfaros story appears tortured to
accommodate the physical evidence of the ransacked house.
She never mentioned Ventura having taken some valuables
with him when they left Carmelas house. And why would
Ventura rummage a bag on the table for the front-door key,
spilling the contents, when they had already gotten into the
house. It is a story made to fit in with the crime scene although
robbery was supposedly not the reason Webb and his
companions entered that house.
c. It is the same thing with the garage light. The police
investigators found that the bulb had been loosened to turn
off the light. The confessions of the Barroso gang claimed
that one of them climbed the parked cars hood to reach up
and darken that light. This made sense since they were going
to rob the place and they needed time to work in the dark Gatchalian, Fernandez, Estrada, and Rodriguez supposedly
trying to open the front door. Some passersby might look in stayed around Alfaros car, which was parked on the street
and see what they were doing.
Alfaro had to adjust her testimony to take into account that
darkened garage light. So she claimed that Ventura climbed
the cars hood, using a chair, to turn the light off. But, unlike
the Barroso "akyat-bahay" gang, Webb and his friends did not
have anything to do in a darkened garage. They supposedly
knew in advance that Carmela left the doors to the kitchen
open for them. It did not make sense for Ventura to risk Two. Ventura, Alfaros dope supplier, introduced her for the
standing on the cars hood and be seen in such an awkward first time in her life to Webb and his friends in a parking lot by
position instead of going straight into the house.
And, thirdly, Alfaro was the NBIs star witness, their badge of
excellent investigative work.lavvphil After claiming that they
had solved the crime of the decade, the NBI people had a
stake in making her sound credible and, obviously, they gave They were practically strangers to her and her boyfriend
her all the preparations she needed for the job of becoming a Estrada. When it came to a point that Webb decided with his
fairly good substitute witness. She was their "darling" of an friends to gang-rape Carmela, clearly, there was nothing in it
asset. And this is not pure speculation. As pointed out above,for Alfaro. Yet, she stuck it out with them, as a police asset
Sacaguing of the NBI, a lawyer and a ranking official, would, hanging in there until she had a crime to report, only
confirmed this to be a cold fact. Why the trial court and the she was not yet an "asset" then. If, on the other hand, Alfaro
Court of Appeals failed to see this is mystifying. had been too soaked in drugs to think clearly and just
followed along where the group took her, how could she
At any rate, did Alfaro at least have a fine memory for faces
remember so much details that only a drug-free mind can?
that had a strong effect on her, given the circumstances? Not
likely. She named Miguel "Ging" Rodriguez as one of the Three. When Alfaro went to see Carmela at her house for the
culprits in the Vizconde killings. But when the NBI found a second time, Carmella told her that she still had to go out and
certain Michael Rodriguez, a drug dependent from the that Webb and his friends should come back around midnight.
Bicutan Rehabilitation Center, initially suspected to be Alfaro returned to her car and waited for Carmela to drive out
Alfaros Miguel Rodriguez and showed him to Alfaro at the in her own car. And she trailed her up to Aguirre Avenue
NBI office, she ran berserk, slapping and kicking Michael, where she supposedly dropped off a man whom she thought
exclaiming: "How can I forget your face. We just saw each was Carmelas boyfriend. Alfaros trailing Carmela to spy on
other in a disco one month ago and you told me then that you her unfaithfulness to Webb did not make sense since she was
will kill me." As it turned out, he was not Miguel Rodriguez, on limited errand. But, as a critical witness, Alfaro had to
the accused in this case.13 provide a reason for Webb to freak out and decide to come
with his friends and harm Carmela.
Two possibilities exist: Michael was really the one Alfaro
wanted to implicate to settle some score with him but it was Four. According to Alfaro, when they returned to Carmelas
too late to change the name she already gave or she had house the third time around midnight, she led Webb, Lejano,
myopic vision, tagging the wrong people for what they did not and Ventura through the pedestrian gate that Carmela had
do. left open. Now, this is weird. Webb was the gang leader who
decided what they were going to do. He decided and his
3. The quality of the testimony
friends agreed with him to go to Carmelas house and gang-
There is another thing about a lying witness: her story lacks rape her. Why would Alfaro, a woman, a stranger to Webb
sense or suffers from inherent inconsistencies. An before that night, and obviously with no role to play in the
understanding of the nature of things and the common gang-rape of Carmela, lead him and the others into her
behavior of people will help expose a lie. And it has an house? It made no sense. It would only make sense if Alfaro
abundant presence in this case. wanted to feign being a witness to something she did not see.
One. In her desire to implicate Gatchalian, Fernandez, Five. Alfaro went out of the house to smoke at the garden.
Estrada, Rodriguez, and Filart, who were supposed to be After about twenty minutes, a woman exclaimed, "Sino yan?"
Webbs co-principals in the crime, Alfaro made it a point to On hearing this, Alfaro immediately walked out of the garden
testify that Webb proposed twice to his friends the gang-rape and went to her car. Apparently, she did this because she
of Carmela who had hurt him. And twice, they (including, if knew they came on a sly. Someone other than Carmela
one believes Alfaro, her own boyfriend Estrada) agreed in a became conscious of the presence of Webb and others in the
chorus to his proposal. But when they got to Carmelas house. Alfaro walked away because, obviously, she did not
house, only Webb, Lejano, Ventura, and Alfaro entered the want to get involved in a potential confrontation. This was
house. supposedly her frame of mind: fear of getting involved in what
was not her business.
But if that were the case, how could she testify based on
between Carmelas house and the next. Some of these men personal knowledge of what went on in the house? Alfaro had
sat on top of the cars lid while others milled on the sidewalk, to change that frame of mind to one of boldness and reckless
visible under the street light to anyone who cared to watch curiosity. So that is what she next claimed. She went back into
them, particularly to the people who were having a drinking the house to watch as Webb raped Carmela on the floor of the
party in a nearby house. Obviously, the behavior of Webbs masters bedroom. He had apparently stabbed to death
companions out on the street did not figure in a planned gang- Carmelas mom and her young sister whose bloodied bodies
rape of Carmela. were sprawled on the bed. Now, Alfaro testified that she got
scared (another shift to fear) for she hurriedly got out of the
house after Webb supposedly gave her a meaningful look.
a mall. So why would she agree to act as Webbs messenger, Alfaro quickly went to her car, not minding Gatchalian,
using her gas, to bring his message to Carmela at her home. Fernandez, Estrada, Rodriguez, and Filart who sat on the car
More inexplicably, what motivated Alfaro to stick it out the or milled on the sidewalk. She did not speak to them, even to
whole night with Webb and his friends? Estrada, her boyfriend. She entered her car and turned on the
engine but she testified that she did not know where to go.
This woman who a few minutes back led Webb, Lejano, and
Ventura into the house, knowing that they were decided to
Evidence CASES: I. GENERAL PRINCIPLES Page 29 of 54
rape and harm Carmela, was suddenly too shocked to know of May or the first week of June 1991 to prove his presence in their grown up children at four in the morning while they were
where to go! This emotional pendulum swing indicates a the Philippines when he claimed to be in the United States. He asleep.
witness who was confused with her own lies. was manning the guard house at the entrance of the
And it did not make sense, if Alfaros testimony were to be
subdivision of Pitong Daan when he flagged down a car driven
4. The supposed corroborations believed that Webb, who was so careful and clever that he
by Webb. Webb said that he would see Lilet Sy. Cabanacan
called Biong to go to the Vizconde residence at 2 a.m. to clean
Intending to provide corroboration to Alfaros testimony, the asked him for an ID but he pointed to his United BF Homes
up the evidence against him and his group, would bring his
prosecution presented six additional witnesses: sticker and said that he resided there. Cabanacan replied,
bloodied shirt home and put it in the hamper for
however, that Pitong Daan had a local sticker.
Dr. Prospero A. Cabanayan, the NBI Medico-Legal Officer laundrywoman Gaviola to collect and wash at 4 a.m. as was
who autopsied the bodies of the victims, testified on the stab Cabanacan testified that, at this point, Webb introduced her supposed habit.
wounds they sustained14 and the presence of semen in himself as the son of Congressman Webb. Still, the supervisor
Lolita De Birrer was accused Biongs girlfriend around the
Carmelas genitalia,15 indicating that she had been raped. insisted on seeing his ID. Webb grudgingly gave it and after
time the Vizconde massacre took place. Birrer testified that
seeing the picture and the name on it, Cabanacan returned
Normal E. White, Jr., was the security guard on duty at Pitong she was with Biong playing mahjong from the evening of June
the same and allowed Webb to pass without being logged in
Daan Subdivision from 7 p.m. of June 29 to 7 a.m. of June 30, 29, 1991 to the early morning of June 30, when Biong got a
as their Standard Operating Procedure required.18
1991. He got a report on the morning of June 30 that call at around 2 a.m. This prompted him, according to De
something untoward happened at the Vizconde residence. But Cabanacan's testimony could not be relied on. Although Birrer, to leave and go to BF. Someone sitting at the backseat
He went there and saw the dead bodies in the masters it was not common for a security guard to challenge a of a taxi picked him up. When Biong returned at 7 a.m. he
bedroom, the bag on the dining table, as well as the loud noise Congressmans son with such vehemence, Cabanacan did washed off what looked like dried blood from his fingernails.
emanating from a television set.16 not log the incident on the guardhouse book. Nor did he, And he threw away a foul-smelling handkerchief. She also
contrary to prescribed procedure, record the visitors entry saw Biong take out a knife with aluminum cover from his
White claimed that he noticed Gatchalian and his
into the subdivision. It did not make sense that Cabanacan drawer and hid it in his steel cabinet.21
companions, none of whom he could identify, go in and out of
was strict in the matter of seeing Webbs ID but not in
Pitong Daan Subdivision. He also saw them along Vinzons The security guard at Pitong Daan did not notice any police
recording the visit.
Street. Later, they entered Pitong Daan Subdivision in a investigator flashing a badge to get into the village although
three-car convoy. White could not, however, describe the Mila Gaviola used to work as laundry woman for the Webbs at Biong supposedly came in at the unholy hour of two in the
kind of vehicles they used or recall the time when he saw the their house at BF Homes Executive Village. She testified that morning. His departure before 7 a.m. also remained
group in those two instances. And he did not notice anything she saw Webb at his parents house on the morning of June unnoticed by the subdivision guards. Besides, if he had
suspicious about their coming and going. 30, 1991 when she got the dirty clothes from the room that he cleaned up the crime scene shortly after midnight, what was
and two brothers occupied at about 4.a.m. She saw him again the point of his returning there on the following morning to
But Whites testimony cannot be relied on. His initial claim
pacing the floor at 9 a.m. At about 1 p.m., Webb left the house dispose of some of the evidence in the presence of other
turned out to be inaccurate. He actually saw Gatchalian and
in t-shirt and shorts, passing through a secret door near the police investigators and on-lookers? In fact, why would he
his group enter the Pitong Daan Subdivision only once. They
maids quarters on the way out. Finally, she saw Webb at 4 steal valuable items from the Vizconde residence on his
were not going in and out. Furthermore, Alfaro testified that
p.m. of the same day.19 return there hours later if he had the opportunity to do it
when the convoy of cars went back the second time in the
earlier?
direction of Carmelas house, she alone entered the On cross-examination, however, Gaviola could not say what
subdivision and passed the guardhouse without stopping. distinguished June 30, 1991 from the other days she was on At most, Birrers testimony only established Biongs theft of
Yet, White who supposedly manned that guardhouse did not service at the Webb household as to enable her to distinctly certain items from the Vizconde residence and gross neglect
notice her. remember, four years later, what one of the Webb boys did for failing to maintain the sanctity of the crime scene by
and at what time. She could not remember any of the details moving around and altering the effects of the crime. Birrers
Surprisingly, White failed to note Biong, a police officer,
that happened in the household on the other days. She proved testimony failed to connect Biong's acts to Webb and the
entering or exiting the subdivision on the early morning of
to have a selective photographic memory and this only other accused.
June 30 when he supposedly "cleaned up" Vizconde
damaged her testimony.
residence on Webbs orders. What is more, White did not Lauro Vizconde testified about how deeply he was affected
notice Carmela arrive with her mom before Alfaros first visit Gaviola tried to corroborate Alfaro's testimony by claiming by the loss of her wife and two daughters. Carmella spoke to
that night. Carmela supposedly left with a male companion in that on June 30, 1991 she noticed bloodstains on Webb's t- him of a rejected suitor she called "Bagyo," because he was
her car at around 10:30 p.m. but White did not notice it. He shirt.20 She did not call the attention of anybody in the a Paraaque politicians son. Unfortunately, Lauro did not
also did not notice Carmela reenter the subdivision. White household about it when it would have been a point of appear curious enough to insist on finding out who the
actually discredited Alfaros testimony about the movements concern that Webb may have been hurt, hence the blood. rejected fellow was. Besides, his testimony contradicts that
of the persons involved. of Alfaro who testified that Carmela and Webb had an on-
Besides, Victoria Ventoso, the Webbs' housemaid from March
going relation. Indeed, if Alfaro were to be believed, Carmela
Further, while Alfaro testified that it was the Mazda pick-up 1989 to May 1992, and Sgt. Miguel Muoz, the Webbs' security
wanted Webb to come to her house around midnight. She
driven by Filart that led the three-vehicle convoy,17White aide in 1991, testified that Gaviola worked for the Webbs only
even left the kitchen door open so he could enter the house.
claimed it was the Nissan Patrol with Gatchalian on it that led from January 1991 to April 1991. Ventoso further testified
the convoy since he would not have let the convoy in without that it was not Gaviola's duty to collect the clothes from the 5. The missing corroboration
ascertaining that Gatchalian, a resident, was in it. Security 2nd floor bedrooms, this being the work of the housemaid
There is something truly remarkable about this case: the
guard White did not, therefore, provide corroboration to charged with cleaning the rooms.
prosecutions core theory that Carmela and Webb had been
Alfaros testimony.1avvphi1
What is more, it was most unlikely for a laundrywoman who sweethearts, that she had been unfaithful to him, and that it
Justo Cabanacan, the security supervisor at Pitong Daan had been there for only four months to collect, as she was for this reason that Webb brought his friends to her
Subdivision testified that he saw Webb around the last week claimed, the laundry from the rooms of her employers and house to gang-rape her is totally uncorroborated!

Evidence CASES: I. GENERAL PRINCIPLES Page 30 of 54

For instance, normally, if Webb, a Congressmans son,
courted the young Carmela, that would be news among her
circle of friends if not around town. But, here, none of her
friends or even those who knew either of them came forward
to affirm this. And if Webb hanged around with her, trying to
win her favors, he would surely be seen with her. And this
would all the more be so if they had become sweethearts, a
relation that Alfaro tried to project with her testimony.
But, except for Alfaro, the NBI asset, no one among Carmelas
friends or her friends friends would testify ever hearing of
such relationship or ever seeing them together in some
popular hangouts in Paraaque or Makati. Alfaros claim of a
five-hour drama is like an alien page, rudely and
unconnectedly inserted into Webb and Carmelas life stories
or like a piece of jigsaw puzzle trimmed to fit into the shape
on the board but does not belong because it clashes with the
surrounding pieces. It has neither antecedent nor
concomitant support in the verifiable facts of their personal
histories. It is quite unreal.
What is more, Alfaro testified that she saw Carmela drive out
of her house with a male passenger, Mr. X, whom Alfaro
thought the way it looked was also Carmelas lover. This was
the all-important reason Webb supposedly had for wanting to
harm her. Again, none of Carmelas relatives, friends, or
people who knew her ever testified about the existence of
Mr.X in her life. Nobody has come forward to testify having
ever seen him with Carmela. And despite the gruesome news
about her death and how Mr. X had played a role in it, he never
presented himself like anyone who had lost a special friend
normally would. Obviously, Mr. X did not exist, a mere ghost
of the imagination of Alfaro, the woman who made a living
informing on criminals.
Webbs U.S. Alibi
Among the accused, Webb presented the strongest alibi.
a. The travel preparations
Webb claims that in 1991 his parents, Senator Freddie Webb
and his wife, Elizabeth, sent their son to the United States
(U.S.) to learn the value of independence, hard work, and
money.22 Gloria Webb, his aunt, accompanied him. Rajah
Tours booked their flight to San Francisco via United Airlines.
Josefina Nolasco of Rajah Tours confirmed that Webb and his
aunt used their plane tickets.
Webb told his friends, including his neighbor, Jennifer Claire
Cabrera, and his basketball buddy, Joselito Orendain
Escobar, of his travel plans. He even invited them to his
despedida party on March 8, 1991 at Faces Disco along
Makati Ave.23 On March 8,1991, the eve of his departure, he
took girlfriend Milagros Castillo to a dinner at Bunchums at
the Makati Cinema Square. His basketball buddy Rafael Jose
with Tina Calma, a blind date arranged by Webb, joined them.
They afterwards went to Faces Disco for Webb's despedida
party. Among those present were his friends Paulo Santos
and Jay Ortega.24
b. The two immigration checks
The following day, March 9, 1991, Webb left for San Webb stayed with the Brottmans until mid July and rented a
Francisco, California, with his Aunt Gloria on board United place for less than a month. On August 4, 1991 he left for
Airlines Flight 808.25 Before boarding his plane, Webb passed Longwood, Florida, to stay with the spouses Jack and Sonja
through the Philippine Immigration booth at the airport to Rodriguez.50 There, he met Armando Rodriguez with whom
have his passport cleared and stamped. Immigration Officer, he spent time, playing basketball on weekends, watching
Ferdinand Sampol checked Webbs visa, stamped, and movies, and playing billiards.51 In November 1991, Webb met
initialed his passport, and let him pass through.26 He was performing artist Gary Valenciano, a friend of Jack
listed on the United Airlines Flights Passenger Manifest.27 Rodriguez, who was invited for a dinner at the Rodriguezs
house.52 He left the Rodriguezs home in August 1992,
On arrival at San Francisco, Webb went through the U.S.
returned to Anaheim and stayed with his aunt Imelda
Immigration where his entry into that country was recorded.
Pagaspas. He stayed there until he left for the Philippines on
Thus, the U.S. Immigration Naturalization Service, checking
October 26, 1992.
with its Non-immigrant Information System, confirmed
Webb's entry into the U.S. on March 9, 1991. Webb presented d. The second immigration checks
at the trial the INS Certification issued by the U.S.
As with his trip going to the U.S., Webb also went through
Immigration and Naturalization Service,28 the computer-
both the U.S. and Philippine immigrations on his return trip.
generated print-out of the US-INS indicating Webb's entry on
Thus, his departure from the U.S. was confirmed by the same
March 9, 1991, and the US-INS Certification dated August
29
certifications that confirmed his entry.53 Furthermore, a
31, 1995, authenticated by the Philippine Department of
Diplomatic Note of the U.S. Department of State with
Foreign Affairs, correcting an earlier August 10, 1995
enclosed letter from Acting Director Debora A. Farmer of the
Certification. 30
Records Operations, Office of Records of the US-INS stated
c. Details of U.S. sojourn that the Certification dated August 31, 1995 is a true and
accurate statement. And when he boarded his plane, the
In San Francisco, Webb and his aunt Gloria were met by the
Passenger Manifest of Philippine Airlines Flight No.
latters daughter, Maria Teresa Keame, who brought them to
103,54 certified by Agnes Tabuena55 confirmed his return trip.
Glorias house in Daly City, California. During his stay with his
aunt, Webb met Christopher Paul Legaspi Esguerra, Glorias When he arrived in Manila, Webb again went through the
grandson. In April 1991, Webb, Christopher, and a certain Philippine Immigration. In fact, the arrival stamp and initial on
Daphne Domingo watched the concert of Deelite Band in San his passport indicated his return to Manila on October 27,
Francisco.31 In the same month, Dorothy Wheelock and her 1992. This was authenticated by Carmelita Alipio, the
family invited Webb to Lake Tahoe to return the Webbs immigration officer who processed Webbs reentry.56 Upon
hospitality when she was in the Philippines.32 his return, in October 1992, Paolo Santos, Joselito Erondain
Escobar, and Rafael Jose once again saw Webb playing
In May 1991, on invitation of another aunt, Susan Brottman,
basketball at the BF's Phase III basketball court.
Webb moved to Anaheim Hills, California. During his stay
33
there, he occupied himself with playing basketball once or e. Alibi versus positive identification
twice a week with Steven Keeler34 and working at his cousin-
The trial court and the Court of Appeals are one in rejecting
in-laws pest control company.35 Webb presented the
as weak Webbs alibi. Their reason is uniform: Webbs alibi
companys logbook showing the tasks he performed,36 his
cannot stand against Alfaros positive identification of him as
paycheck, his ID, and other employment papers. On June
37
the rapist and killer of Carmela and, apparently, the killer as
14, 1991 he applied for a driver's license and wrote three
38
well of her mother and younger sister. Because of this, to the
letters to his friend Jennifer Cabrera.39
lower courts, Webbs denial and alibi were fabricated.
On June 28, 1991, Webbs parents visited him at Anaheim and
But not all denials and alibis should be regarded as
stayed with the Brottmans. On the same day, his father
fabricated. Indeed, if the accused is truly innocent, he can
introduced Honesto Aragon to his son when he came to
have no other defense but denial and alibi. So how can such
visit. On the following day, June 29, Webb, in the company
40
accused penetrate a mind that has been made cynical by the
of his father and Aragon went to Riverside, California, to look
rule drilled into his head that a defense of alibi is a hangmans
for a car. They bought an MR2 Toyota car.41 Later that day, a
noose in the face of a witness positively swearing, "I saw him
visitor at the Brottmans, Louis Whittacker, saw Webb looking
do it."? Most judges believe that such assertion automatically
at the plates of his new car. To prove the purchase, Webb
42
dooms an alibi which is so easy to fabricate. This quick
presented the Public Records of California Department of
stereotype thinking, however, is distressing. For how else
Motor Vehicle and a car plate "LEW WEBB." In using the
43 44
can the truth that the accused is really innocent have any
car in the U.S., Webb even received traffic citations. 45
chance of prevailing over such a stone-cast tenet?
On June 30, 1991 Webb, again accompanied by his father and
There is only one way. A judge must keep an open mind. He
Aragon,46 bought a bicycle at Orange Cycle Center.47 The
must guard against slipping into hasty conclusion, often
Center issued Webb a receipt dated June 30, 1991.48 On July
arising from a desire to quickly finish the job of deciding a
4, 1991, Independence Day, the Webbs, the Brottmans, and
case. A positive declaration from a witness that he saw the
the Vaca family had a lakeside picnic. 49
Evidence CASES: I. GENERAL PRINCIPLES Page 31 of 54
accused commit the crime should not automatically cancel only played the role of messenger, she claimed leading Webb, The U.S. Immigration certification and the computer print-out
out the accuseds claim that he did not do it. A lying witness Lejano, and Ventura into the house to gang-rape Carmella, as of Webbs arrival in and departure from that country were
can make as positive an identification as a truthful witness if Alfaro was establishing a reason for later on testifying on authenticated by no less than the Office of the U.S. Attorney
can. The lying witness can also say as forthrightly and personal knowledge. Her swing from an emotion of fear when General and the State Department. Still the Court of Appeals
unequivocally, "He did it!" without blinking an eye. a woman woke up to their presence in the house and of refused to accept these documents for the reason that Webb
absolute courage when she nonetheless returned to become failed to present in court the immigration official who
Rather, to be acceptable, the positive identification must
the lone witness to a grim scene is also quite inexplicable. prepared the same. But this was unnecessary. Webbs
meet at least two criteria:
passport is a document issued by the Philippine government,
Ultimately, Alfaros quality as a witness and her inconsistent,
First, the positive identification of the offender must come which under international practice, is the official record of
if not inherently unbelievable, testimony cannot be the
from a credible witness. She is credible who can be trusted travels of the citizen to whom it is issued. The entries in that
positive identification that jurisprudence acknowledges as
to tell the truth, usually based on past experiences with her. passport are presumed true.60
sufficient to jettison a denial and an alibi.
Her word has, to one who knows her, its weight in gold.
The U.S. Immigration certification and computer print-out,
f. A documented alibi
And second, the witness story of what she personally saw the official certifications of which have been authenticated by
must be believable, not inherently contrived. A witness who To establish alibi, the accused must prove by positive, clear, the Philippine Department of Foreign Affairs, merely
testifies about something she never saw runs into and satisfactory evidence57 that (a) he was present at another validated the arrival and departure stamps of the U.S.
inconsistencies and makes bewildering claims. place at the time of the perpetration of the crime, and (b) that Immigration office on Webbs passport. They have the same
it was physically impossible for him to be at the scene of the evidentiary value. The officers who issued these
Here, as already fully discussed above, Alfaro and her
crime.58 certifications need not be presented in court to testify on
testimony fail to meet the above criteria.
them. Their trustworthiness arises from the sense of official
The courts below held that, despite his evidence, Webb was
She did not show up at the NBI as a spontaneous witness duty and the penalty attached to a breached duty, in the
actually in Paraaque when the Vizconde killings took place;
bothered by her conscience. She had been hanging around routine and disinterested origin of such statement and in the
he was not in the U.S. from March 9, 1991 to October 27, 1992;
that agency for sometime as a stool pigeon, one paid for publicity of the record.61
and if he did leave on March 9, 1991, he actually returned
mixing up with criminals and squealing on them. Police assets
before June 29, 1991, committed the crime, erased the fact of The Court of Appeals of course makes capital of the fact that
are often criminals themselves. She was the prosecutions
his return to the Philippines from the records of the U.S. and an earlier certification from the U.S. Immigration office said
worst possible choice for a witness. Indeed, her superior
Philippine Immigrations, smuggled himself out of the that it had no record of Webb entering the U.S. But that
testified that she volunteered to play the role of a witness in
Philippines and into the U.S., and returned the normal way on erroneous first certification was amply explained by the U.S.
the Vizconde killings when she could not produce a man she
October 27, 1992. But this ruling practically makes the death Government and Court of Appeals Justice Tagle stated it in
promised to the NBI.
of Webb and his passage into the next life the only acceptable his dissenting opinion, thus:
And, although her testimony included details, Alfaro had prior alibi in the Philippines. Courts must abandon this unjust and
While it is true that an earlier Certification was issued by the
access to the details that the investigators knew of the case. inhuman paradigm.
U.S. INS on August 16, 1995 finding "no evidence of lawful
She took advantage of her familiarity with these details to
If one is cynical about the Philippine system, he could admission of Webb," this was already clarified and deemed
include in her testimony the clearly incompatible act of Webb
probably claim that Webb, with his fathers connections, can erroneous by no less than the US INS Officials. As explained
hurling a stone at the front door glass frames even when they
arrange for the local immigration to put a March 9, 1991 by witness Leo Herrera-Lim, Consul and Second Secretary of
were trying to slip away quietlyjust so she can
departure stamp on his passport and an October 27, 1992 the Philippine Embassy in Washington D.C., said Certification
accommodate this crime scene feature. She also had Ventura
arrival stamp on the same. But this is pure speculation since did not pass through proper diplomatic channels and was
rummaging a bag on the dining table for a front door key that
there had been no indication that such arrangement was obtained in violation of the rules on protocol and standard
nobody needed just to explain the physical evidence of that
made. Besides, how could Webb fix a foreign airlines procedure governing such request.
bag and its scattered contents. And she had Ventura climbing
passenger manifest, officially filed in the Philippines and at
the cars hood, risking being seen in such an awkward The initial request was merely initiated by BID Commissioner
the airport in the U.S. that had his name on them? How could
position, when they did not need to darken the garage to force Verceles who directly communicated with the Philippine
Webb fix with the U.S. Immigrations record system those two
open the front doorjust so to explain the darkened light and Consulate in San Francisco, USA, bypassing the Secretary of
dates in its record of his travels as well as the dates when he
foot prints on the car hood. Foreign Affairs which is the proper protocol procedure. Mr.
supposedly departed in secret from the U.S. to commit the
Steven Bucher, the acting Chief of the Records Services
Further, her testimony was inherently incredible. Her story crime in the Philippines and then return there? No one has
Board of US-INS Washington D.C. in his letter addressed to
that Gatchalian, Fernandez, Estrada, Rodriguez, and Filart come up with a logical and plausible answer to these
Philip Antweiler, Philippine Desk Officer, State Department,
agreed to take their turns raping Carmela is incongruent with questions.
declared the earlier Certification as incorrect and erroneous
their indifference, exemplified by remaining outside the
The Court of Appeals rejected the evidence of Webbs as it was "not exhaustive and did not reflect all available
house, milling under a street light, visible to neighbors and
passport since he did not leave the original to be attached to information." Also, Richard L. Huff, Co-Director of the Office
passersby, and showing no interest in the developments
the record. But, while the best evidence of a document is the of Information and privacy, US Department of Justice, in
inside the house, like if it was their turn to rape Carmela.
original, this means that the same is exhibited in court for the response to the appeal raised by Consul General Teresita V.
Alfaros story that she agreed to serve as Webbs messenger
adverse party to examine and for the judge to see. As Court Marzan, explained that "the INS normally does not maintain
to Carmela, using up her gas, and staying with him till the
of Appeals Justice Tagle said in his dissent,59 the practice records on individuals who are entering the country as
bizarre end when they were practically strangers, also taxes
when a party does not want to leave an important document visitors rather than as immigrants: and that a notation
incredulity.
with the trial court is to have a photocopy of it marked as concerning the entry of a visitor may be made at the
To provide basis for Webbs outrage, Alfaro said that she exhibit and stipulated among the parties as a faithful Nonimmigrant Information system. Since appellant Webb
followed Carmela to the main road to watch her let off a lover reproduction of the original. Stipulations in the course of trial entered the U.S. on a mere tourist visa, obviously, the initial
on Aguirre Avenue. And, inexplicably, although Alfaro had are binding on the parties and on the court. search could not have produced the desired result inasmuch

Evidence CASES: I. GENERAL PRINCIPLES Page 32 of 54

as the data base that was looked into contained entries of the Biong of the crimes of which they were charged for failure of and enter judgment imposing such penalty. The judgment
names of IMMIGRANTS and not that of NON-IMMIGRANT the prosecution to prove their guilt beyond reasonable doubt. may be appealed to the Supreme Court by notice of appeal
visitors of the U.S..62 They are ordered immediately RELEASED from detention filed with the Court of Appeals.
unless they are confined for another lawful cause.
The trial court and the Court of Appeals expressed marked Accordingly, G.R. No. 176389 was consolidated with the
cynicism over the accuracy of travel documents like the Let a copy of this Decision be furnished the Director, Bureau present appeal by all accused (G.R. No. 176864) except
passport as well as the domestic and foreign records of of Corrections, Muntinlupa City for immediate Artemio Ventura and Joey Filart who are still at large.4 Only
departures and arrivals from airports. They claim that it implementation. The Director of the Bureau of Corrections is Webb and Gatchalian filed their respective supplemental
would not have been impossible for Webb to secretly return DIRECTED to report the action he has taken to this Court briefs in compliance with our April 10, 2007 Resolution.5
to the Philippines after he supposedly left it on March 9, 1991, within five days from receipt of this Decision.
The Facts
commit the crime, go back to the U.S., and openly return to
SO ORDERED.
the Philippines again on October 26, 1992. Travel between The Information filed on August 10, 1995 reads:
the U.S. and the Philippines, said the lower courts took only
That on or about the evening of June 29 up to the early
about twelve to fourteen hours.
DISSENTING OPINION morning of June 30, 1991, in the municipality of Paraaque,
If the Court were to subscribe to this extremely skeptical province of Rizal, Philippines, and within the jurisdiction of
VILLARAMA, JR., J.:
view, it might as well tear the rules of evidence out of the law this Honorable Court, accused Hubert Jeffrey P. Webb
books and regard suspicions, surmises, or speculations as With all due respect to my colleagues, I dissent from the conspiring and confederating with accused Antonio "Tony
reasons for impeaching evidence. It is not that official majority decision acquitting all the accused-appellants. Boy" Lejano, Artemio "Dong" Ventura, Michael Gatchalian y
records, which carry the presumption of truth of what they Adviento, Hospicio "Pyke" Fernandez, Peter Estrada, Miguel
state, are immune to attack. They are not. That presumption In the middle part of 1991, the gruesome deaths of 19-year old "Ging" Rodriguez and Joey Filart, mutually helping one
can be overcome by evidence. Here, however, the Carmela Vizconde, her mother Estrellita and 7-year old sister another, while armed with bladed instruments, with the use of
prosecution did not bother to present evidence to impeach Jennifer in the hands of unknown assailants inside their home force and intimidation, with lewd design, with abuse of
the entries in Webbs passport and the certifications of the in a private subdivision shocked our countrymen and alarmed superior strength, nighttime and with the use of motor
Philippine and U.S. immigration services regarding his travel the authorities of the rise in heinous crimes, particularly vehicle, wilfully, unlawfully and feloniously have carnal
to the U.S. and back. The prosecutions rebuttal evidence is those committed by individuals under the influence of drugs. knowledge of the person of Carmela Vizconde against her will
the fear of the unknown that it planted in the lower courts Investigations conducted by the police and other bodies and consent.
minds. including the Senate, and even the arrest of two (2) sets of
suspects ("akyat-bahay" gang and former That by reason or on the occasion of the aforesaid rape or
7. Effect of Webbs alibi to others contractor/workers of the Vizcondes), failed to unravel the immediately thereafter, the above-named accused with intent
truth behind the brutal killings until an alleged eyewitness to kill, conspiring and confederating together, mutually
Webbs documented alibi altogether impeaches Alfaro's
surfaced four (4) years later. The ensuing courtroom saga helping one another, did then and there, and with evident
testimony, not only with respect to him, but also with respect
involving sons of prominent families had become one (1) of premeditation, abuse of superior strength, nighttime, with the
to Lejano, Estrada, Fernandez, Gatchalian, Rodriguez, and
the most controversial cases in recent history as the entire use of motor vehicle, assault and stab with bladed
Biong. For, if the Court accepts the proposition that Webb
nation awaited its long-delayed closure. instruments Carmela Vizconde, Estrellita Vizconde and
was in the U.S. when the crime took place, Alfaros testimony
Jennifer Vizconde, thereby inflicting upon them numerous
will not hold together. Webbs participation is the anchor of The Case
stab wounds in different parts of their bodies which caused
Alfaros story. Without it, the evidence against the others
Subject of review is the Decision1 dated December 15, 2005 their instantaneous death.
must necessarily fall.
of the Court of Appeals (CA) in CA-G.R. CR H.C. No. 00336
That accused GERARDO BIONG and JOHN DOES having
CONCLUSION affirming with modifications the Decision dated January 4,
knowledge after the commission of the above-mentioned
2000 of the Regional Trial Court (RTC) of Paraaque City,
In our criminal justice system, what is important is, not crime, and without having participated therein as principals
Branch 274 finding the accused-appellants Hubert Jeffrey P.
whether the court entertains doubts about the innocence of or accomplices, took part subsequent to its commission by
Webb, Antonio "Tony Boy" Lejano, Michael A. Gatchalian,
the accused since an open mind is willing to explore all assisting, with abuse of authority as a police officer, the
Hospicio "Pyke" Fernandez, Peter Estrada and Miguel "Ging"
possibilities, but whether it entertains a reasonable, lingering above-named principal accused, to conceal or destroy the
Rodriguez guilty beyond reasonable doubt as principals, and
doubt as to his guilt. For, it would be a serious mistake to send effects or instruments thereof by failing to preserve the
accused-appellant Gerardo Biong as accessory, of the crime
an innocent man to jail where such kind of doubt hangs on to physical evidence and allowing their destruction in order to
of Rape with Homicide.
ones inner being, like a piece of meat lodged immovable prevent the discovery of the crime.
between teeth. The petition for review on certiorari filed earlier by accused
CONTRARY TO LAW.6
Lejano (G.R. No. 176389) is hereby treated as an appeal,
Will the Court send the accused to spend the rest of their lives
considering that said accused had in fact filed a notice of The RTC and CA concurred in their factual findings based
in prison on the testimony of an NBI asset who proposed to
appeal with the CA.2 In view of the judgment of the CA mainly on the testimony of the prosecutions principal
her handlers that she take the role of the witness to the
imposing the penalty of reclusion perpetua, such appeal by witness, Jessica M. Alfaro who is a confessed former drug
Vizconde massacre that she could not produce?
notice of appeal is in accord with A.M. No. 00-5-03- user, the declarations of four (4) other witnesses and
WHEREFORE, the Court REVERSES and SETS ASIDE the SC (Amendments to the Revised Rules of Criminal Procedure documentary exhibits.
Decision dated December 15, 2005 and Resolution dated to Govern Death Penalty Cases)3 which provides under Rule
Alfaro testified that on June 29, 1991 at around 8:30 in the
January 26, 2007 of the Court of Appeals in CA-G.R. CR-H.C. 124 (c):
evening, she drove her Mitsubishi Lancer and, with her then
00336 and ACQUITS accused-appellants Hubert Jeffrey P.
(c) In cases where the Court of Appeals imposes reclusion boyfriend Peter Estrada, went to the Ayala Alabang
Webb, Antonio Lejano, Michael A. Gatchalian, Hospicio
Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo
perpetua, life imprisonment or a lesser penalty, it shall render Commercial Center parking lot to get her order of one (1)

Evidence CASES: I. GENERAL PRINCIPLES Page 33 of 54

gram of shabu from Artemio "Dong" Ventura. There she met
and was introduced to Venturas friends: Hubert Jeffrey P.
Webb, Antonio "Tony Boy" Lejano, Miguel "Ging" Rodriguez,
Hospicio "Pyke" Fernandez, Michael Gatchalian and Joey
Filart (she had previously seen them in a shabu house located
in Paraaque which they frequented as early as January
1991,7 while she had known Ventura since December 19908).
After paying for her shabu and while she was smoking it,
Webb approached her and requested a favor for her to relay
a message to a certain girl who happened to be Carmela, to
which she agreed. After the group finished
their shabu session, they proceeded to Carmelas place at
No. 80 Vinzons Street, Pitong Daan Subdivision, BF Homes,
Paraaque City. She and Estrada in her car followed the two
(2) vehicles: Webb, Lejano, Ventura, Fernandez and
Gatchalian on board a Nissan Patrol car; while Filart and
Rodriguez rode a Mazda pick-up.9
Upon reaching the area, Alfaro parked her car along Vinzons
St. and approached the gate of the house pointed to by Webb.
She pressed the buzzer and when a woman came out, she
asked for Carmela. When she was able to talk to Carmela (an
acquaintance she had met only twice in January 199110),
Alfaro relayed Webbs message that he was around.
However, Carmela said she cannot make it as she had just
arrived home and told Alfaro to come back after twenty (20)
minutes. She relayed the answer of Carmela to Webb who
then instructed the group to return to Ayala Alabang
Commercial Center.11
At the same parking lot, the group had another shabu session
before proceeding again to Carmelas residence in a convoy.
Alfaro went to Vinzons St. alone while the Nissan Patrol and
Mazda parked somewhere along Aguirre Avenue. Upon
seeing Carmela who was at their garden, Alfaro was
approached by Carmela saying she was going out for a while.
Carmela told Alfaro that they come back before 12:00
midnight and she would just leave the pedestrian gate, as well
as the iron grill gate leading to the kitchen door, open and
unlocked.12 Carmela further instructed Alfaro to blink her
cars headlights twice before reaching the pedestrian gate to
signal her arrival. Alfaro returned to her car but waited for
Carmelas car to get out of the gate. Carmela drove ahead
and Alfaro likewise left Vinzons St. Upon reaching the main
road, Aguirre Avenue, she saw Carmela drop off the man who
was with her in the car (whom she thought to be her
boyfriend13). Alfaro looked for the group and relayed
Carmelas instructions to Webb. Thereafter, they all went
back to the Ayala Alabang Commercial Center.14
At the parking lot, Alfaro relayed to the group what transpired
during her last conversation with Carmela. She also told
Webb about Carmelas male companion; this changed his
mood for the rest of the evening ("bad trip"already15). Webb
then gave out complimentary cocaine and all of them
used shabu and/or cocaine.16 After about 40 to 45 minutes,
Webb decided it was time to leave, declaring: "Pipilahan natin
siya [Carmela] at ako ang mauuna." Lejano said: "Ako ang
susunod" and the others responded "Okay, okay." They all
left the parking lot and their convoy of three (3) vehicles at the foot of the bed about to wear his jacket. She turned her
entered Pitong Daan Subdivision for the third time. They eyes on Carmela who was gagged, moaning and in tears
arrived at the Vizconde residence between 11:45 to 11:55 while Webb was pumping her, his bare buttocks exposed.
p.m.17 Webb gave her a look and she immediately left the room. At
the dining area, she met Ventura who told her: "Prepare an
Alfaro parked her car in between the Vizconde house and its
escape. Aalis na tayo." Shocked by what she saw, Alfaro
adjacent house. While waiting for the rest of the group to
rushed out of the house and found the rest of the group
alight from their cars, Fernandez approached her suggesting
outside, in her car and on the sidewalk.20
that they blow up the transformer near the pedestrian gate of
the Vizconde residence in order to cause a brownout Alfaro boarded her car and started the engine but did not
("Pasabugin kaya natin ang transformer na ito"). She know where to proceed. She saw Webb, Lejano and Ventura
shrugged off the idea and told Fernandez "Malakas lang ang leaving the house already. Webb suddenly picked up a stone
tama mo." When Webb, Lejano and Ventura were already and threw it to the main door, breaking its glass frame. When
standing infront of the Vizconde residence, Webb repeated to the three (3) were near the pedestrian gate, Webb told
the boys that they will line up for Carmela but he will be the Ventura that he left behind his jacket. But Ventura said they
first, and the others said, "O sige, dito lang kami, cannot make it anymore as the iron grills were already
magbabantay lang kami."18 locked. They all rode in their cars and drove away until they
reached Aguirre Avenue. Near an old hotel in the Tropical
Alfaro entered first the pedestrian gate which was left open,
Palace area, Alfaro saw the Nissan Patrol slow down and
followed by Webb, Lejano and Ventura. At the garage,
something thrown out into a cogonal area. They went to a
Ventura pulled out a chair to get on top of the hood of the
large house with high walls and concrete fence, steel gate
Vizcondes Nissan Sentra car and loosened the electric bulb
and long driveway located at BF Executive Village. They
("para daw walang ilaw"). They proceeded to the iron grill
parked their cars inside the compound and gathered in the
gate which was likewise left open, and passed through the
lawn area where the "blaming session" took place. It was only
dirty kitchen. It was Carmela who opened the aluminum
at this point that Alfaro and the others came to know fully
screen door of the kitchen for them to enter. Carmela and
what happened at the Vizconde house. The mother was the
Webb for a moment looked at each other in the eye, and then
first one (1) killed, then Jennifer and the last, Carmela.21
proceeded towards the dining area. As she lost sight of
Carmela and Webb, Alfaro decided to go out of the house. Ventura was blaming Webb telling him: "Bakit naman pati
Lejano asked where she was going and she told him she will yung bata?" According to Webb, the girl was awakened and
smoke outside. On her way to the screen door, she saw upon seeing him molesting Carmela, she jumped on him, bit
Ventura pulling a drawer in the kitchen. At the garden area, his shoulders and pulled his hair. Webb got mad and grabbed
she smoked a cigarette. After about twenty (20) minutes, she the girl, pushed her to the wall and stabbed her several times.
was surprised upon hearing a female voice uttered "Sino Lejano excused himself and used the telephone inside the
yan?" and she immediately walked out towards her car. She house, while Webb called up someone on his cellular phone.
found the others still outside around her car and Estrada who At around 2:00 in the morning, Gerardo Biong arrived and
was inside the car said: "Okay ba?" After staying in her car talked to Webb who ordered him to clean up the Vizconde
for about ten (10) minutes, she returned to the house passing house, and said "Pera lang ang katapat nyan." Biong
through the same iron grill gate and dirty kitchen. While it was answered "Okay lang." Webb addressed the group and gave
dark inside the house, there was light coming from outside. In his final instructions: "We dont know each other. We havent
the kitchen, she saw Ventura searching a ladys bag on top of seen each other...baka maulit yan." She and Estrada then
the dining table. When she asked Ventura what was it he was departed and went to her fathers house.22
looking for, he said: "Ikaw na nga dito, maghanap ka ng susi."
Dr. Prospero A. Cabanayan, medico-legal officer of the
She asked him what particular key and he replied: "Basta
National Bureau of Investigation (NBI), who conducted the
maghanap ka ng susi ng main door pati na rin ng susi ng
autopsy on the cadavers of the victims, testified on his
kotse." When she found a bunch of keys in the bag, she tried
findings as stated in the autopsy reports he submitted to the
them on the main door of the house but none of them fitted the
court. The bodies were photographed showing their
lock; she also did not find any car key.19
condition before the start of the post-mortem
Unable to open the main door, Alfaro walked back towards examination.23 Considering that they were almost in
the kitchen but upon reaching the spot leading to the dining complete rigor mortis, the victims must have been dead for
area, she heard a very loud static sound (like that coming twelve (12) hours. Carmelas hands were on her back hogtied
from a television which had signed off). Out of curiosity, she with an electric cord and her mouth gagged with a pillow
went to the door of the masters bedroom where the sound case. She had contusions on her right forearm and thighs,
was coming from and peeped inside. She pushed the slightly ligature marks on her wrists and nine (9) stab wounds on her
ajar door with her fingers and the sound grew even louder. chest (five [5] wounds are "connecting" or reaching to the
After pushing the door wider, she walked into the room. There back of the body). Further, specimen taken from her genitalia
she saw a man on top of Carmela who was lying on the floor, tested positive for the presence of human spermatozoa,
two (2) bloodied bodies on top of the bed and Lejano who was which is indicative of complete penetration plus ejaculation
Evidence CASES: I. GENERAL PRINCIPLES Page 34 of 54
of the male sex organ into the female sex organ. The also there, including Michael Gatchalian who passed by of homeowner, he/she will no longer be stopped or queried by
contusions on her thighs were probably due to the application infront of the house. Afterwards, he returned to their guard the guards. In particular, he knows Mike and had seen him
of blunt force such as a fist blow.24 post where their Officer-in-Charge (OIC), Justo Cabanacan, visit the house of Lilet Sy, another homeowner. He often goes
probed him and Mendez on anything they had observed the to Lilet Sys house because of the various complaints of
Dr. Cabanayan further testified that Estrellita was also
previous night. He and Mendez told Cabanacan that they did homeowners against her like the presence of too many
hogtied from behind and her wrists bore ligature marks from
not notice anything unusual except "Mike" (Michael people at her house until midnight and the vehicles of her
an electric cord with a plug. She sustained twelve (12) stab
Gatchalian) and his friends entering and exiting the visitors running over her neighbors plants. This Lilet Sy is
wounds, eight (8) of which are "communicating" or
subdivision gate ("labas-masok").29 also a suspected drug pusher within the subdivision.33
perforating (through and through stab wounds) which are
fatal since vital organs are involved. As to Jennifer, her stab White, Jr. recounted that Mikes group entered the
25
Cabanacan further testified that around the last week of May
wounds, nineteen (19) in all, had the characteristics of one (1) subdivision on the night of June 29, 1991. Upon approaching or first week of June 1991, he came to know Hubert Webb
which is extremely blunt, the other extremely sharp. These the gate, Mikes car slowed down on the hump. He was about because he had stopped his car at the subdivision gate as it
wounds are located in different parts of her body, most of to flag down and verify ("sisitahin") but Mike (who was at the had no local sticker of Pitong Daan Subdivision. It was around
which are on the left anterior chest. But unlike Carmela and right front seat) immediately opened his window to show his 7:00 oclock in the evening when Webb arrived. He greeted
Estrellita, Jennifer had two (2) stab wounds on her back and face and pointed to two (2) vehicles behind him as his Webb and asked about his destination. Webb replied he was
incise wounds on her left and right forearms, the latter usually companions. Because of their policy allowing outsiders to going to see Lilet Sy. When he asked Webb to leave an
referred to as defense wounds. Seven (7) of the nine (9) stab enter the subdivision as long as they are accompanied by a identification card, Webb pointed to his car sticker saying he
wounds on her chest were perforating, hence fatal homeowner, he and Mendez just let the three (3) vehicles in is also a BF Homes resident. He explained to Webb that the
wounds.26 Judging from the characteristics of the stab (Mike was in the first car). That was actually the second time sticker on his car was for United BF Homes and not the local
wounds sustained by the victims, Dr. Cabanayan concluded he saw Mike and his "barkada" that night because he had sticker of Pitong Daan Subdivision. Webb then said: "Taga-
that they could have been inflicted using sharp-edged, earlier seen them at Vinzons St. near the Gatchalian diyan lang ako sa Phase III...saka anak ako ni Congressman
pointed and single-bladed instruments such as a kitchen residence. However, he could no longer remember the Webb." He insisted on seeing Webbs ID card and grudgingly
knife.27 precise time he saw the group on these two (2) instances.30 Webb obliged and pulled out his wallet. Webb gave him a
laminated ID card with Webbs picture and with the name
Normal E. White, Jr., one (1) of four (4) security guards White, Jr. further testified that on the night of June 30, 1991,
"Hubert Webb" written on it. After seeing the ID card, he
assigned at Pitong Daan Subdivision which is part of the policemen took him from the Pitong Daan Subdivision
returned the same to Webb and allowed him to enter the
United BF Homes, testified that he and Edgar Mendez were Homeowners Association and brought him to the Paraaque
subdivision. However, he did not anymore record this
the guards on duty on the night of June 29, 1991, starting at Municipal Building. Biong was forcing him to admit that he
incident in their logbook because anyway Webb is the son of
7:00 oclock in the evening until 7:00 oclock in the morning of was one (1) of those who killed the Vizconde women. Biong
the Paraaque Congressman, a well-known personality.34
June 30, 1991. On June 30, 1991, at around 6:00 a.m., a boxed him insisting he was among the perpetrators and had
homeowner called his attention on the incident the previous no mercy for the victims. He and Mendez were later fetched In the morning of June 30, 1991, Cabanacan said he also went
night at the Vizconde house. He immediately proceeded to by the Chief of Security of Pitong Daan Subdivision to the Vizconde house upon being told by Mendez and White,
said house where there were already many people. The Homeowners Association, Nestor Potenciano Jr., and OIC Jr. of the killings. By afternoon of the same day, he came to
housemaids of the Vizcondes led him to the entrance at the Justo Cabanacan.31 Biong had also taken their logbook meet Biong who was conducting the investigation. Based on
kitchen and pointed to the masters bedroom. Upon entering where they list down the names of visitors, plate number of the information given by Mendez and White, Jr., he prepared
the room, he saw the bloodied bodies of the victims: two (2) vehicles, name and street of the homeowner they were a written report on the incident which he submitted to Nestor
were on top of the bed, and one (1) lying down on the floor. He staying at, etc. However, when presented with the alleged Potenciano, Jr. After the incident, Biong frequented their
is familiar with Mrs. Vizconde, Carmela and Jennifer because logbook, White, Jr. said it was not the same logbook, he could place to investigate and asserting he had no female
they were kind to the guards and usually greeted them. Mrs. not recognize its cover and could not categorically confirm companion while conducting his investigation at the Vizconde
Vizconde was gagged and her hands tied, while Jennifer was the entries supposedly made in his own handwriting.32 house on June 30, 1991. Aside from taking their logbook,
also lying on top of the bed. Carmela was lying on her back Biong also took his two (2) guards (Mendez and White, Jr.) to
Justo Cabanacan, another security guard assigned at the
with one (1) of her legs raised, her dress pulled up and her the police headquarters on June 30, 1991 at around 7:00 p.m.
Pitong Daan Subdivision and the one (1) supervising his co-
genitals exposed. He also noticed that the TV was still on with The said guards also related to him what Biong did to them.
guards White, Jr., Mendez and Tungo, testified that when he
loud sound. He went out to call the police but he met their They said Biong punched them and forced them to admit
reported for duty on June 30, 1991 at about 7:00 oclock in
Security Chief whom he informed about the killings at the having participated in the Vizconde killings.35
the morning, he was met by Mendez who told him about the
Vizconde house. He then proceeded directly to the
killing of a homeowner and her family. When he asked Mendez Mila Solomon Gaviola, a laundrywoman who worked at the
entrance/guard post of the subdivision and was told by
if he and White, Jr. noticed anything unusual during their tour Webb residence located at Aguirre Avenue, BF Homes,
Mendez that there were already policemen who had arrived.28
of duty the previous night, Mendez said everything was alright Paraaque from January to July 199136 testified that on June
Having been apprised of the arrival of the police, White, Jr. except for Mike and his friends who had gone in and out of the 30, 1991 at around 4:00 in the morning, she went to the room
returned to the Vizconde house to observe what was going subdivision ("labas-masok") until the wee hours in the of Hubert to get his and his brothers (Jason and Michaels)
on. He saw the policemen already investigating the crime morning of June 30, 1991. White, Jr. also reported to him that dirty clothes, using the small "secret door" at the second
scene and one (1) of them he later came to know as Gerardo on the night of June 29, 1991, while doing his roving duty floor near the servants quarters. She noticed that Michael
Biong. There was also a woman who was with Biong when he around the subdivision, he noticed vehicles parked along and Jason were still asleep while Hubert was sitting on the
was conducting the investigation inside the Vizconde Vinzons St. near the house of Mr. Almogino where there bed wearing only his pants. When she finished collecting dirty
premises at the garage area. The maids were being asked if seemed to be a drinking party, and that Mike was "labas- clothes including those of Senator Webb, she brought them
they were able to hear the breaking of the main doors glass masok" through the subdivision gate. He confirmed it was down to the laundry area. She ate breakfast and rested for a
frame, and he saw Biong in the act of further breaking the indeed their policy that if one (1) is a son/daughter of a while. Afterwards, she started washing first Senator Webbs
remaining glass. He recognized other homeowners who were homeowner, or accompanied by a homeowner or any relative clothes and then those of the sons. She washed Huberts

Evidence CASES: I. GENERAL PRINCIPLES Page 35 of 54

white shirt with round neck and found it had fresh blood stains
at the stomach area and also splattered blood ("tilamsik
lang") on the chest. She had difficulty removing the blood
stains and had to use Chlorox. After she finished washing the
clothes, she hanged them to dry on the second floor.
Returning to the servants quarters, she peeped into Huberts
room through the "secret door." She saw Hubert pacing the
floor ("di mapakali"); this was about 9:00 a.m. already. She
saw Hubert again around 1:00 oclock in the afternoon as he
left the house passing through the "secret door"; he was clad
in t-shirt and shorts. Hubert was back at the house by 4:00
oclock in the afternoon. She never saw him again until she
left in July 1991.37
Gaviola further testified that on June 30, 1991 at around 7:00
oclock in the morning, she saw Senator Webb at the sala
reading a newspaper.38
Lolita Carrera Vda. de Birrer, a widow and resident of United
Paraaque Subdivision 5, testified that on June 29, 1991 at
around 6:00 p.m., Biong who was then her boyfriend, asked
her to come to the Paraaque police station to play "mahjong"
at Aling Glos canteen located at the back of their office. They
started playing at 6:30 in the evening. Between 1:00 and 2:00
in the morning of June 30, 1991, the radio operator at the
police station went down to the canteen telling Biong he has
a call. She took Biongs place at the game while Biong went
to the headquarters. After a while, she followed Biong to ask
if he was joining the next bet. Biong was on the telephone
talking with someone and visibly irked. She heard Biongs
words: "Ano?... Saan?... Mahirap yan ah! O sige, dadating
ako... Ano?... Saan?... Dilaw na taxi?" Biong then told her he
was leaving and shortly thereafter a taxicab arrived with a
man seated at the back seat. Biong bade her good-bye saying
he was going to BF Homes. She continued playing "mahjong"
until morning. At around 7:00 a.m., Biong came back and
went straight to the washing area of the canteen. She
followed him and saw him cleaning blood stains on his
fingernails. After wiping his face and hands with a
handkerchief, he threw it away and when she asked why,
Biong said it smelled stinky. Biong was in bad mood
("aburido") and complained, "Putang inang mga batang yon,
pinahirapan ako nang husto". Afterwards, Biong took out a
knife with aluminum cover from his drawer and put it in his
steel cabinet. She invited him for lunch but another
policeman, Galvan, came and told Biong to proceed to BF
Homes and investigate the three (3) dead persons there.
Biong answered, "Oo, susunod na ako" and then proceeded
to Capt. Bartolomes office. With Capt. Bartolomes
permission, she joined them in going to the Vizconde
residence.39
Upon arriving at the Vizconde house, Biong asked that the
victims relatives and the homeowners association President
be summoned. A certain Mr. Lopez and Ms. Moreno arrived
and also a security guard named White, Jr. who pointed to the
location of the victims bodies. They entered the masters
bedroom and she saw the mother and a small girl on top of
the bed, and a young woman sprawled on the floor. After
inspecting the bodies, Biong went to the toilet and turned on taxicab. In both instances, Biong came out of the house with
the faucet; the running water washed out the blood on the an envelope containing an undisclosed amount of money. She
flooring of the toilet. Biong searched the drawers using his remembered this because when she was already staying in
ballpen. She saw him took a round pendant watch and Pangasinan on December 7, 1995, she saw flashed on ABS-
pocketed it. They went out of the room and on the top of the CBNs TV Patrol News 7:00 p.m. newscast on television, a
dining table they saw a shoulder bag and scattered next to it video footage of the house of Senator Webb. She was certain
were various items such as Carmelas ATM card, her drivers it was that house where Biong went and came out carrying
license and calling cards. Biong proceeded to the main door cash in an envelope.43
and removed its chain lock. When they came out towards the
Lauro G. Vizconde, husband of Estrellita and father of
garage area, Biong saw a stone by the window. He then asked
Carmela and Jennifer, testified on the personal
Capt. Bartolome to go inside the room of the two (2) maids to
circumstances of the victims. At the time of their deaths,
see for himself if indeed the noise of the breaking glass could
Estrellita was engaged in business (at one [1] time or another
not be heard. When Capt. Bartolome was already inside the
she was a garment manufacturer, taxi operator, canteen
middle room, Biong shattered the remaining glass of the main
owner and local employment recruiter), Carmela was a
door with the butt of his gun. When Biong asked if he could
graduating B.S. Psychology student at the University of Santo
hear it, Capt. Bartolome answered in the affirmative. Biong
Tomas, while Jennifer was a Grade I pupil at Bloomfield
next inspected the garage where he saw the footmarks on the
Academy at BF Resort, Las Pias, Metro Manila. He left the
cars hood; Biong also found fingerprints on the electric bulb.
Philippines in November 1989 to work in the United States of
She was just beside Biong at the time. They followed Biong
America. He had not since returned to the country -- until this
towards the back of the house but upon seeing another shoe
unfortunate tragedy befell his family -- but communicated
print on the ground just outside the masters bedroom, he
with his wife through telephone once or twice a month.44
directed them not to proceed any further. They left the
Vizconde house at around 10:00 a.m. and proceeded to the Lauro G. Vizconde further testified that his daughter, when
Paraaque Municipal Building.40 she was still alive, was so close to him that she confides her
daily activities, dreams, ambitions and plans in life. She
Birrer further testified that on July 1, 1991 at 10:00 oclock in
intended to pursue further masteral and doctoral degrees in
the morning, Biong arrived at her house bringing along with
business psychology in the U.S.A. In fact, that was the reason
him the two (2) maids of the Vizcondes. He asked her to cook
he transferred from one (1) state to another looking for a
something for the maids to eat. Biong also instructed her to
school where Carmela could enroll. However, he had to come
interview the maids on what they know about the killings. She
home in July 1991 and bury his wife and daughters whose
did as told but the maids said they do not know anything as
violent deaths he was informed of only upon arriving in the
they were asleep. After they had lunch, Biong told her to let
country and when he saw their bodies with stab wounds at
the maids rest. While she and the maids were resting at the
the funeral parlor just before burial. He spent burial expenses
sala, Biong requested to use her bathroom. Before taking a
in the amount of P289,000.00, plus P103,000.00 incidental
bath, Biong took out the contents of his pockets which he put
expenses, P300,000.00 paid for memorial lots and
on the dining table. She saw Carmelas ATM card and drivers
around P100,000.00 for the construction of the mausoleum -
license, bracelet, earrings and the round pendant watch
with a grand total of P793,950.00. He likewise incurred
Biong had taken from a jewelry box while they were inside the
litigation expenses in the amount of P97,404.50.45
Vizconde house. When Biong left her house, he brought all
said items with him.41 In one (1) of their telephone conversations when he was still
in the U.S.A., Lauro Vizconde recounted that Carmela
On July 2, 1991 at around 6:00 p.m., Birrer was at the
mentioned to him that she had turned down a suitor whom she
Paraaque Municipal Building inside Biongs office. She saw
called "Bagyo," who is a son of politician in Paraaque and
Biong open his steel cabinet and took out a brown leather
comes from an affluent family. He also expressed his mental
jacket which she thought was imported. When she asked him
anguish, wounded feelings, emotional suffering due to the
where it came from, Biong initially just said it was given as a
untimely demise of his family. It actually cost him his life, his
gift but when she further queried, he answered:
heart bled all the time and only time can tell when he can fully
"Natatandaan mo ba yong nirespondehan ko noong gabi sa
cope with the situation. He is presently totally displaced and
BF Homes? Doon galing yon." She asked Biong whether
jobless; he misses his family and he now lives an abnormal life
those were the youths he had mentioned earlier and he said
with no inspiration and no more challenge to work for. When
yes. As to the jewelries taken by Biong from the Vizconde
asked how much compensation he will ask for moral
house, she was with Biong when the latter pawned them at a
damages, he answered saying he leaves the matter to the
pawnshop near Chow-Chow; Biong got P20,000.00 for the
sound discretion of the court as in truth, no amount can truly
pawned items. 42
compensate him for the loss of his loved ones. He sought
Birrer further testified that two (2) weeks after they went to justice for the death of his family and hoped that the culprits,
the Vizconde residence to investigate, Biong on two (2) whoever they were, will be punished so that the souls of his
occasions brought her along to a certain house. It was only departed loved ones may rest in peace.46
Biong who went inside the said house as she waited in a
Defense Evidence
Evidence CASES: I. GENERAL PRINCIPLES Page 36 of 54
The accused chiefly assailed the credibility of prosecution employment papers. He also identified some handwritten Webb and Hubert went to some stores to go shopping for a
star witness Alfaro, in particular her execution of two (2) letters he mailed while he was in the US and sent to his friend bicycle for Hubert. But they only bought bike accessories. He
allegedly inconsistent affidavits (one on April 28, 1995 and Jennifer Cabrera in the Philippines; photographs and video invited them to snack before he brought them to his own
another on May 22, 1995) and raised alibi and denial as tape clips taken during his cousin Marie Manlapits wedding house where he introduced to them his son Andrew. The
defenses to the charge of rape with homicide attended by to Alex del Toro which wedding he attended in the US following day, June 29, 1991, they went to Riverside,
conspiracy. During the trial, no less than 95 witnesses47 were together with his mother; and receipt issued for the mountain California to shop for a car for Hubert; though they found a
presented, and voluminous documentary exhibits were bicycle he bought on June 30, 1991 from the Orange Cycle Toyota MR2, they did not buy it because it has questionable
submitted. store in Anaheim.51 ownership. Early morning the next day, he picked up
Congressman Webb and they played tennis from 7:00 to 10:00
The testimonies of the principal witnesses for the defense are Webb denied having met Carmela Vizconde and neither does
a.m. He and Congressman Webb were close friends, as both
summarized as follows: he know Jessica Alfaro. He had been jailed since August 9,
of them were members of a basketball team in Letran. The
1995. When asked about his co-accused, Webb said the only
Hubert Jeffrey P. Webb testified that at the time of the killings first time he saw Hubert was when he was still a small kid and
ones he had met before June 29, 1991 were Fernandez and
between June 29 and 30, 1991, he was still in Anaheim Hills, the other time on June 28, 1991 at the Brottmans residence
Rodriguez. He used to play basketball with Fernandez at BF
California, U.S.A., having departed from the Philippines on in Anaheim.57
Homes Phase III, during which he also met Rodriguez. While
March 9, 1991 on board a United Airlines flight bound for San
he admitted having gone out on a group with Fernandez to the Senator Freddie Webb testified that his son Hubert left for the
Francisco. He was accompanied by Gloria Webb, whose
houses of their basketball buddies, he denied having gone out US on March 9, 1991, the first time he had gone out of the
husband Richard Webb is the eldest brother of his father
with Rodriguez at any time.52 He also denied knowing Biong country. Hubert stayed with his sister-in-law Gloria. They
Senator Freddie Webb. It was the first time he traveled to the
who is neither a driver nor security aide of his father.53 wanted to show Hubert the value of independence, hard work
US and he returned to the Philippines only on October 25,
and perseverance, and for him to learn how to get along and
1992. On the eve of his departure, he, Rael, Tina and his then Gloria Webb testified that on March 9, 1991, she traveled with
live with other people. Hubert resigned from his job at Saztec
girlfriend Milagros Castillo went out and had dinner at Webb on a United Airlines flight to San Francisco. Webb
before departing for the US. He and his wife also went to the
Bunchchums. Later that night, they went to Faces Disco at stayed at her residence at 639 Gellert Boulevard, Daly City,
US on June 28, 1991. They stayed at the house of his sister-
Makati Avenue where his friends Paulo Santos and Jay California until May 1991 when he left to be with his mothers
in-law, Susan Brottman at Anaheim. From San Francisco,
Ortega followed. They went home at 3:00 oclock in the sister and relatives in Anaheim. Webb and her grandson
they went to Orlando, Florida, then back to Los Angeles and
morning already. After driving around in the city and bringing attended a "concierto" in the evenings and he also joined and
returned to the Philippines on July 21, 1991. Among the
Milagros home, he arrived at his house at around 5:00 a.m. helped her son-in-law with his business. Webb went with them
places he visited while in the US were the Yosemite Park,
His parents were already preparing to leave and so they to church, to the malls and in shopping. In April 1991, Webb
Nordstrom, Disneyland, Disneyworld. Upon arriving at
headed to the airport.48 Webbs friend Rafael Jose, Paulo went on a trip to Lake Tahoe with Mr. Wheelock and family.54
Anaheim, he saw his son Hubert and also informed Honesto
Santos, Senator Webbs security staff Miguel Muoz, Webbs
Dorothy Wheelock testified that she became a US citizen in Aragon regarding their plan to procure a bicycle for Hubert.
secretary Cristina Magpusao and house girl Victoria Ventoso
1974 and has been residing at 877 Las Lomas Drive, Milpitas, Hubert was with them again on June 29, 1991 at dinner in the
corroborated Webbs testimony that he departed from the
California. Webbs mother is her childhood friend and residence of his sister-in-law. On July 1, 1991, they went
Philippines on March 9, 1991.49
schoolmate. When she heard that Webb was in the US looking shopping for some clothes. Together with Aragon, he and
Webb further testified that he stayed at the house of her for a job, she invited him, and her husband Louis Wheelock Hubert looked for a Toyota MR2 car and paid for it with a
Auntie Gloria and Uncle Dinky at San Francisco until late April picked him up at Daly City in April 1991. To reciprocate the check (the car was priced at $6,000-$7,000).58
to May 1991. Upon the invitation of her aunt Susan Brottman, Webbs hospitality while they visited the Philippines in 1990,
Senator Webb further testified that he knows Mila Gaviola
sister of his mother, he rode a train and went to Anaheim she and her family took Webb to a trip to Lake Tahoe in
who used to be their "labandera." She left their house but
where he stayed until mid-July 1991. Thereafter, he rented a Nevada during which they even took a video tape. Senator
returned to work for them again about a couple of months
nearby place but did not complete the one (1) month pre-paid Freddie and Mrs. Webb also visited and stayed with them for
after the Mt. Pinatubo eruption. As to Alfaros statements
lease period as he proceeded to Longwood, Florida. He four (4) days in July 1991. They took them to a trip to Yosemite
implicating his son Hubert in the Vizconde killings, he said the
stayed at the residence of his Uncle Jack and Sonia Park, also with video footages taken by her husband.55
statements were not accurate because it was physically
Rodriguez for almost a year (August 1991-August 1992). He
Steven Keeler testified that he had been an American citizen impossible for Hubert to have participated in the crime as he
went back to Anaheim and stayed at the house of his
since 1982 and resident of 4002 River Street, Newport Beach, was abroad at the time.59
godmother and sister of his mother, Imelda Pagaspas, until
California. He met Webb at a dinner in the house of Webbs
October 1992. He met his relatives and other personalities Louis Whitaker testified that he left the Philippines and
aunt Susan Brottman in Anaheim Hills around May or June
while in the US; visited Lake Tahoe with the Wheelock family; resided in the US since September 1964. He met Jack
1991. Brottmans son, Rey Manlapit, was his good friend.
toured Disneyland where Luis Wheelock filmed them and Rodriguez when the latter fetched him and his wife Sonia at
They played basketball with Webb, went to bars, shopped and
attended a concert with Christopher Esguerra who also took the Los Angeles International Airport on June 28, 1991 upon
watched TV. He also knew that Webb bought a car and
him out to the malls.50 their arrival from the Philippines. They proceeded to the
worked for Alex del Toro for Environment First Termite
house of a mutual friend, Salvador Vaca, at Moresbay Street
Webb further testified that in the later part of June 1991, his Control. He believed that Webb left for Florida towards the
in Lake Forest. They went to see Congressman Webb at a
parents joined him in the US. He applied for and was issued a end of summer (July 1991). He could not recall any specific
house in Anaheim. That was the first time he met
drivers license on June 14, 1991. He also worked at the pest dates he was with Webb.56
Congressman Webb, Mrs. Webb, the sister-in-law and a Mr.
control company of his cousin-in-law Alex del Toro. Aside
Honesto Aragon testified that he went to the US in 1967 and Aragon. On June 29, 1991, he and Rodriguez invited
from his passport and airline ticket for return flight to the
became a US citizen in 1989. On June 28, 1991, he met then Congressman Webb to see Mr. Vaca perform at La Calesa
Philippines, Webb presented before the court the logbook of
Congressman Freddie Webb at the house of the latters Restaurant in the City of Testin. When they fetched
jobs/tasks kept by del Toro, in which he pointed to the entries
sister-in-law, Susan, at Anaheim. Congressman Webb Congressman Webb at his sister-in-laws house, he met again
therein which were actually performed by him; and also his
introduced to him his son Hubert Webb. He, Congressman Mrs. Webb, and also Hubert. He saw Hubert for the second
purported pay check ($150 "pay to Cash"), ID and other

Evidence CASES: I. GENERAL PRINCIPLES Page 37 of 54

time at Orlando, Florida when he went to the house of Jack Webb submitted the following documentary evidence in volunteered to give statements. Biong told them to return the
Rodriguez there; this was about July or August 1991.60
Sonia H. Rodriguez testified that she was appointed UNESCO
Commissioner by then President Fidel V. Ramos. She has
known accused Webb since he was a child. On June 28, 1991,
she and her husband boarded a plane for Los Angeles,
California. They were fetched at the LA airport by old-time
friend Salvador Vaca and proceeded to the latters house in
Orange County, California. They had dinner that evening with
spouses Freddie and Elizabeth Webb at the house of Susan
Brottman. The next day, in the afternoon of June 29, 1991, her
husband and Salvador Vaca picked up Senator Webb from
the house of Susan Brottman and then came back to fetch her
and Mrs. Vaca to go to La Calesa, a restaurant owned by
connection with his sojourn in the US: following day. However, when he returned in the morning of
July 6, 1991, Biong wanted his fingerprints taken right away
1) Video Tape recording of Disneyland trip on July 3,
but he told Biong he needed to consult someone first. He
1991; 67
eventually submitted himself for fingerprinting after his name
2) Official Receipt issued by Orange Cycle Center dated came out in the media. Lejano pointed out that Alfaro failed to
June 30, 1991,68 photographs of the bicycle purchased identify him even as she passed by him three (3) times, and
by Webb from said store;69 was able to do so only when she was coached by the
prosecution camp.89
3) Car plate with the name "Lew Webb";70
On the part of Michael Gatchalian, he presented nine (9)
4) Passport with Philippine Immigration arrival stamp;71
witnesses: Atty. Porfirio "Perry" Pimentel, RPN 9 broadcast
5) Photographs of Webb with Rodriguez family;72 executive who testified that he personally took video footages
of Mon Tulfos interviews with some persons in America
6) California Drivers License of Webb, Original (including Honesto Aragon and the bicycle shop owner) who
73

Mario Benitez, also a Filipino. However, she and Mrs. Vaca
decided to stay home. On June 30, 1991 at around 8:00 p.m.,
she and her husband went to the house of Susan Brottman,
together with Salvador and Mrs. Vaca and Louis Whitaker.
She recalled that Hubert was there at the time. She saw
Hubert again on July 4, 1991 when they went on a lakeside
picnic with the Webb family, Brottmans and Vacas. After
License Card of Webb issued on June 14, 1991; 74
attested that Hubert Webb was there at the time of the
7) Statement of Account issued to Environment First Vizconde killings, but which segment was edited out in the
Termite Control showing Check No. 0180;75 Bank of program he produced (Action 9);90 Mark Anthony So, a former
America Certification on Check Nos. 0122 and 0180;76 NBI intelligence agent who was tasked to confirm photos of
Hubert Webb (his classmate at DLSU St. Benilde) to
8) Public Records of California Department of Motor familiarize Alfaro with his facial features;91 Matthew John
Vehicle on sale to Webb of Toyota MR2 car; Traffic Almogino, a childhood friend and neighbor of Gatchalian, who
77

watching the fireworks, they went to Sizzler Restaurant. The
next day, she and her husband stayed overnight at San
Francisco where they also met Senator and Mrs. Webb. On
August August 4, 1991, Hubert arrived in her home in Florida
with her son Tony, daughter-in-law Ana, and stayed with them
for almost one (1) year. The last time she saw Hubert was
when he left Orlando, Florida on January 27, 1992.61
Webb presented other witnesses to buttress his defense of
alibi: Victor Yap (who took video shots of Congressman Webb
during a boat ride in Disneyland);62 Armando Rodriguez (who
testified seeing Hubert in Orlando either August or
September 1991); performing artist Gary Valenciano (who
63
testified meeting Hubert at a dinner at the Rodriguez
citations issued to Webb;78 Import documents of said car testified that he was among those who went inside the
into the Philippines;79 Vizconde house in the morning of June 30, 1991 and Biong
9) Certification issued by the US Immigration and even asked him to take pictures; thereupon at around 9:30
Naturalization Service and correspondence between US a.m., he saw Gatchalian in front of the Vizconde residence
and Philippine Government;80 computer-generated telling him that he just woke up and exchanged pleasantries
print-out of the US-INS indicating date of Webbs entry in with him; and that as far as he knows, Webb, Fernandez,
USA as March 9, 1991 and his date of departure as Lejano and Gatchalian are not "magbabarkada";92 Atty. Leny
October 26, 1992;81 US-INS Certification dated August Mauricio and Ana Marie Pamintuan of The Philippine
31, 1995 authenticated by the Philippine Department of Star wherein a news article was published stating that
Foreign Affairs, correcting the earlier August 10, 1995 Michael Gatchalian had rejected governments offer for him
Certification;82 to turn state witness in the Vizconde case;93 Atty. Camilo
Murillo who accompanied Gatchalian on July 19, 1991 when
10) Certification issued by Agnes Tabuena;83 Passenger he gave his statement to the NBI, testified that Atty. Pete
Manifest of PAL Flight No. 103; PAL ticket issued to Rivera relayed to Gatchalian the request of then NBI Director
84

residence in Orlando on November 24, 1991, Jack Rodriguez Webb,85 Arrival in Manila Certification issued by the Honesto Aragon for him to turn state witness and which offer
being the father of his high school classmate Antonio Philippine Immigration,86 Diplomatic Note of the US was refused by Gatchalian and his father;94 and Atty. Manuel
Rodriguez;64 and Christopher Paul Legaspi Esguerra Department of State with enclosed letter from Acting Sunga who accompanied Gatchalian to the Department of
(grandson of Gloria Webb who went with Hubert Webb to Director Debora A. Farmer of the Records Operations, Justice (DOJ) when he submitted his counter-affidavit (where
watch the concert of the Deelite Band in San Francisco in the Office of Records of the US-INS stating that the there were already media people), testified that they were
later part of April 1991 and saw Hubert Webb for the last time Certification dated August 31, 1995 is a true and invited to the conference room where State Prosecutor Zuo
in May 1991).65 accurate statement;87 and Certificate of Authentication in the presence of then Secretary Guingona made the offer
Then a practicing lawyer, Atty. Antonio T. Carpio (now an of Philippine Consul Herrera-Lim.88 for Gatchalian to turn state witness but it was rejected.95
Associate Justice of this Court) testified that on June 29, 1991 Accused Antonio Lejano and Michael Gatchalian likewise
Atty. Francisco C. Gatchalian confirmed that the NBI and
between 10:00 and 11:00 oclock in the morning, he had a raised the defense of alibi claiming that they spent the night
later the DOJ made offers for his son to turn state witness in
telephone conversation with former Congressman Webb who of June 29, 1991 until early morning of June 30, 1991
this case but they refused for the reason that his son was
said he was calling from Anaheim, U.S.A., where he and his watching video tapes at the house of Carlos Syap at Ayala
innocent of the crime charged. Michael had told him that on
wife went to look for a job for their son Hubert. They also Alabang Village.
the night of June 29, 1991 until early morning of June 30,
talked about bills to be drafted as his law office had been
1991, Michael was with his friends at Ayala Alabang Village in
engaged by Congressman Webb for bill drafting services as Lejano further testified that with the exception of Miguel
Muntinlupa at the residence of the Syaps. Gatchalian
well as preparation of his speeches and statements. When "Ging" Rodriguez and Michael "Mike" Gatchalian who are his
former schoolmates, he does not know any of his co-accused. narrated that when he woke up to jog in the morning of June
asked if he had personal knowledge that Congressman Webb
30, 1991 around 7:00 to 7:30, he passed by the Vizconde
was really in the US at that time, he replied that since Webb They left the house of Syap brothers early morning of June 30,
house and saw people milling in front. At about 8:30 a.m., he
had told him he was leaving for the US, he just presumed it 1991; it was Cas Syap who brought him and Mike home. On
July 5, 1991, he and Cas Syap went to the police station where saw the crowd getting bigger and so he instructed Michael
was so when Webb said he was then at Anaheim. Neither did
Mike, who was picked up as a suspect by the police on July 4, who had wakened up, to find out and check what happened
he have personal knowledge that Hubert Webb was in the US
at the time of his conversation with Congressman Webb.66 was detained. When they met Biong there, they told him they to their neighbor. Michael rushed out towards the Vizconde
are willing to vouch for Mikes innocence and even residence and when he came back about 10:00 oclock that

Evidence CASES: I. GENERAL PRINCIPLES Page 38 of 54

same morning, he reported that the house was robbed and
people were killed inside the house. Both of them stayed in
their house that day. He denied Alfaros claim that she was
their distant relative.96
Accused Miguel Rodriguez maintained he was at home when
the killings took place. He presented as witness his first
cousin Mark Josef Andres Rualo who testified that at around
1:00 in the morning of June 30, 1991, he called up Rodriguez
asking why he has not yet proceeded to the birthday party of
Rualo at their house. Rodriguez replied that he could not
make it because he was not fetched by his brother Art (who
was the one with a car). So he handed the telephone to Art
(who had arrived at the party around 9:30 to 10:00 p.m.) for
them to talk. From Rodriguezs residence at Pilar Village, it
will take about fifteen (15) to twenty (20) minutes by car. It
was a big party attended by some eighty (80) guests and
which ended by 3:30 to 4:00 a.m. But it was only the first time
he had invited Rodriguez to his birthday party. He knows
Lejano, Rodriguezs close friend and classmate, because
Rodriguez used to bring him along when Rodriguez comes to
his house.97
The other witnesses presented by Rodriguez, Col. Charles
Calima, Jr. and Michael Rodriguez, testified on the alleged
incident of "mistaken identity" wherein Alfaro supposedly
pointed to one (1) "Michael Rodriguez," a drug dependent
who was pulled out by Col. Calima from the Bicutan
Rehabilitation Center on the basis of the description given by
NBI agents. They testified that when Alfaro confronted this
"Michael Rodriguez," she became very emotional and
immediately slapped and kicked him telling him, "How can I
forget your face. We just saw each other in a disco one month
ago and you told me then that you will kill me." Contrary to the
physical description given by the NBI, the accused Miguel
Rodriguez he saw inside the court room had no tattoo on his
arm and definitely not the same "Michael Rodriguez" whom
Alfaro slapped and kicked at the NBI premises. Michael
Rodriguez testified that he was blindfolded and brought to the
comfort room by NBI agents and forced to admit that he was
Miguel Rodriguez; he identified Alfaro and Atty. Figueras from
a collage of photographs shown to him in court.98
Accused Gerardo Biong testified that the last time he handled
this case was when General Filart announced the case as
solved with the presentation of suspects sometime in October
1991. However, he was subpoenaed by the NBI for the taking
of his statement because Lauro Vizconde complained that he
had stolen jewelries at the Vizconde house. He had sought the
examination of latent fingerprints lifted from the crime scene
but the suspects turned out negative when tested. He denied
the accusation regarding the destruction of evidence as well
as missing items during his investigation at the Vizconde
residence. The bloodied bed, mats, pillows and bed sheets
were burned by people at the funeral parlor as ordered by Mr.
Gatmaitan. Among the suspects he had then were Michael
Gatchalian, Tony Boy Lejano and Cas Syap. As to the
testimony of Birrer that they played "mahjong" on the night of Biong further admitted that he was so angry with the
June 29, 1991, he said it was not true because the place was Vizconde housemaids as he did not believe they did not hear
closed on Saturdays and Sundays. After a surveillance on
Birrer, he discovered she had in her possession Carmelas
drivers license and was driving a car already. He denied
Birrers account that he went to a place after receiving a
telephone call at 2:30 in the morning of June 30, 1991. As to
Alfaro, he met her for the first time at the NBI on June 23,
1995. His brown jacket was given to him long ago by a couple
whose dispute he was able to settle. He only met Webb and
Estrada at the NBI. Biong denied the accusations of Birrer,
saying that she was angry at him because they separated and
he had hit her after he heard about her infidelity. Neither has
he seen Alfaro before the filing of this case. He was
administratively charged before the Philippine National
Police (PNP) for Grave Misconduct due to non-preservation of
evidence. He was offered by the NBI to turn state witness but
he declined as he found it difficult to involve his co-accused
whom he does not really know.99
Biong admitted that Birrer went along with him, Galvan and
Capt. Bartolome to the Vizconde residence in the morning of
June 30, 1991. Upon arriving at the Vizconde house, he
looked for the victims relatives and the homeowners
association president; Atty. Lopez and Mrs. Mia came. In
going inside the house, they passed through the kitchen door
which was open already. On top of the kitchen table, there
was a ladys bag with things scattered; he later inspected
them but did not think of examining the bag or taking note of
the calling cards and other items for possible relevance to the
investigation. Upon entering the masters bedroom, he saw
the bloodied bodies. Mrs. Vizcondes hands were hogtied
from behind and her mouth gagged while Jennifers body was
also bloodied. Carmela who was lying on a floor carpet was
likewise gagged, her hands hogtied from behind and her legs
spread out, her clothes raised up and a pillow case was
placed on top of her private part. He had the bodies
photographed and prepared a spot report.100
Biong also admitted that before the pictures were taken, he
removed with his bare hands the object, which was like a
stocking cloth, that was wrapped around Carmelas mouth
and neck. As to the main door glass, it was the upper part
which he broke. There was a red jewelry box they saw where
a pearl necklace inside could be seen; he remembered he had
it photographed but he had not seen those pictures. They left
the Vizconde house and brought the cadavers to the funeral
parlor. He did not take steps to preserve the bloodied carpet,
bed sheets and blankets because they have been previously
told by NBI that no evidence can be found on such items. As
for the footprint and shoe print found on the hood of the car
and at the back of the house, he also could not recall if he had
those photographed. It was only the following day that he
brought an employee of the Paraaque police to lift
fingerprints from the crime scene; he was the one (1) giving
instructions at the time. However, no latent fingerprints had
been taken; despite attempts, no clear fingerprint had been
lifted and he did not any more ask why.101
Evidence CASES: I. GENERAL PRINCIPLES
anything despite the loud sound of the breaking of the main
door glass. He also admitted mauling Normal E. White, Jr.
because he thought he was withholding information during
the investigation. Edgar Mendez did not tell him about the
entry of a three (3)-vehicle convoy into the subdivision on the
night of June 29, 1991. As for Michael Gatchalian, he knows
him because on July 3, 1991 at 4:30 a.m., they caught him at
Vinzons St. at the entrance of Pitong Daan Subdivision for
possession of marijuana. However, he does not know any
more what happened to that case he filed against Gatchalian
as he was already dismissed from the service.102 He also
admitted having mauled Gatchalian while interrogating him
for his participation in the Vizconde killings.103
Ruling of the Trial Court
On January 4, 2000, the trial court rendered its
Decision104 finding all the accused guilty as charged, the
dispositive portion of which reads:
WHEREFORE, this Court hereby finds all the principal
accused GUILTY BEYOND REASONABLE DOUBT OF THE
CRIME OF RAPE WITH HOMICIDE AND HEREBY SENTENCES
EACH ONE OF THEM TO SUFFER THE PENALTY
OF RECLUSION PERPETUA. This Court likewise finds the
accused Gerardo Biong GUILTY BEYOND REASONABLE
DOUBT AS AN ACCESSORY AFTER THE FACT, AND HEREBY
SENTENCES HIM TO SUFFER AN IMPRISONMENT
OF ELEVEN (11) YEARS, FOUR (4) MONTHS AND ONE (1)
DAY TO TWELVE (12) YEARS. In addition, the Court hereby
orders all the accused to jointly and severally pay the victims
surviving heir, Mr. Lauro Vizconde, the following sums by way
of civil indemnity:
1. The amount of P150,000.00 for wrongful death of
the victims;
2. The amount of P762,450.00 representing actual
damages sustained by Mr. Lauro Vizconde;
3. The amount of P2,000,000.00 as moral damages
sustained by Mr. Lauro Vizconde;
4. The amount of P97,404.55 as attorneys fees;
Let an alias warrant of arrest be issued against the accused
Artemio "Dong" Ventura and Joey Filart for their eventual
apprehension so that they can immediately be brought to
trial.
SO ORDERED.105
The trial court found Alfaro as a credible and truthful witness,
considering the vast details she disclosed relative to the
incident she had witnessed inside the Vizconde house. The
trial court noted that Alfaro testified in a categorical,
straightforward, spontaneous and frank manner, and has
remained consistent in her narration of the events despite a
lengthy and grueling cross-examination conducted on her by
eight (8) defense lawyers. Neither was her credibility and
veracity of her declarations in court affected by the
differences and inconsistencies between her April 28, 1995
and May 22, 1995 affidavits, which she had satisfactorily
Page 39 of 54
explained during the trial considering the circumstances that
she initially desired to protect her former boyfriend Estrada
and her relative Gatchalian, the absence of a lawyer during
the first taking of her statements by the NBI, her distrust of
the first investigators who took her statements and prepared
her April 28, 1995 affidavit, and her uncertainty if she could
obtain adequate support and security for her own life were
she to disclose everything she knows about the Vizconde
killings.
On the other hand, the trial court ruled that principal accused
Webb, Lejano, Rodriguez and Gatchalian failed to establish
their defense of alibi, the accused having been positively
identified by Alfaro as the group who conspired and assisted
one (1) another in plotting and carrying out on the same night
the rape of Carmela, on the occasion of which Carmelas
mother and sister were also stabbed to death. The trial court
held that Alfaro gave a clear, positive and convincing
testimony which was sufficiently corroborated on its material
points by the testimonies of other witnesses and confirmed
by the physical evidence on record.
The Court of Appeals Ruling
By Decision of December 15, 2005, the CA affirmed with
modification the trial courts decision:
WHEREFORE, premises considered, the Decision of the
Regional Trial Court, Branch 274 of Paraaque City in
Criminal Case No. 95-404, finding accused-appellants Hubert
"Jeffrey" Webb y Pagaspas, Antonio "Tony Boy" Lejano,
Michael Gatchalian y Adviento, Hospicio "Pyke" Fernandez,
Peter Estrada, Miguel "Ging" Rodriguez GUILTY BEYOND
REASONABLE DOUBT as principals, and Gerardo Biong as
accessory, of the crime of RAPE with HOMICIDE, is
AFFIRMED with MODIFICATION, as indicated:
1). We AFFIRM the sentence of accused-appellants
Webb. Lejano, Gatchalian, Fernandez, Estrada, and
Rodriguez to suffer the penalty of reclusion
perpetua and its corresponding accessory
penalties under Article 41 of the Revised Penal
Code;
2). We MODIFY the penalty of Gerardo Biong who is
an accessory to the crime. Accused-appellant
Biong is sentenced to an indeterminate prison term
of six (6) years of prision correccional, as minimum,
to twelve (12) years of prision mayor, as maximum,
and absolute perpetual disqualification under
Article 58 of the Revised Penal Code; and
3). We MODIFY the civil indemnity. Accused-
appellants Webb. Lejano, Gatchalian, Fernandez,
Estrada and Rodriguez are ORDERED to pay jointly
and severally the surviving heir of the victims, Mr.
Lauro Vizconde. the amounts of P200,000.00 as civil
indemnity, P762,450.00 as actual damages,
P2,000,000.00 as moral damages and P97,404.55 as
attorney's fees, with the corresponding subsidiary
liability against accused-appellant Biong pursuant
to Article 110, paragraph 2 of the Revised Penal CONVICTION, TO A MORAL CERTAINTY, OF HIS GUILT OF
Code. THE CRIME CHARGED. THUS, AS CORRECTLY
APPRECIATED BY JUSTICES TAGLE AND DACUDAO IN
SO ORDERED.106
THEIR SEPARATE DISSENTING OPINIONS -
The CA upheld the trial court in giving full weight and
A. THE PASSPORT OF APPELLANT WEBB, AS THE
credence to the eyewitness testimony of Alfaro which was
OFFICIAL TRAVEL DOCUMENT ISSUED BY THE
duly corroborated by other prosecution witnesses who had
PHILIPPINE GOVERNMENT TO HIM, IS STAMPMARKED
not been shown to have ill-motive and malicious intent in
AND INITIALED WITH THE DEPARTURE DATE OF 9
revealing what they know about the Vizconde killings. It
MARCH 1991 AND ARRIVAL DATE OF 27 OCTOBER
disagreed with the appellants view that they were victims of
1992, SHOWING THAT HE WAS NOT IN THE
an unjust judgment upon their mere allegations that they
PHILIPPINES BUT ABROAD AT THE TIME OF THE
were tried by publicity, and that the trial judge was biased
COMMISSION OF THE CRIME ON 29 JUNE 1991.
whose discriminatory and hostile attitude was demonstrated
by her rejection of 132 out of 142 exhibits of the defense B. THE CERTIFICATIONS AND COMPUTER PRINTOUT
during the bail hearings and her refusal to issue subpoenas ISSUED BY THE UNITED STATES INS NON-IMMIGRANT
to prospective defense witnesses such as former Secretary INFORMATION SYSTEM, WHICH INDICATE EXACTLY
Teofisto Guingona and Antonio Calvento. THE SAME DEPARTURE AND ARRIVAL DATES OF 9
MARCH 1991 AND 27 OCTOBER 1992, CONFIRM THAT
The CA also fully concurred with the trial courts conclusion
IT WAS PHYSICALLY IMPOSSIBLE FOR APPELLANT
that all the principal accused failed to establish their defense
WEBB TO HAVE COMMITTED THE CRIME.
of alibi after carefully evaluating the voluminous
documentary and testimonial evidence presented by the C. THE RULING THAT APPELLANT WEBB WAS
defense. On the issue of conspiracy, the CA found that the "SMUGGLED" INTO AND OUT OF THE PHILIPPINES
prosecution was able to clearly and convincingly establish its WITHIN 9 MARCH 1991 AND 27 OCTOBER 1992, WITH
presence in the commission of the crime, notwithstanding THE US INS CERTIFICATIONS BEING THE PROBABLE
that appellants Rodriguez, Gatchalian, Estrada and PRODUCT OF "MONEY, POWER, INFLUENCE, OR
Fernandez did not actually rape Carmela, nor participated in CONNECTIONS" IS BASED ON PURE SPECULATION
killing her, her mother and sister. AND BIASED CONJECTURE AND NOT ON A
CONCLUSION THAT ANY COURT OF LAW SHOULD
On motion for reconsideration filed by the appellants, the
MAKE.
CAs Special Division of Five, voting 3-2, affirmed the
December 15, 2005 Decision. In the Resolution dated
107
D. NO LESS THAN THE HONORABLE JUSTICE ANTONIO
January 26, 2007, the majority reiterated that it has fully T. CARPIO TESTIFIED IN OPEN COURT THAT IN THE
explained in its Decision why the US-INS Certifications MORNING OF 29 JUNE 1991, OR BEFORE THE
submitted by appellant Webb deserve little weight. It stressed COMMISSION OF THE CRIME, HE HAD AN OVERSEAS
that it is a case of positive identification versus alibi founded CONVERSATION WITH SEN. FREDDIE N. WEBB ON THE
on documentary evidence. On the basis of the rule that alibi is LATTERS PRESENCE IN THE UNITED STATES WITH HIS
accepted only upon the clearest proof that the accused was WIFE AND APPELLANT WEBB.
not and could not have been at the crime scene when it was
II THE DISSENTING JUSTICES CORRECTLY
committed, the CA in resolving the appeal considered the
REJECTED JESSICA ALFARO FOR NOT BEING A CREDIBLE
weight of documentary evidence in light of testimonial
WITNESS AND FOR GIVING INCONSISTENT AND
evidence -- an eyewitness account that the accused was the
UNRELIABLE TESTIMONY.
principal malefactor. As to the issue of apparent
inconsistencies between the two (2) affidavits executed by III THE COURT OF APPEALS MANIFESTLY ERRED IN
Alfaro, the CA said this is a settled matter, citing the Joint DISCARDING EACH AND EVERY PIECE OF THE ACCUSEDS
Decision in CA-G.R. SP No. 42285 and CA-G.R. SP No. 42673 EVIDENCE AND PRACTICALLY REDUCING THE APPEAL
entitled "Rodriguez v. Tolentino" and "Webb, et al. v. BELOW INTO AN EXERCISE OF FINDING GROUNDS TO
Tolentino, et al.," which had long become final. DOUBT, SUSPECT AND ACCORDINGLY REJECT THE PROOF
OFFERED BY THEM IN THEIR DEFENSE INSTEAD OF GIVING
Appellants Arguments
DUE WEIGHT AND CONSIDERATION TO EACH IN ORDER TO
Appellants Webb and Lejano set forth the following THOROUGHLY SATISFY ITSELF OF THE "MORAL
arguments in their Supplemental Appeal Brief as grounds for CERTAINTY" REQUIREMENT IN CRIMINAL CASES.
the reversal of the CA Decision and their acquittal in this
IV IN LIGHT OF THE BASIC TENETS UNDERLYING
case:
OUR CRIMINAL JUSTICE SYSTEM, WHICH ESCHEW A
I THE EVIDENCE ESTABLISHING APPELLANT FINDING OF GUILT UNLESS ESTABLISHED BEYOND
WEBB'S ABSENCE FROM PHILIPPINE TERRITORY BETWEEN REASONABLE DOUBT AND ORDAIN THE RESOLUTION OF
9 MARCH 1991 AND 27 OCTOBER 1992 ENGENDERS A ALL DOUBTS IN FAVOR OF THE ACCUSED, THE COURT OF
REASONABLE DOUBT AND PRECLUDES AN ABIDING APPEALS MANIFESTLY ERRED IN AFFIRMING THE
Evidence CASES: I. GENERAL PRINCIPLES Page 40 of 54
CONVICTION OF APPELLANT WEBB WHEN THE DEFENSE the prosecution or the courts. Thus, the length of time which [2] that Ventura climbed on the hood of the Nissan Sentra car
OF ALIBI HE ESTABLISHED BY OVERWHELMING EVIDENCE took Alfaro to come forward and testify in this case is most and loosened the light bulb to turn it off was confirmed by the
IS SUFFICIENT TO ENGENDER REASONABLE DOUBT AS TO conspicuous. Her delay of four (4) years in reporting the testimony of Birrer and appellant Biong that they found a shoe
HIS GUILT OF THE OFFENSE CHARGED. THE SCALES crime has to be taken against her, particularly with the story print on the hood of the car parked inside the garage of the
OUGHT TO HAVE BEEN TILTED IN HIS, AND NOT THE behind it. She volunteered to come forward only after the Vizconde house; even defense witnesses Dennis Almogino
PROSECUTIONS, FAVOR.108 arrests of previous accused did not lead anywhere. (neighbor of the Vizcondes) and SPO2 Reynaldo Carbonnel
Moreover, it is clear that she adopted the version previously declared that the garage was totally without light; [3] that a
Appellant Gatchalian reiterates the arguments he had raised
advanced by an "akyat-bahay" gang, as noted by Justice ladys bag was on top of the dining table in the kitchen was
in his appeal brief and motion for reconsideration filed before
Dacudao in his dissenting opinion. Gatchalian thus contends likewise confirmed by Birrer and Biong; [4] that a loud static
the CA, as follows:
that the delay occurred even before a preliminary sound coming from the TV set inside the masters bedroom
I THE TRIAL COURT GRAVELY ERRED IN GIVING investigation was conducted and cites cases upholding the which led Alfaro to the said room, matched with the
CREDENCE TO THE INCREDIBLE TESTIMONY OF right of accused persons to a speedy trial where there was observations of the Vizconde housemaids, Birrer and Biong
SUPPOSED EYEWITNESS JESSICA ALFARO AND delay in the preliminary investigation.110 that when they went inside the Vizconde house in the morning
CORROBORATING WITNESSES NORMAL WHITE AND of June 30, 1991, the TV set inside the masters bedroom was
Totality of Evidence Established the Guilt of Appelants
JUSTO CABANACAN. still turned on with a loud sound; [5] the positioning of the
Beyond Reasonable Doubt
dead bodies of Carmela, Estrellita and Jennifer and their
II THE TRIAL COURT GRAVELY ERRED IN FINDING
Appellants assail the lower courts in giving full faith and physical appearance or condition (hogtied, gagged and
THAT THE PROSECUTION HAS PROVED THE CONSPIRACY
credence to the testimonies of the prosecution witnesses, bloodied) was correctly described by Alfaro, consistent with
BEYOND REASONABLE DOUBT AND IN CONVICTING
particularly Jessica Alfaro despite inconsistencies and the declarations of White, Jr., Birrer and Biong who were
HEREIN ACCUSED-APPELLANT BASED ON SUCH
contradictions in her two (2) affidavits, and the alleged "piece among those who first saw the bodies in the morning of June
CONSPIRACY.
by piece discarding" of their voluminous documentary 30, 1991; [6] that Carmela was raped by Webb and how the
III THE PROCEEDING BELOW WAS ATTENDED BY exhibits and testimonies of no less than ninety-five (95) three (3) women were killed as Alfaro learned from the
IRREGULARITIES SHOWING PARTIALITY ON THE PART OF witnesses. They contend that the totality of evidence conversation of the appellants at the BF Executive Village
THE TRIAL JUDGE IN VIOLATION OF HEREIN ACCUSED- engenders a reasonable doubt entitling them to acquittal house, was consistent with the findings of Dr. Cabanayan who
APPELLANTS RIGHT TO DUE PROCESS. from the grave charge of rape with homicide. conducted the autopsy and post-mortem examination of the
cadavers in the morning of June 30, 1991 showing that the
IV THE TRIAL COURT GRAVELY ERRED IN NOT After a thorough and conscientious review of the records, I victims died of multiple stab wounds, the specimen taken
ACQUITTING HEREIN ACCUSED-APPELLANT. firmly believe that the CA correctly upheld the conviction of
from Carmelas vaginal canal tested positive for spermatozoa
appellants.
xxxx and the approximate time of death based on the onset of rigor
Credibility of Prosecution Witnesses mortis, which would place it between midnight and 2:00
I BY ALL STANDARDS OF FAIRNESS AND JUSTICE, oclock in the morning of June 30, 1991; [7] that Webb, just
THE TESTIMONY OF JESSICA ALFARO CANNOT BE The determination of the competence and credibility of a before going out of the gate of the Vizconde house, threw a
JUDICIALLY RECOGNIZED. witness rests primarily with the trial court, because it has the stone which broke the glass frame of the main door, jibed with
unique position of observing the witness deportment on the the testimony of Birrer who likewise saw a stone near the
II THE CRIMINAL CONNECTION OF MICHAEL
stand while testifying.111 It is a fundamental rule that findings broken glass panel at the living room of the Vizconde house,
GATCHALIAN TO THE GRUESOME VIZCONDE MURDERS
of the trial courts which are factual in nature and which and Biong himself testified that he even demonstrated to
HAS NOT EVEN BEEN REMOTELY SHOWN TO SERVE AS A
involve credibility are accorded respect when no glaring Capt. Bartolome and the housemaids the loud sound by again
BASIS FOR CONVICTION.
errors, gross misapprehensions of facts and speculative, hitting the glass of the main door;114 and [8] that after Webb
III IN THE REQUIRED JUDICIAL EVALUATION arbitrary and unsupported conclusions can be gathered from made a call on his cellular phone, Biong arrived at around
PROCESS, THE ENVIRONMENTAL CIRCUMSTANCES IN THE such findings.112 When the trial courts findings have been 2:00 oclock in the morning of June 30, 1991 at the BF
RECORD OF THIS CASE POINT UNERRINGLY TO THE affirmed by the appellate court, said findings are generally Executive Village house where she and appellants retreated,
INNOCENCE OF MICHAEL GATCHALIAN. conclusive and binding upon this Court.113 was consistent with the testimony of Birrer that Biong left the
IV THE RULES ON EVIDENCE ON BURDEN OF PROOF Reexamining the testimony of Alfaro, who underwent "mahjong" session to answer a telephone call between 1:00
AND OF THE STANDING PRESUMPTIONS IN LAW HAVE exhaustive and intense cross-examination by eight (8) to 2:00 oclock in the morning of June 30, 1991 and thereafter
BEEN GROSSLY VIOLATED. defense lawyers, it is to be noted that she revealed such Birrer asked where he was going, to which Biong replied "BF"
details and observations which only a person who was and shortly thereafter a taxicab with a man at the backseat
V MICHAEL GATCHALIAN RESPECTFULLY INVOKES actually with the perpetrators could have known. More fetched Biong.
HIS CONSTITUTIONAL RIGHT TO DUE PROCESS ON THE importantly, her testimony was corroborated on its material
GROUNDS OF BIAS AND PREJUDICE, AND FOR ALL THAT IT points by the declarations of other prosecution witnesses, to Indeed, Alfaro could not have divulged the foregoing details
IS WORTH, HIS CONSTITUTIONAL RIGHT TO A SPEEDY wit: [1] that their convoy of three (3) vehicles repeatedly of the crime if she did not really join the group of Webb in
TRIAL AND A SPEEDY DISPOSITION OF HIS CASE.109 going to the Vizconde residence and witness what happened
entered the Pitong Daan Subdivision on the night of June 29, during the time Webb, Lejano and Ventura were inside the
Additionally, Gatchalian assails the denial by the trial court of 1991 was confirmed by the security guard on duty, Normal house and when the group retreated to BF Executive Village.
his motion (and also appellant Webbs) for DNA testing White, Jr., who also testified that he had seen Gatchalian and Contrary to appellants contention, Alfaros detailed
despite a certification from the NBI that the specimen semen his group standing at the vicinity of the Almogino residence testimony appears clear and convincing, thus giving the
remained intact, which Justice Tagle in his dissenting opinion located near the end of Vinzons St., which is consistent with Court the impression that she was sincere and credible. She
also found as unjust. He further argues that the right to a Alfaros testimony that on their first trip to the subdivision she even opened her personal life to public scrutiny by admitting
speedy trial is violated even if the delay was not caused by the parked her car infront of the Vizconde house while appellants that she was addicted to shabu for sometime and that was
prosecution but by events that are not within the control of parked their respective cars near the dead end of Vinzons St.;

Evidence CASES: I. GENERAL PRINCIPLES Page 41 of 54

how she came to meet Webbs group and got entangled in the
plot to gang-rape Carmela. Her being a former drug user in
no way taints her credibility as a witness. The fact that a
witness is a person of unchaste character or even a drug
dependent does not per se affect her credibility.115
Alfaros ability to recollect events that occurred four (4) years
ago with her mental condition that night of June 29, 1991
when she admittedly took shabu three (3) times and even
sniffed cocaine, was likewise questioned by the appellants.
When the question was posed to Alfaro on cross-examination,
she positively stated that while indeed she had taken shabu at
that time, her perception of persons and events around her
was not diminished. Her faculties unimpaired by the drugs
she had taken that night, Alfaro was able to vividly recall what
transpired the whole time she was with appellants. Alfaro
testified that even if she was then a regular shabu user, she
had not reached that point of being paranoid ("praning"). It
was the first time Alfaro sniffed cocaine and she described its
initial effect as being "stoned," but lasting only five (5) to
seven (7) minutes. However, she did not fall asleep
since shabu and "coke" are not downers.
Alfaro further explained her indifference and apathy in not
dissuading Webb and her group from carrying out their evil
plan against Carmela as due to the numbing effect of drugs,
which also enabled her to dislodge from her mind the
harrowing images of the killings for quite sometime.
Eventually, the chance to redeem herself came when she was
invited to a Christian fellowship, and with her childs future in
mind, her desire to transform her life grew stronger. As she
cast off her addiction to drugs, its desensitizing effect began
to wear off and her conscience bothered her no end. Under
such circumstances, the delay of four (4) years in admitting
her involvement in the Vizconde killings cannot be taken
against Alfaro. In fact, she had to muster enough courage to
finally come out in the open considering that during her last
encounter with appellants at a discotheque in 1995, she was
threatened by appellant Rodriguez that if she will not keep her
mouth shut, she will be killed. He even offered her a plane
ticket for her to go abroad. Coming from wealthy and
influential families, and capable of barbaric acts she had
already seen, appellants instilled such fear in Alfaro that her
reluctance to report to the authorities was perfectly
understandable.
I find that the circumstances of habitual drug use and delay in
reporting a crime did not affect the competence and
credibility of prosecution witness Alfaro. It bears stressing
that the fact of delay alone does not work against the
witnesses. Delay or vacillation in making a criminal
accusation does not necessarily impair the credibility of the
witness if such delay is satisfactorily explained.116
Besides, appellants failed to adduce any evidence to
establish any improper motive that may have impelled Alfaro
to falsely testify against them, other than their allegation that
she regularly associated with NBI agents as one (1) of their
informants. The absence of evidence of improper motive on
the part of the said witness for the prosecution strongly tends
to sustain the conclusion that no such improper motive exists
and that her testimony is worthy of full faith and
credit.117 Neither had appellants established any ill-motive on
the part of the other prosecution witnesses.
Inconsistencies and Discrepancies in Alfaros April 28, 1995
and May 22, 1995 Affidavits
Appellants, from the start of preliminary investigation, have
repeatedly harped on the discrepancies and inconsistencies
in Alfaros first and second affidavits. However, this Court has
repeatedly ruled that whenever there is inconsistency
between the affidavit and the testimony of a witness in court,
the testimony commands greater weight.118 With greater
relevance should this rule apply in situations when a
subsequent affidavit of the prosecution witness is intended to
amplify and correct inconsistencies with the first affidavit, the
discrepancies having been adequately explained. We held
in People v. Sanchez119
...we advert to that all-too familiar rule that discrepancies
between sworn statements and testimonies made at the
witness stand do not necessarily discredit the witnesses.
Sworn statements/affidavits are generally subordinated in
importance to open court declarations because the former
are often executed when an affiants mental faculties are not
in such a state as to afford him a fair opportunity of narrating
in full the incident which has transpired. Testimonies given
during trials are much more exact and elaborate. Thus,
testimonial evidence carries more weight than sworn
statements/affidavits.120
Alfaro explained the circumstances surrounding her
execution of the first Affidavit dated April 28, 1995 which was
done without the presence of a lawyer and at the house of
agent Mario Garcia where she was brought by Atty.
Sacaguing and Moises Tamayo, another agent of task force
Anti-Kidnapping, Hijack and Robbery (AKHAR). The unusual
questioning of these men gave her the impression that she
was merely being used to boost their career promotion and
her distrust was even heightened when they absolutely failed
to provide her security. She was aghast upon discovering the
completed affidavit which falsely stated that it was made in
the presence of her lawyer of choice (Atty. Mercader who was
not actually present). Agent Tamayo also incorporated
inaccurate or erroneous information indicating that she was
a college graduate even if she tried to correct him. Tamayo
simply told her to just let it remain in the statement as it would
not be noticed anyway.121 Moreover, on account of her urgent
concern for her own security and fear of implicating herself
in the case, Alfaro admitted down playing her own
participation in her narration (including the circumstance
that she had previously met Carmela before the incident) and
those of her ex-boyfriend Estrada and her relative,
Gatchalian.
Prosecution Evidence Sufficient to Convict Appellants
This Court has consistently held that the rule on the trial
courts appreciation of evidence must bow to the superior
rule that the prosecution must prove the guilt of the accused
Evidence CASES: I. GENERAL PRINCIPLES
beyond reasonable doubt. The law presumes an accused
innocent, and this presumption must prevail unless
overturned by competent and credible proof.122Thus, we are
tasked to consider two crucial points in sustaining a judgment
of conviction: first, the identification of the accused as
perpetrator of the crime, taking into account the credibility of
the prosecution witness who made the identification as well
as the prosecutions compliance with legal and constitutional
standards; and second, all the elements constituting the
crime were duly proven by the prosecution to be present.123
There appears to be no question about the fact that a horrible
and most unfortunate crime has been committed. It is, in this
case, indeed a given fact, but next to it is the pivotal issue of
whether or not the prosecution has been able to discharge its
equal burden in substantiating the identities of accused-
appellants as the perpetrators of the crime. As well said
often, conviction must rest on the strength of the
prosecutions case and not on the weakness of the defense.
Positive Identification of Accused-Appellants
Eyewitness identification constitutes vital evidence and, in
most cases, decisive of the success or failure of the
prosecution.124 Both the RTC and CA found the eyewitness
testimony of Alfaro credible and competent proof that
appellants Webb, Lejano, Gatchalian, Fernandez, Rodriguez
and Estrada were at the scene of the crime and that Webb
raped Carmela as the bloodied bodies of her mother and
sister lay on top of the bed inside the masters bedroom, and
right beside it stood Lejano while Ventura was preparing for
their escape. At another house in BF Executive Village where
the group retreated after leaving the Vizconde house, Alfaro
witnessed the blaming session, particularly between Ventura
and Webb, and thereupon learned from their conversation
that Carmelas mother and sister were stabbed to death
before she herself was killed. Alfaro likewise positively
identified appellant Biong, whom somebody from the group
described as the driver and bodyguard of the Webb family, as
the person ordered by Webb to "clean the Vizconde house."
The testimony of Alfaro on its material points was
corroborated by Birrer, Dr. Cabanayan, White, Jr.,
Cabanacan and Gaviola. Appellants presence at the scene of
the crime before, during and after its commission was duly
established. Their respective participation, acts and
declarations were likewise detailed by Alfaro who was shown
to be a credible witness. It is axiomatic that a witness who
testifies in a categorical, straightforward, spontaneous and
frank manner and remains consistent on cross-examination
is a credible witness.125
A criminal case rises or falls on the strength of the
prosecutions case, not on the weakness of the defense.
Once the prosecution overcomes the presumption of
innocence by proving the elements of the crime and the
identity of the accused as perpetrator beyond reasonable
doubt, the burden of evidence then shifts to the defense
which shall then test the strength of the prosecutions case
either by showing that no crime was in fact committed or that
Page 42 of 54
the accused could not have committed or did not commit the reconsideration of accused Larraaga, we held that accused Granting for the sake of argument that the claim of departure
imputed crime, or at the very least, by casting doubt on the Larraaga failed to establish his defense of alibi, which is for the United States of the accused Webb on March 9, 1991
guilt of the accused.126 futile in the face of positive identification: and his arrival in the Philippines on October 26, 1992 had
been duly established by the defense, it cannot prove that he
Appellants Alibi and Denial This case presents to us a balance scale whereby perched on
remained in the United States during the intervening
one end is appellants alibi supported by witnesses who were
We have held in a number of cases that alibi is an inherently period. During the long span of time between March, 1991 to
either their relatives, friends or classmates, while on the
weak and unreliable defense, for it is easy to fabricate and October, 1992, it was not physically impossible for the
other end is the positive identification of the herein appellants
difficult to disprove.127 To establish alibi, the accused must accused Webb to have returned to the Philippines, perpetrate
by the prosecution witnesses who were not, in any way,
prove (a) that he was present at another place at the time of the criminal act, and travel back to the United States.
related to the victims. With the above jurisprudence as guide,
the perpetration of the crime, and (b) that it was physically
we are certain that the balance must tilt in favor of the latter. It must be noted that the accused Webb is a scion of a rich,
impossible for him to be at the scene of the crime. Physical
influential, and politically powerful family with the financial
impossibility "refers to the distance between the place where Besides, a thorough examination of the evidence for the
capacity to travel back and forth from the Philippines to the
the accused was when the crime transpired and the place prosecution shows that the appellants failed to meet the
United States. He could very well afford the price of a plane
where it was committed, as well as the facility of access requirements of alibi, i.e., the requirements of time and place.
ticket to free him from all sorts of trouble. Since there are
between the two places." Due to its doubtful They failed to establish by clear and convincing evidence that
128
numerous airlines plying the route from Manila to the United
nature, alibi must be supported by clear and convincing it was physically impossible for them to be at the Ayala
States, it cannot be said that there was lack of available
proof. 129
Center, Cebu City when the Chiong sisters were abducted.
means to transport. Moreover, the lapse of more than three
What is clear from the evidence is that Rowen, Josman, Ariel,
"Alibi, the plea of having been elsewhere than at the scene of (3) months from the time the accused Webb left the
Alberto, James Anthony and James Andrew were all within
the crime at the time of the commission of the felony, is a Philippines for the United States on March 9, 1991 to June 29
the vicinity of Cebu City on July 16, 1997.
plausible excuse for the accused. Let there be no mistake and 30, 1991 when the crime was committed is more than
about it. Contrary to the common notion, alibi is in fact a good Not even Larraaga who claimed to be in Quezon City enough time for the accused Webb to have made several trips
defense. But, to be valid for purposes of exoneration from a satisfied the required proof of physical impossibility. During from the United States to the Philippines and back. The Court
criminal charge, the defense of alibi must be such that it the hearing, it was shown that it takes only one (1) hour to takes judicial notice of the fact that it only requires the short
would have been physically impossible for the person travel by plane from Manila to Cebu and that there are four (4) period of approximately eighteen (18) hours to reach the
charged with the crime to be at the locus criminis at the time airline companies plying the route. One of the defense Philippines from the United States, with the advent of modern
of its commission, the reason being that no person can be in witnesses admitted that there are several flights from Manila travel.
two places at the same time. The excuse must be so airtight to Cebu each morning, afternoon and evening. Indeed,
It must likewise be noted that the father of the accused Webb,
that it would admit of no exception. Where there is the least Larraagas presence in Cebu City on July 16, 1997 was
besides being rich and influential, was at that time in 1991,
possibility of accuseds presence at the crime scene, the alibi proved to be not only a possibility but a reality. Four (4)
the Congressman of Paraaque and later became a Senator
will not hold water. [emphasis supplied.]
130
witnesses identified Larraaga as one of the two men talking
of the Republic of the Philippines. Thus, the Webb money and
to Marijoy and Jacqueline on the night of July 16, 1997. Shiela
The claim of appellant Webb that he could not have connections were at the disposal of the accused Webb, and it
Singson testified that on July 16, 1997, at around 7:20 in the
committed the crime because he left for the United States on is worthy of belief that the accused Webb could have
evening, she saw Larraaga approach Marijoy and
March 9, 1991 and returned to the Philippines only on October departed and entered the country without any traces
Jacqueline at the West Entry of Ayala Center. The incident
26, 1992 was correctly rejected by the RTC and CA. These whatsoever of his having done so. In fact, defense witness
reminded her of Jacquelines prior story that he was Marijoys
dates are so distant from the time of the commission of the Andrea Domingo, former Commissioner of the Bureau of
admirer. Shiela confirmed that she knows Larraaga since
crime, June 29, 1991 and June 30, 1991, and it would not have Immigration and Deportation testified on the practice of
she had seen him on five (5) occasions. Analie Konahap also
been impossible during the interregnum for Webb to travel "human smuggling" at the Ninoy Aquino International Airport.
testified that on the same evening of July 16, 1997, at about
back to the country and again fly to the US several times
8:00 oclock, she saw Marijoy and Jacqueline talking to two On this point, the Supreme Court has declared in a case that
considering that the travel time on board an airline from the
(2) men at the West Entry of Ayala Center. She recognized the even the lapse of the short period of one (1) week was
Philippines to San Francisco, and from San Francisco to the
two (2) men as Larraaga and Josman, having seen them sufficient for an accused to go to one place, to go to another
Philippines takes only about twelve (12) to fourteen (14)
several times at Glicos, a game zone, located across her place to commit a crime, and then return to his point of origin.
hours. Given the financial resources and political influence of
office at the third level of Ayala Center. Williard Redobles, the The principal factor considered by the Supreme Court in
his family, it was not unlikely that Webb could have traveled
security guard then assigned at Ayala Center, corroborated denying the defense of alibi in People vs. Jamero (24 SCRA
back to the Philippines before June 29-30, 1991 and then
the foregoing testimonies of Shiela and Analie. In addition, 206) was the availability to the accused of the means by
departed for the US again, and returning to the Philippines in
Rosendo Rio, a businessman from Cogon, Carcar, declared which to commit a crime elsewhere and then return to his
October 1992. There clearly exists, therefore,
that he saw Larraaga at Tan-awan at about 3:30 in the refuge. x x x133 [emphasis supplied]
such possibility of Webbs presence at the scene of the crime
morning of July 17, 1997. The latter was leaning against the
at the time of its commission, and his excuse cannot be There is likewise no merit in appellant Webbs contention that
hood of a white van. And over and above all, Rusia
deemed airtight. the CA misappreciated his voluminous documentary
categorically identified Larraaga as one of the participes
evidence and numerous witnesses who testified on his stay in
This Court in People v. Larraaga had similarly rejected
131 criminis. 132 [emphasis supplied]
the US. The CA, after a meticulous and painstaking
the defense of alibi of an accused, involving a shorter travel
In the light of relevant precedents, I find no reversible error reevaluation of Webbs documentary and testimonial
distance (Quezon City to Cebu) and even shorter period of
committed by the RTC in refusing to give credence to evidence, sustained the RTCs conclusion that these pieces
time showing the least possibility of an accuseds presence
appellant Webbs argument that he could not have committed of evidence were either inadmissible, incompetent or
at the time of the commission of the crime (a matter of hours)
the crime of rape with homicide because he was still in the US irrelevant. I quote with approval the CAs findings which are
than in the case at bar (March 9, 1991 to June 29, 1991 which
on June 29 and 30, 1991. The RTC thus correctly ruled: well-supported by the evidence on record:
is three [3] months). In denying the motion for

Evidence CASES: I. GENERAL PRINCIPLES Page 43 of 54

(a) U.S. INS Certifications xxxx appear in this footage. None of the people shown in the film
was identified as the accused-appellant Webb. Moreover, the
xxxx (b) Passenger Manifest of United Airlines Flight
records disclose that just before the segment of the film that
The Court seriously doubts that evidentiary weight could be The purported passenger manifest for the United Airlines showed Senator Webb, there was a gap or portion of static
ascribed to the August 31, 1995 and October 13, 1995 flight that allegedly conveyed accused-appellant Webb for that appeared which did not appear in any other portion of the
Certifications of the U.S. INS and computer print-out of the the United States, was not identified by the United Airlines footage. We find that this supports the conclusion that the
Nonimmigrant Information System (NIIS) which allegedly personnel who actually prepared and completed the videotape was possibly tampered as an additional support to
established Webbs entry to and exit from the United States. same. Instead, the defense presented Dulcisimo Daluz, the the alibi of accused-appellant that he was in the United
This is due to the fallibility demonstrated by the US INS with supervisor of customer services of United Airlines in Manila, States.
regard to the certifications which the said office issued who had no hand in the actual preparation or safekeeping of
xxxx
regarding the basic information under its direct control and the said passenger manifest. It must be stressed that to
custody. satisfactorily prove the due execution of a private document, (f) Video footage at Lake Tahoe and the del Toro-Manlapit
the testimony of the witness with regard to the execution of Wedding
It is to be remembered that as part of his evidence, Webb
the said document must be positive. Such being the case, his
presented the explanation of one Steven P. Bucher, Acting ...the video footage showing accused-appellant Webb
testimony thereto is at most hearsay and therefore not worthy
Chief of Records Services Branch of the U.S. INS, who seemingly on holiday at Lake Tahoe with the Wheelocks, to
of any credit.
admitted that the U.S. INS had previously reported on August our mind does not disprove that Webb was in the country at
10, 1995, erroneously, that it had no record of the arrival and Likewise, we note that the said passenger manifest produced the time of the Vizconde killing. Firstly, the date being shown
departure of Webb to and from the United States. The said in court is a mere photocopy and the same did not comply intermittently in the footage was not the same or near the date
office later on admitted that it failed to exhaustively study all with the strict procedural requirement of the airline of the Vizconde killing. As we have earlier stated, we do not
information available to it. We are not convinced with this company, that is, all the checking agents who were on duty discount the possibility that Webb was in the Philippines
explanation. It is to be noted that the U.S. INS is an agency on March 9, 1991 must sign or initial the passenger during the time he was supposed to have been in the United
well known for its stringent criteria and rigid procedure in manifest. This further lessens the credibility of the said States, especially, when there are eyewitnesses who testified
handling documents relating to ones travel into and out of its document. to the effect that Webb was in the Philippines only a couple of
territory. Such being the case, it would therefore be hard to weeks before the killing and who also testified of Webbs
(c) United Airline Ticket
imagine that the said agency would issue a certification that participation in the crime. In any case, we take judicial notice
it had no record of a persons entry into and exit from the ...the alleged United Airline ticket of accused-appellant Webb that modern electronic and photographic advances could
United States without first conducting an efficient verification offered in evidence is a mere photocopy of an alleged offer a means to splice or modify recorded images to
of its records. original, which was never presented below. Other than the configure to a desired impression, including the insertion or
submission that the original could no longer be produced in annotation of numeric figures on a recorded image.
We do not also believe that a second search could give rise to
evidence, there is no other proof that there ever was an
a different conclusion, considering that there is no showing Likewise, the videotape and photographs taken on Alex del
original airline ticket in the name of Webb. This does not
that the records searched were different from those viewed Toros wedding also fail to convince, as this was allegedly
satisfy the requirements set forth under Section 5 of Rule 130.
in the first search. The later certifications issued by the U.S. taken on October 10, 1992 well after the fateful days of June
x x x we find that the photocopy presented in evidence has
INS modifying its first certification and which was issued only 29 and 30, 1991.
little if no probative value. Even assuming there was such an
a few weeks earlier, come across as a strained effort by Webb
original ticket in existence, the same is hardly of any weight, (g) Photograph of Webb and Christopher Esguerra before the
at establishing his presence in the United States in order to
in the absence of clear proof that the same was indeed used Dee Lite Concert
reinforce his flimsy alibi.
by accused-appellant Webb to go to the United States.
The photograph of accused-appellant Webb with Esguerra
It is not amiss to note that a reading of the first Certificate of
(d) Philippine passport allegedly taken in late April 1991 before they went to a band
Non-existence of Record (Exhibit "212-D") subscribed by
concert has little probative value. It must be pointed out
Debora A. Farmer of the U.S. INS would show that the U.S. The passport of accused-appellant Webb produced in
that the image in the picture itself does not depict the date or
INS had made a "diligent" search, and found no record of evidence, and the inscriptions appearing thereon, also offer
place it was taken, or of any Dee Lite concert allegedly
admission into the United States of Webb. The search little support of Webbs alibi. Be it noted that what appears on
attended by Webb. Likewise, we observed that the
allegedly included an inquiry into the automated and non- record is only the photocopy of the pages of Webbs
photograph appears to have been trimmed down from a
automated records systems of the U.S. INS. Be it also noted passport. The Court therefore can only rely on the
bigger size, possibly to remove the date printed therein. It is
that the basis of the U.S. INS second certification (Exhibit appreciation of the trial court as regards the authenticity of
also to be noted that Esguerra admitted that the inscription
"218") was a printout coming also from automated the passport and the marks appearing thereon, as it is the
appearing at the back of the photograph of, "Hubert and I
information systems. trial court that had the exclusive opportunity to view at first
before the Dee Lite Concert, April 1991" was only written by
hand the original of the document, and determine for itself
As pointed out by the Office of the Solicitor General in its him in 1995, after it was given to him by accused-appellants
whether the same is entitled to any weight in evidence.
appeal brief, "how it became possible for the U.S. INS mother, Elizabeth, before he took the witness stand. The
Archives in Washington, which is supposed to merely (e) Video footage of accused-appellant Webbs parents in Court cannot therefore but cast suspicion as to its
download and copy the information given by the San Disneyland and Yosemite Park. authenticity.
Francisco INS, to have an entry on accused-appellant Webb
The video footage serendipitously taken by Victor Yap (h) Webbs Drivers License
when the said port of entry had no such record was never
allegedly of Senator Webb and his family while on vacation at
sufficiently addressed by the defense." We agree with the trial court's observation that the Drivers
Disneyland in Anaheim, California on July 3, 1991 does little
License allegedly obtained by accused-appellant from the
It is with this view that the Court recognizes little if not nil to support the alibi of accused-appellant Webb for it is quite
California Department of Motor Vehicle sometime in the first
probative value in the second certification of the U.S. INS. interesting to note that nowhere did accused-appellant Webb
week of June 1991 is unworthy of credit, because of the

Evidence CASES: I. GENERAL PRINCIPLES Page 44 of 54

inconsistencies in Webbs testimony as to how he obtained the best car to buy, and not just to purchase the first car he that the Vizconde killings occurred which conveniently
the same. In one testimony, Webb claimed he did not make an sees. supplied a basis for his defense of alibi.
application but just walked in the licensing office and he did
Moreover, as aptly observed by the trial court, though it was Moreover, from the contents of the letters, we can deduce
not submit any photograph relative to his application. In a
made clear that the purpose of purchasing the said bicycle that there was some sort of romantic relationship with the
later testimony, he claimed that he submitted an ID picture for
and car was for accused-appellants convenience in going to accused-appellant Webb and Cabrera. In fact, Webb in his
his drivers license, and that the picture appearing on his
and from his work -- we find, that this contradicts the other letters referred to Cabrera as his "sweetheart" and
drivers license was the very same picture he submitted
evidence presented by accused-appellant because it "dearest", and confessed to her that all he thinks about was
together with his application for the drivers license. These
appears from his evidence that other than his brief stint in del her, and he was hoping he would dream of her at night. It is
are two inconsistent testimonies on the same subject matter,
Toros pest control company business and his employment as not improbable, therefore, that Cabrera could have
which render the said drivers license and the alleged date
a gasoline station attendant which incidentally was not prevaricated herself to save her friend.
when the same was obtained, unworthy of credit.
sufficiently proven, all that accused-appellant did in the
In sum, accused-appellant tried vainly to establish his
(i) Logbook of Alex del Toro and Check Payments of Webbs United States was to go sightseeing, shopping and meet with
defense of alibi with the presentation of not only a substantial
salary family and friends.
volume of documentary evidence but also testimonies of an
The employment records of accused-appellant, which Lastly, the fact that the car and the bicycle were allegedly overwhelming number of witnesses which were comprised
include the alleged logbook of del Toro in his pest control purchased in close proximity to the date of the rape and mostly of relatives and family friends who obviously wanted
business, and check payments to Webb were also offered to killing of the Vizconde women does little to dissuade the him to be exonerated of the crime charged. It is for this reason
support the latters alleged presence in the United States on perception that the car and bicycle were purchased only for that we regard their testimonies with an eye of suspicion for
the dates near the day of the Vizconde killings. A review of the the purpose of providing a plausible defense of alibi for it is but natural, although morally unfair, for a close relative or
logbook shows that the same is unworthy of any evidentiary Webb. friend to give weight to blood ties and close relationship in
weight. The entries where the accused Webb were indicated times of dire needs especially when a criminal case is
(k) Letters to Jennifer Claire Cabrera
to have performed work for del Toro, showed that the name involved.134 [emphasis supplied]
of Webb ("Hubie"/"U.B.") was merely superimposed on the Cabrera, a friend and neighbor of accused-appellant in BF
The rule is well-entrenched in this jurisdiction that in
actual entries and could have been easily fabricated to Homes, Paraaque, produced four (4) letters allegedly
determining the value and credibility of evidence, witnesses
create the impression that Webb had some participation in written and sent to her by Webb while he was in the United
are to be weighed, not numbered. The testimony of only one
the business of del Toro, and therefore, are not reliable States, in order to support the accused-
witness, if credible and positive, is sufficient to convict.135 As
proofs of Webbs presence and occupation in the United appellants alibi. These were allegedly the only letters sent by
to appellant Webbs voluminous documentary evidence, both
States around the time of the Vizconde killing. Webb to her.
the RTC and CA judiciously examined each exhibit and
The alleged check payments of Webbs salary are also The letters were allegedly written and posted at around the concluded that these do not pass the test of admissibility and
unreliable. The check dated June 13, 1991 was made payable same time the Vizconde rape and killing happened, such that, materiality insofar as proving the physical impossibility of his
to "Cash", while the other check which appeared to be if the letters were to be duly considered, they would place presence at the Vizconde residence on June 29, 1991 until
payable to "Hubert Webb" was however dated only July 10, Webb in the United States at the same time the June 30, 1991 the early morning of June 30, 1991.
1991. Neither of the said checks squarely placed accused- killings occurred; thus, bolstering Webbs defense of alibi.
Appellant Webb cites the opposite view taken by Justices
appellant Webb in the United States at the time of the
However, the said letters, to our mind, are not convincing Tagle and Dacudao in their dissenting opinions and urges this
Vizconde killings. Simply put, neither check is therefore clear
proof of alibi, inasmuch said letters were produced only in Court to accord the US INS certification and other documents
proof to support Webbs alibi.
1995 at the time she gave a statement, and the same time relative to his arrival and departure in the US on the dates
(j) Bicycle/Sportscar Webb was charged. However, Cabrera admitted that she March 9, 1991 and October 26, 1992, respectively, the
knew Webb was being involved or accused in the Vizconde presumption of regularity being official documents issued by
The Toyota MR2 sportscar and Cannondale bicycle allegedly
killings as early as 1991 and that she was shocked upon US authorities. Justices Tagle and Dacudao concurred in
purchased by accused-appellant Webb and his father in the
learning that he was being implicated therein. stating that the conclusion of their three (3) colleagues
United States appear to have been purchased with great
(majority) that the US INS certifications did not exclude the
haste, and under suspicious circumstances. The Court finds it incredible that despite being shocked in
possibility of Webb traveling back to the Philippines and again
1991, about the involvement of her friend, accused-appellant
Consider that immediately after the accused-appellants departing for the US between March 9, 1991 and October 26,
in the Vizconde rape-slay, Cabrera would wait until 1995 to
father, former Senator Freddie Webb, arrived in the United 1992 -- is nothing but speculation and conjecture. Webb
"produce" the letters that could have cleared her friends
States, the first thing he did was go out with his friend further mentions that since a Justice of this Court "confirmed
name. An interregnum of four years before coming out with
Honesto Aragon and accused-appellant to look for a bicycle appellant Webbs alibi of being in the United States on 29
valuable proof in support of a friend is to our mind, a telling
and a car to be used by the latter in going to and from work. June 1991[,] [a]t the very least, such exculpatory testimony
factor on the credibility of the alleged letters.
The car was bought sometime in early July 1991 and the coupled with the plethora of appellant Webbs other
bicycle sometime on June 30, 1991. It is a wonder to this Also, the impression that may be inferred from reading the documentary and testimonial evidence on his presence in the
Court that the accused-appellant and his father would buy a letters was one of a man who was pining away for his United States on 29 June 1991 raises reasonable doubt as to
bicycle and a sportscar at practically the same time to ladylove. Webb was quite expressive with his feelings when appellant Webbs guilt of the crime charged."136
provide the accused-appellant transportation to his work. he wrote that he missed Cabrera, "a lot," yet after only four
I find the contentions bereft of merit.
Would not just a car or a bicycle do for him? Also, the hurried letters that was conveniently written sometime in June 1991,
purchase of the car right after the arrival of Freddie Webb he thereafter stopped writing letters to Cabrera as if the In the first place, let it be emphasized that Justice Carpios
appears at the very least, suspicious, as a prospective car- whole matter was already forgotten. It is highly suspicious testimony before the trial court confirmed merely the fact that
buyer would understandably want to make a canvas first for therefore that the only letters of accused-appellant Webb to his conversation with then Congressman Webb took place on
Cabrera were written and sent at the exact opportune time June 29, 1991 and what the latter relayed to him about his

Evidence CASES: I. GENERAL PRINCIPLES Page 45 of 54

location at the time such telephone call was made, who was
with him in the US (his wife and appellant Webb) and the
purpose of their US trip (to find a job for appellant Webb). Said
witness even admitted that he had no personal knowledge
that appellant Webb was in fact in the United States at the
time of his telephone conversation with Congressman
Webb.137
As to the travel documents consisting of his US passport, US
INS certifications and other evidence presented by appellant
Webb in support of his alibi, while it is true that such
presentation of passport, plane ticket and other travel
documents can serve as proof that he was indeed out of the
country at the time of the Vizconde killings,138it must still be
shown that the evidence is clear and convincing, and the
totality of such evidence constitutes an airtight excuse as to
exclude the least possibility of his presence at the crime
scene. However, appellant Webb failed in this regard and the
RTC and CA did not err in giving scant weight to his arsenal
of evidence, particularly so on the strength of the positive
identification of appellant Webb as Carmelas rapist and one
of those who actually took part in the brutal killing of Carmela,
her mother and sister between midnight of June 29, 1991 and
early morning of June 30, 1991.
Indeed, alibi cannot be sustained where it is not only
without credible corroboration, but also where it does not, on
its face, demonstrate the physical impossibility of the
accuseds presence at the place and time of the commission
of the crime.139 Against positive evidence, alibi becomes
most unsatisfactory. Alibi cannot prevail over the positive
identification of a credible witness.140 Appellant Webb was
placed at the crime scene by Alfaro who positively identified
him as the one (1) who plotted and committed the rape of
Carmela, and later fatally stabbed her, her mother and sister,
aided by or in concert with Lejano and Ventura. Gaviola and
Cabanacan gave corroborating testimonies that appellant
Webb was here in the country, as he was just in his house at
BF Homes Subdivision Phase III, at least a few weeks prior to
and on June 29 to 30, 1991.
Verily, it is only when the identification of the accused as the
author of the crime charged is inconclusive or unreliable
that alibi assumes importance. Such is not the situation in the
case at bar where the identification of the perpetrators by a
lone eyewitness satisfied the moral certainty standard.
It is the prosecutions burden to prove the guilt of the accused
beyond reasonable doubt. Definitely, "reasonable doubt" is
not mere guesswork whether or not the accused is guilty, but
such uncertainty that "a reasonable man may entertain after
a fair review and consideration of the evidence." Reasonable
doubt is present when --
after the entire comparison and consideration of all the
evidences, leaves the minds of the [judges] in that condition
that they cannot say they feel an abiding conviction, to a
moral certainty, of the truth of the charge; a certainty that
convinces and directs the understanding, and satisfies the
reason and judgment of those who are bound to act WE HAVE COMPLETED OUR SEARCH FOR RECORDS
conscientiously upon it.141 RESPONSIVE TO YOUR REQUEST BUT DID NOT LOCATE
ANY. IF YOU STILL BELIEVE THAT WE HAVE RECORDS
That reasonable doubt is not engendered by the presentation
WITHIN THE SCOPE OF YOUR REQUEST, AND CAN PROVIDE
of certifications of entry into and exit from the US, passport
US WITH ADDITIONAL INFORMATION, WE WILL CONDUCT
with stamp marks of departure and declarations of witnesses
ANOTHER SEARCH. IF YOU ELECT TO REQUEST ANOTHER
who are mostly relatives and friends of appellant Webb, can
SEARCH, WE RECOMMEND THAT YOU NOT FOLLOW THE
be gleaned from the fact that passports and plane tickets
APPEALS PROCEDURE DESCRIBED BELOW UNTIL WE
indicating dates of arrival and departure do not necessarily
HAVE COMPLETED THAT SEARCH.
prove that the very same person actually took the flight. This
Court takes judicial notice of reported irregularities and YOU MAY APPEAL THE FINDING IN THIS MATTER BY
tampering of passports in the years prior to the recent WRITING TO THE OFFICE OF INFORMATION AND PRIVACY,
issuance by the DFA of machine-readable passports. In fact, UNITED STATES DEPARTMENT OF JUSTICE, SUITE 570,
the proliferation of photo-substituted passports, fake 1310 G. STREET, N.W., FLAG BUILDING, WASHINGTON D.C.,
immigration stamps, assumed identity and double passports, 20530 WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
among others, have been cited as grounds to justify the LETTER. YOUR LETTER SHOULD REFERENCE THE INS
necessity of amending the Philippine Passport Act of CONTROL NUMBER ABOVE AND THE LETTER AND THE
1996 (R.A. No. 8239) as proposed in the Senate, "x x x to rally ENVELOPE SHOULD BE CLEARLY MARKED FOIA/PA
for the issuance of passports using tamper proof and the APPEAL.
latest data encryption technology; and provide stiffer
SINCERELY,
penalties against proliferators of fake passports."142
(SGD.) DISTRICT DIRECTOR144 [emphasis supplied]
It is worthy of note I note that the original of Webb's passport
was not offered in evidence and made part of the records, To show that the August 10, 1995 US-INS Certification was
which only gives credence to the prosecutions allegation erroneous, appellant Webb presented the Memorandum
that it bore signs of tampering and irregularities. And as addressed to Secretary Domingo L. Siazon signed by Consul
earlier mentioned, the much vaunted US-INS second Leo M. Herrera-Lim, the Diplomatic Note dated October 30,
certification dated August 31, 1995 based on a mere 1995 and the letter of Debora Farmer stating that the San
computer print-out from the Non-immigrant Information Francisco certification was erroneous.145 The prosecution,
System (Exhibit "213-1-D") retrieved from the US- INS however, presented another document which indicated that
Archives in Washington, and the accompanying an appeal to the U.S. Department of Justice, Office of
certifications, have little probative value, the truth of their Information and Privacy yielded a negative result on any
contents had not been testified to by the persons who issued record on file that one (1) Hubert Webb arrived in the United
the same. Moreover, the issuance of this certification only a States on March 9, 1991, and further that Richard L. Huff, Co-
couple of weeks after the August 10, 1995 US-INS Office in Director of the Office of Information and Privacy had in effect
San Francisco was issued, only raised questions as to its sustained as correct the US-INS San Francisco report that
accuracy. Said earlier certification through Debora A. there is no such data on Hubert Webb in the San Francisco
Farmer stated that: database so that the Philippine Embassy in Washington, D.C.
should instead ask the assistance of other U.S. government
[a]fter diligent search no record is found to exist in the
agencies in their search for data on appellant Webb.146
records of the Immigration and Naturalization Service. The
search included a review of the Service automated and The defense endeavored to explain why the US-INS Archives
nonautomated records system; there is no evidence of any in Washington could have made the "mistake" of stating that
lawful admission to the United States as an immigrant, or as it had no data or information on the alleged entry of appellant
a nonimmigrant, relating to Hubert P. Webb, born November Webb on March 9, 1991 and his exit on October 26, 1992.
7, 1968, in the Philippines. The records searched are current However, it had not satisfactorily addressed the nagging
as of July 1, 1995 for the immigrants and question of how it became possible for the US-INS Archives
nonimmigrants.143 [emphasis supplied] in Washington, which is supposed to merely download and
copy the information given by the San Francisco INS, to have
The above finding was relayed by Thomas Schiltgen, District
an entry on appellant Webb when the said port of entry had
Director of the Immigration and Naturalization Service, San
no such record. Considering that many visitors
Francisco to Ms. Teresita V. Marzan, Consul General of the
(nonimmigrants) are admittedly not entered into the NIIS
Philippines:
database, and that diligent search already yielded a negative
SUBJECT: WEBB, HUBERT response on appellant Webbs entry into the US on March 9,
1991 as per the August 10, 1995 Certification, as to what US
RE: Hubert Jeffrey Webb
government agency the alleged computer-generated print-
Dear Requester: out in the August 31, 1995 certification actually came from
remains unclear.
YOUR REQUEST WAS RECEIVED BY THIS OFFICE ON
07/10/95.
Evidence CASES: I. GENERAL PRINCIPLES Page 46 of 54
Appellant Webbs reliance on the presumption of regularity of
official functions, stressing the fact that the US-INS
certifications are official documents, is misplaced. The
presumption leaned on is disputable and can be overcome by
evidence to the contrary.147 In this case, the existence of an
earlier negative report on the NIIS record on file concerning
the entry of appellant Webb into and his exit from the US on
March 9, 1991 and October 26, 1992, respectively, had raised
serious doubt on the veracity and accuracy of the
subsequently issued second certification dated August 31,
1995 which is based merely on a computer print-out of his
alleged entry on March 9, 1991 and departure on October 26,
1992.
As to the testimony of former Foreign Affairs Secretary
Domingo L. Siazon, the same cannot be given due credence
since he is incompetent to testify on the contents of the
August 31, 1995 US-INS Certification, having merely received
the said document in his capacity as the head of the
Department of Foreign Affairs of the Philippines. Consul Leo
M. Herrera-Lims testimony likewise did not carry much
weight considering that its significance is confined to the fact
that the document from the US-INS was transmitted and
received by the DFA. It is to be noted that the certification
issued by the Philippine Embassy with respect to the US-INS
Certifications contained a disclaimer, specifically stating that
the Embassy assumed no responsibility for the contents of
the annexed document.148 The same observations regarding
the "consularized certifications" was reflected in the
Decision dated April 16, 1998 in CA-G.R. SP No. 42285
("Miguel Rodriguez v. Amelita Tolentino") and CA-G.R. SP No.
42673 ("Hubert P. Webb v. Amelita Tolentino").149
Appellant Webbs travel documents and other supposed
paper trail of his stay in the US are unreliable proof of his
absence in the Philippines at the time of the commission of
the crime charged. The non-submission in evidence of
his original passport, which was not formally offered and
made part of the records, had deprived the RTC, CA and this
Court the opportunity to examine the same. Such original is a
crucial piece of evidence which unfortunately was placed
beyond judicial scrutiny.
IWe quote the following observations made by the
prosecution on Webbs passport from the appeal brief of the
OSG:
In tandem with the presentation of the various U.S. INS
certifications to bolster appellant Webbs story of a U.S.
sojourn before, during and after the commission of the
offense charged, he further anchors his defense on his
passport (Exh. AAAAAA and 294) ostensibly to show, among
others, that the grant by the United States government
granted him a visa effective from April 6, 1989 to April 6, 1994
and the U.S. Immigration in San Francisco stampmarked it on
March 9, 1991 (Exh. AAAAAA-6) on page 30 thereof (Exh.
AAAAAA-2 and 294-D).
On its face, what the entries in the passport plainly suggest is
that appellant Webb violated U.S. immigration laws by
"overstaying" beyond the usual six-(6) month period allowed Two (2) more documents presented by appellant Webb
for tourists. However, he being the son of a Senator would not deserve a close look -- his US Drivers License supposedly
unnecessarily violate U.S. immigration laws. It would be quite issued on June 14, 1991, and the Passenger Manifest. The
easy for him to apply for and secure an extension of his RTCs evaluation of said documents revealed their lack of
authorized stay in the U.S., if only he requested. But why did probative value, thus:
not he or his parents secure the extension? Why was there no
On August 14, 1997, [Webb] testified that he did not make any
evidence to show that he ever requested an extension? Did
application since the procedure in California provides for a
he really overstay in the U.S. or could he simply enter and
walk-in system, that he did not submit any photograph
leave the U.S. and the Philippines without marking his
relative to his application for a Californian Drivers License,
passport? These raise serious questions on the integrity of
inasmuch as a photograph of him was taken, and that, his
the passport.
drivers license was issued sometime on the first week of
Is appellant Webb really untouchable that even U.S. June, 1991. On the other hand, on September 1, 1997, the
authorities in various states would let him get "off the hook" accused suddenly and completely changed his testimony
without much of a fuss after his alleged brushes with the law while still on direct examination. He claims that the picture
(TSN - Hubert Webb dated September 10, 1997, p. 82)? This appearing on the drivers license was the very same he
is especially incredible considering that he was allegedly submitted together with his application for the drivers
apprehended in the United States near the U.S. border (Ibid., license. Thus, the discrepancy as to the source of the
pp. 82-83) where authorities are always on the look out for photograph (Exhibit "334-E") between the testimony given on
illegal aliens. August 14, 1997 where the accused Webb said that the
California Department of Motor Vehicle took his picture, and
The questions involving appellant Webbs passport are not
the testimony given on September 1, 1997 where he said that
limited to the stamp marks (or lack of stamp marks) therein.
he submitted it to the California DMV as an attachment to his
There are unusual things about his passport which he has
supposed drivers license application renders the accused
been unable to explain satisfactorily.
Webbs testimony as unbelievable and unworthy of credence.
The passport of her mother, Elizabeth Webb, for example,
It is beyond belief that the same picture submitted by the
appears to be well preserved despite having been
accused Webb became the picture in the drivers license
used more frequently than that of appellant Webb who
allegedly issued on June 14, 1991. Moreover, it is contrary to
supposedly used it in only one trip abroad. Not only do some
human nature and experience, aside from the fact that it is
of the pages appear smudged or untidy, but more
likewise contrary to the procedure described by the accused
significantly, the perforations on the passport pages
Webb in obtaining a drivers license in the State of California.
indicating the serial number of appellant Webbs passport no
Since a drivers license is one of the principal means of
longer fit exactly on the pages -- that is, they are no longer
identification in the United States as well as in the Philippines,
aligned. The perforations are intended not only to indicate the
to allow the applicants to produce their own pictures would
serial number of the passport but more importantly to
surely defeat the purpose in requiring them to appear before
countercheck intercalations and tampering. The "non-
the Department of Motor Vehicle, that is, to ensure the
alignment" of the perforations is thus significant.
integrity and genuineness of the drivers license.
In addition to the over-all shabby appearance of appellant
The Court takes note that the accused Webb, in his fervent
Webbs passport, what is evident is the torn plastic portion of
desire to exculpate himself from criminal liability, earlier
the dorsal page thereof near the holders signature. There is
offered in evidence the letter dated January 10, 1992 of Mr.
also the matter of the marked difference in the signatures of
Robert L. Heafner, Legal Attache of the Embassy of the
appellant Webb as appearing on the dorsal side of the
United States to the then Director of the National Bureau of
passport (Exh. AAAAAA-3 and 294-A-1) as compared with
Investigation, Alfredo S. Lim, (Exhibit "61") which stated in
that appearing on his laminated photograph (Exh. AAAAAA-5
very clear terms that the accused Webbs California Drivers
and 294-C-1). Of course, he tried to offer an explanation on
License Number A8818707 was issued on August 9, 1991.
the variance in the two (2) signatures. All he could reason out,
Furthermore, the said letter states the listed address of the
however, was that he wrote his name using his normal
accused Webb at the time of the issuance of the drivers
penmanship when in a lazy mood (TSN -- Hubert Webb dated
license was 532 So. Avenida Faro Ave., Anaheim, California
August 14, 1997, p. 27), implying that the signature appearing
92807. The said listed address of the accused Webb at the
on his laminated photograph is his real signature. A review of
time his drivers license was issued has demolished the
his other documentary evidence supposedly bearing his
testimony of the defense witness Sonia Rodriguez that the
signature shows that what appears therein is his name
accused Webb was supposed to be already living with the
written in his "normal penmanship," and that it is only in the
Rodriguez family in Longwood, Florida by the first week of
laminated picture (Exh. AAAAAA-5 and 294-C) that such "real
August, 1991.
signature" appears. Following appellant Webbs explanation,
it means that he was in a lazy mood all the time!150 The accused Webb likewise offered in evidence the official
communication coming from the Federal Bureau of
Investigation dated December 31, 1991 (Exhibit "MMM" and
Evidence CASES: I. GENERAL PRINCIPLES Page 47 of 54
submarkings; Exhibit "66-C" and submarkings) which
likewise gave the information that the accused Webb was
issued California Drivers License No. 8818707 on August 9,
1991, and that as of August 9, 1991, the address of the
accused Webb was 532 South Avenida Faro, Anaheim,
California 92807. The fact that the alleged Drivers License
No. A8818707 was issued on two (2) different dates (August
9, 1991 and June 14, 1991) casts a serious doubt on its
provenance and authenticity.
xxxx
In order to establish that the accused Hubert Webb departed
from the Philippines on 09 March 1991 on board UA flight 808
the defense also presented witness Dulcisimo Daluz, Station
Manager of United Airlines for Manila who in turn presented a
document purporting to be the Passenger Manifest for the
flight departing on 09 March 1991 (Exhibits "233-A" to "233-
N").
This document merits outright rejection considering that the
defense witness Daluz confirmed that the same was prepared
by the UA departure area personnel and not by himself. Thus,
this document is merely hearsay and is devoid of any merit
whatsoever.
In respect of the plane ticket of the accused Hubert Webb,
what was likewise offered as part of the testimony of Daluz
was a mere photo copy, wherein Daluz also admitted not
having any direct participation in its preparation.
The spurious nature of the document was observed by the
witness Daluz himself who admitted that there
were irregularities in the Passenger Manifest presented by
the defense. According to Daluz, it is a strict procedural
requirement that all the checking agents who were on duty on
March 9, 1991 were supposed to initial the Passenger
Manifest, However, he admitted that Exhibits "223" and "223-
N" did not contain the initials of the checking agents who
were supposed to initial the same.
The defense presented Agnes Tabuena, Vice-President for
Finance and Administration of the Philippine Airlines for the
purpose of establishing that Hubert Webb arrived in the
Philippines only on 26 October 1992.
Like witnesses Daluz and Nolasco, Tabuenas statements on
the witness stand and the Certification was based exclusively
on the Passenger Manifest of PALs PR 103. Unfortunately for
the defense, the said testimony is of no probative value and of
doubtful veracity considering that the witness did not prepare
the same, nor did the witness identify the persons who
prepared the same other than that they were "airport staff",
nor did she had any idea when the document was transmitted
to her office. In fact, the witness could not even interpret the
contents of the said Passenger Manifest, much more testify
as to the due execution and genuineness thereof.
In view of the vital necessity to the other accused of
establishing accused Webbs alibi, it is important to note that
Atty. Francisco Gatchalian, father of the accused Michael
Gatchalian was then a high ranking PAL Official and a
colleague of Tabuena. This makes the source of the eyewitness account, Alfaro gave much more minute details
document, even ignoring the fact of its inadmissibility, than the limited narration given by Barroso. More important,
suspicious.151 [emphasis supplied.] Alfaros testimony was sufficiently corroborated on its
material points, not only by the physical evidence, but also by
The alibi of appellants Gatchalian and Lejano, who claimed
the testimonies of four (4) disinterested witnesses for the
they were at the Syap residence at Ayala Alabang Village
prosecution: White, Jr., Cabanacan, Gaviola and Birrer.
watching video tapes the whole night of June 29, 1991 until
early morning of June 30, 1991, was even less plausible Fernandez also cited as among the reasons why Alfaros
considering the distance of that place from Pitong Daan declarations were far from positive, the non-recovery of the
Subdivision, which is just a few minutes ride away. The RTC fatal weapons used in the killings. He contended that a crucial
noted the manifestation of the defense on Andrew Syaps link in the prosecutions physical evidence was thus missing,
refusal to testify on Gatchalian and Lejanos whereabouts as Alfaro could not even say what was the "object" or "thing"
during the night in question, despite their efforts to convince which she saw thrown out of the Nissan Patrol while the group
him to do so. It further noted the testimony of Assistant NBI was on their way to the BF Executive Village. Hence, her
Director Pedro Rivera that Carlos Syap upon seeing suggestion that what she saw Ventura took from the kitchen
Gatchalian with their group even berated Gatchalian for drawer may have been kitchen knives used to kill the victims
dragging him into his (Gatchalians) own problem. Aside from must fail.153
Alfaro, security guard Normal White, Jr. also testified that the
Such proposition fails to persuade. The failure to present the
presence of Gatchalian (son of a homeowner), who pointed to
murder weapon will not exculpate the accused from criminal
the other appellants in the two (2) cars behind him as his
liability. The presentation and identification of the weapon
companions, was the reason they allowed his friends to enter
used are not indispensable to prove the guilt of the accused,
the subdivision on the night of June 29, 1991. White, Jr. also
much more so where the perpetrator has been positively
categorically declared he had, earlier that same night, seen
identified by a credible witness.154
Gatchalian with his friends standing at Vinzons St. Thus,
other than the hearsay declaration of his father who merely Appellant Rodriguez denies being a conspirator with Webbs
testified on what his son told him about spending the night group in the commission of the crime, asserting that his
watching video tapes at the Syap residence on June 29, 1991, presence and participation in the Vizconde killings, from the
Gatchalian presented no corroborative evidence of his alibi. time of its inception up to its consummation, was not
established beyond reasonable doubt. He cites the failure of
As to appellant Lejano, he was positively identified by Alfaro
Alfaro to mention his name as part of the "group" twice in her
as the first to express approval of Webbs plan to gang-rape
testimony. These instances refer to Alfaros direct
Carmela by saying, "Ako ang susunod." Lejano was also with
examination when she was asked to name the persons riding
Alfaro, Webb and Ventura in going inside the Vizconde house,
the convoy of three (3) vehicles when they left Ayala Alabang
and whom she later saw inside the masters bedroom, at the
Commercial Center parking lot to proceed to the Vizconde
foot of the bed where the bloodied bodies of Estrellita and
residence at Pitong Daan Subdivision,155 and the second time
Jennifer lay, and just standing there about to wear his jacket
when she was asked to enumerate the members of the
while Webb was pumping the hogtied and gagged Carmela on
"group" who were waiting along Aguirre Avenue during their
the floor. His alibi is likewise feeble, as he could have easily
second trip to the Vizconde residence.156 Thus, when Alfaro
gone to the Vizconde house within a few minutes from the
testified that the rest of the group acted as lookouts while
Syap residence where he and Gatchalian allegedly watched
she, Webb, Lejano and Ventura went inside the Vizconde
video tapes.
house, it must be understood as limited only to those she had
Appellant Fernandez, on his part, insisted that Alfaros story previously enumerated, which definitely did not include
was simply fabricated by her "hidden mentors" who Rodriguez.157
considered the sworn statement of Roberto D. Barroso taken
The argument is untenable. The mere fact that Alfaro missed
on November 4, 1991. Barroso was one (1) of the members of
out naming Rodriguez in two (2) instances during her direct
the "Akyat Bahay" gang who were earlier charged before the
examination does not give rise to the conclusion that he was
Makati City RTC in Criminal Case Nos. 91-7135-37 for Rape
not positively identified by Alfaro as among those present and
with Homicide and for Robbery with Homicide in connection
participated prior to, during and after the commission of the
with the Vizconde killings. There is an uncanny congruence
crime as lookouts along with the rest of the group. Contrary
in the details of the incident as testified to by Alfaro, with the
to Rodriguezs claim, the first time that Alfaro referred to and
sworn statement of Barroso particularly pertaining to the
enumerated the members of the "group" which she had
manner by which the garage light of the Vizconde house was
unexpectedly joined that night, was at the beginning of her
put out, the smashing of the glass panel of the main door, and
narration on how she met Venturas friends when she got her
the appearance of a woman who opened the main door saying
order of shabu at the Ayala Alabang Commercial Center
"Sino kayo?"152
parking lot.
Such submissions are inane, in view of the dismissal of those
cases filed against the first set of suspects based on lack of
evidence. Contrary to Fernandezs insinuation of a fabricated
Evidence CASES: I. GENERAL PRINCIPLES Page 48 of 54
 Q. And you said that Dong Ventura introduced you that it was Estrada, then her boyfriend, who was together three modes: (1) profiting himself or assisting the offender to
to this group, will you name the group that was with her in her car throughout the night of June 29, 1991 until profit by the effects of the crime; (2) concealing or destroying
introduced to you by Dong Ventura? early morning of June 30, 1991. Estrada was among those the body of the crime, or the effects or instruments thereof in
who acted as lookouts outside the Vizconde house after they order to prevent its discovery; and (3) harboring, concealing,
A. First, he introduced me to Hubert Webb, then
all concurred in the plan of Webb to gang-rape Carmela while or assisting in the escape of the principals of the crime,
Fyke Fernandez, Miguel Rodriguez, and then
they were still at the parking lot of the Ayala Alabang provided the accessory acts with abuse of his public
Tonyboy Lejano, Michael Gatchalian.158
Commercial Center. functions or when the offender is guilty of treason, parricide,
Alfaro was again asked to enumerate the members of the murder, or an attempt to take the life of the Chief Executive,
Conspiracy among appellants duly proven
"group" when the prosecution asked her to name the or is known to be habitually guilty of some other crime.168
members of the group, in the later part of her direct The existence of conspiracy between appellants Webb,
Under paragraph 3 of Article 19 of the Revised Penal Code,
examination during the same hearing.159 She also testified Ventura, Lejano, Gatchalian, Fernandez, Rodriguez and Filart
as amended, there are two (2) classes of accessories, one of
that after everyone, including Rodriguez, took part in was satisfactorily proven by the prosecution. Conspiracy
which is a public officer who harbors, conceals or assists in
a shabu session, they left the parking lot.160 It thus logically exists when two or more persons come to an agreement
the escape of the principal. Such public officer must have
follows that whenever Alfaro made reference to the "group" concerning the commission of a felony and decide to commit
acted with abuse of his public functions, and the crime
in her entire narration, it necessarily included those she had it. Conspiracy comes to life at the very instant the plotters
committed by the principal is any crime, provided it is not a
enumerated she had met and had a shabu session with at the agree, expressly or impliedly, to commit the felony and
light felony. Appellant Biong is one (1) such public officer, and
Ayala Alabang Commercial Center parking lot. This same forthwith decide to actually pursue it. It may be proved by
he abused his public function when, instead of immediately
group was with her from their first trip to the Vizconde direct or circumstantial evidence.164 Although only one (1)
arresting the perpetrators of the crime, he acceded to the
residence until the time they left Pitong Daan Subdivision and rape was actually proven by the prosecution, as conspirators
bidding of appellant Webb to "clean the Vizconde house,"
retreated to a house at BF Executive Village early morning of who mutually agreed to commit the crime and assisted one
which means he must help hide any possible trace or sign
June 30, 1991. Alfaro had specifically mentioned Rodriguez (1) another in its commission, on the occasion of which the
linking them to the crime, and not necessarily to prevent the
when asked by Prosecutor Zuo to describe their relative rape victim Carmela, her mother Estrellita and sister
discovery of the bodies in such actual condition upon their
positions at the lawn area of the BF Executive Village house, Jennifer, were killed, each of the accused-appellants shall be
deaths. Hence, such "cleaning" would include obliterating
thus establishing his presence during the "blaming session": criminally liable for rape with homicide.
fingerprints and other identifying marks which appellants
A. x x x kalat kami, sir, pero hindi kami magkakalayo Indeed, appellants by their individual acts, taken as a whole, Webb, Lejano and Ventura might have left at the scene of the
xxx showed that they were acting in unison and cooperation to crime.
achieve the same unlawful objective, even if it was only Webb,
xxxx Contrary to Biongs assertion, his failure to preserve
Ventura and Lejano who actually went inside the Vizconde
evidence at the crime scene such as fingerprints on the doors
Q. How about Miguel Rodriguez, how far was he house while Estrada, Fernandez, Rodriguez, Gatchalian and
and objects inside the masters bedroom where the bodies
from Hubert? Filart stood as lookouts outside the house. Under these
were found, the bloodied floor of the toilet, the actual material
premises, it is not even necessary to pinpoint the precise
A. Two meters away. used in gagging Carmela and Estrellita, the bloodied blankets
participation of each of the accused-appellants, the act of
and bed sheets, the original condition of the broken glass
xxxx one being the act of all. 165
panel of the main door, the shoe print and foot prints on the
A. Mike is very very near Ging Rodriguez.161 One who participates in the material execution of the crime car hood and at the back of the house, fingerprints on the light
by standing guard or lending moral support to the actual bulb at the garage -- was a form of assistance to help the
It must be stressed that Alfaro categorically declared it was perpetrators thereof is criminally responsible to the same perpetrators evade apprehension by confusing the
Rodriguez who approached her at Faces Disco on March 30, extent as the latter. There being conspiracy among the investigators in determining initially what happened and the
1995 and told her to shut up or she would be killed. Aside from accused-appellants, they are liable as co-principals possible suspects. Consequently, Biongs unlawful taking of
making that threat, Rodriguez also offered Alfaro a plane regardless of the manner and extent of their participation.166 the jewelries and Carmelas ATM card and drivers license,
ticket so she could leave the country.162 Rodriguezs bare his act of breaking the larger portion of the main door
denial cannot be given any evidentiary weight. We have ruled Biong guilty as accessory after the fact glass, the washing out of the blood on the toilet floor and
that denial is a self-serving negative evidence that cannot be
Appellant Biong contends that he cannot be convicted as permitting the relatives to burn the bloodied bed sheets and
given greater weight than the declaration of a credible
accessory to the crime of rape with homicide because the blankets -- had in fact misled the authorities in identifying
witness who testified on affirmative matters.163
acts imputed to him did not result in the hiding of the case. potential suspects. Thus, the police had a difficult time
Rodriguezs attempt to set up an alibi through the testimony There was no evidence that such indeed was his intent or figuring out whether it was robbers who entered the Vizconde
of his cousin Mark Rualo was equally frail. Even assuming as motive. He points out that the bodies of the victims were house and perpetrated the rape-slay, or drug-crazed addicts
true Rualos testimony that he had indeed invited Rodriguez found at their respective places where they were assaulted on the loose, or other persons having motive against the
to attend his birthday party on June 29, 1991 but Rodriguez and there was no evidence that they had been moved an inch Vizconde family had exacted revenge, or a brutal sexual
opted to stay in his house and even talked to him on the phone from where they breathed their last. He asserts that non- assault on Carmela by men who were not strangers to her
when he called Rodriguez to ask why he was not yet at the preservation of the evidence is not an accessory crime under which also led to the killings.
party, it cannot serve as proof of Rodriguezs whereabouts at the Revised Penal Code.167
On the basis of strong evidence of appellant Biongs effort to
the time of the commission of the crime. It did not rule out the destroy crucial physical evidence at the crime scene, I hold
The contentions have no merit.
actual presence of Rodriguez at the crime scene. that the RTC did not err in convicting him as an accessory to
The Revised Penal Code in Article 19 defines an accessory as the crime of rape with homicide.
Appellant Estrada, just like Rodriguez and Fernandez, did not
one who has knowledge of the commission of the crime, yet
take the witness stand and simply relied on the alibi defense
did not take part in its commission as principal or accomplice, Penalty
of his co-accused, principally that of Webb. Alfaro testified
but took part in it subsequent to its commission by any of

Evidence CASES: I. GENERAL PRINCIPLES Page 49 of 54

The CA was correct in affirming the sentence imposed by the
RTC upon each of the accused-appellants Webb, Lejano,
Gatchalian, Rodriguez, Fernandez and Estrada. The proper
penalty is reclusion perpetua because the imposition of the
death penalty under the Revised Penal Code (in Article 335
thereof, as amended by R.A. No. 2632 and R.A. No. 4111,
when by reason or on the occasion of rape, a homicide is
committed), was prohibited by the Constitution at the time the
offense was committed.169 At any rate, the subsequent
passage of R.A. No. 9346 entitled "An Act Prohibiting the
Imposition of the Death Penalty in the Philippines," which was
signed into law on June 24, 2006, would have mandated the
imposition on accused-appellants the same penalty
of reclusion perpetua.
As to the penalty imposed by the CA on appellant Biong as
accessory after the fact to the crime of rape with homicide,
we find the same proper and in order.
DNA Testing
Appellant Gatchalian reiterates his and appellant Webbs
motion for DNA testing of the semen specimen taken from the
vaginal cavity of Carmela during the autopsy conducted by
Dr. Cabanayan, which motion was denied by the RTC for lack
of available scientific expertise and technology at the time.
With the great advances in forensic science and under
pertinent state laws, American courts allow post-conviction
DNA testing when its application has strong indications that
the result could potentially exonerate the convict. Indeed,
even a convicted felon has the right to avail of new technology
not available during his trial.
On October 2, 2007, this Court approved the Rule on DNA
Evidence170 which took effect on October 15, 2007.
Pursuant to Section 4 of the Rule, the court may at any time,
either motu proprio or on application of any person who has
a legal interest in the matter in litigation, order a DNA testing
after due notice and hearing. Such order shall issue upon
showing of the following:
(a) A biological sample exists that is relevant to the
case;
(b) The biological sample: (i) was not previously
subjected to the type of DNA testing now requested;
or (ii) was previously subjected to DNA testing, but
the results may require confirmation for good
reasons;
(c) The DNA testing uses a scientifically valid
technique;
(d) The DNA testing has the scientific potential to
produce new information that is relevant to the
proper resolution of the case; and
(e) The existence of other factors, if any, which the
court may consider as potentially affecting the
accuracy or integrity of the DNA testing.171
By Resolution dated April 20, 2010, this Court granted 274; (c) The TSN of January 31, 1996 on pages 57, 58 and 69
appellant Webbs request to submit for DNA analysis the suggest that marked in evidence as Exhibits "S", "T" and "U"
semen specimen taken from the cadaver of Carmela by then Chief State Prosecutor Jovencito Zuo were only the
Vizconde under the custody of the National Bureau of photographs of the three slides containing the semen
Investigation (NBI). We ordered (1) the NBI to assist the specimen; (c) In the hearing of February 7, 1996, Dr.
parties in facilitating the submission of the said specimen to Cabanayans last testimony before RTC Branch 274 in this
the UP-Natural Science and Research Institute (UP-NSRI), case, he testified that the last time he saw those slides was
Diliman, Quezon City; and (2) the NBI and UP-NSRI to report when he had the photographs thereof taken in 1995 (the first
to this Court within fifteen (15) days from notice regarding time was when he examined them in 1991), and as far as he
compliance with and implementation of the said resolution. knows between 1991 and 1995, those slides were kept in the
Pathology Laboratory of the NBI; and (d) The entire records
In his Compliance and Manifestation dated April 27, 2010,
of the cases were already forwarded to this Court a long time
Atty. Reynaldo O. Esmeralda, NBI Deputy Director for
ago, including the evidence formally offered by the
Technical Services, informed this Court that the semen
prosecution and the accused.174
specimen/vaginal smear taken from the cadaver of Carmela
Vizconde and all original documents (autopsy and laboratory Under our Resolution of June 15, 2010, we required the NBI
reports, and photographs) are no longer in the custody of the to (a) show proof of the release of the semen specimen to the
NBI as these were submitted as evidence to the Regional Trial RTC of Paraaque City, Branch 274 in 1996; and (b) comment
Court (RTC) of Paraaque City, Branch 274 by then NBI on the alleged conflicting representations in its Compliance
Medico-Legal Chief, Prospero A. Cabanayan, M.D., when the and Manifestation dated April 27, 2010, both within ten days
latter testified on direct and cross-examination on January from notice. However, the NBI has not complied with said
30, 31, February 1, 5, 6 and 7, 1996. Attached thereto are directive.
certified true copies of Laboratory Report No. SN-91-17
In his Comment on the OSGs motion for reconsideration,
(stating positive result for the presence of human
appellant Fernandez argued that when this Court, in the
spermatozoa), Autopsy Report No. N-91-1665 (with remarks:
higher interest of justice, relaxed the Rule on DNA Evidence
"Smear for presence of spermatozoa"), copy of the sworn
to afford Webb the fullest extent of his constitutional rights,
statement of Dr. Cabanayan and certified true copy of the
the prosecution was not thereby denied its equally important
envelope bearing his signed handwritten notation that all
right to due process. Contrary to the OSGs claim that this
original photographs have been submitted as evidence
Court immediately granted DNA testing without observing the
during the aforementioned hearing dates.172
requisites under Section 4 of the Rule on DNA Evidence, and
On May 11, 2010, the Office of the Solicitor General (OSG) without due notice and hearing, appellant asserts that the
filed a Motion for Reconsideration of our Resolution dated Resolution dated April 20, 2010 clearly defines the
April 20, 2010 on grounds that (a) the DNA testing order was parameters of the DNA analysis to be conducted by the UP-
issued in disregard of Section 4 of the Rule on DNA Evidence NSRI assisted by the NBI. Indeed, there are ample safeguards
which requires prior hearing and notice; (b) a determination in the Rule to assure the reliability and acceptability of the
of propriety of DNA testing at this stage under the results of the DNA testing. Fernandez, however, objected to
present Rule, separate from that filed by Webb before the the statement of the OSG that "in the light of positive
trial court on October 6, 1997, is necessary as there was no identification" of appellant Webb by the principal witness for
opportunity back then to establish the requisites for a DNA the prosecution, Jessica Alfaro, the existing circumstances
testing order under the Rule which took effect only in 2007; more than warrant the affirmation of Webbs guilt. Alfaros
(c) the result of the DNA testing will constitute new evidence, cross-examination exposed her as an "out-and-out perjurer,
which cannot be received and appreciated for the first time a bold and intentional liar under oath" and a "fake witness"
on appeal; and (d) this Court failed to elucidate an exceptional whose account of the incident is "shot-through with fatal
circumstance to justify its decision to consider a question of omissions, self-contradictions, inconsistencies and inherent
fact, as this Court itself acknowledged in its April 20, 2010 improbabilities."175
Resolution that the result of DNA testing is not crucial or
Appellant Lejano likewise filed his comment, pointing out that
indispensable in the determination of appellant Webbs guilt
the trial court denied Webbs motion to direct the NBI to
for the crime charged.173
submit semen specimen for DNA analysis on November 25,
On May 21, 2010, Atty. Roberto Makalintal, Jr., Branch Clerk 1997 only after lengthy exchange of pleadings between the
of RTC Paraaque City, Branch 274, submitted his Comment defense and prosecution, the latter having properly opposed
on The Compliance and Manifestation Dated April 27, 2010 of said motion. Hence, the People cannot now rightfully claim
the NBI stating that: (a) There is no showing of actual receipt that there was no notice or hearing on the issue of submitting
by RTC Branch 274 of the specimen/vaginal smear mentioned the semen specimen for DNA analysis. Citing Brady v.
in Dr. Cabanayans affidavit dated April 27, 2010; (b) Based Maryland,176 Lejano contended that the suppression of
on available records such as the TSN of January 31, 1996 and exculpatory evidence or evidence that will show reasonable
February 7, 1996 during which Dr. Cabanayan testified, no probability that the verdict would have been different had the
such specimen/vaginal smear was submitted to RTC Branch evidence been disclosed grossly violates an accuseds right
Evidence CASES: I. GENERAL PRINCIPLES Page 50 of 54
to due process. In this case, the evidence needs only to be
subjected to DNA analysis to establish the innocence of
appellant Webb, as well as of petitioner and appellant Lejano.
It was further asserted that the semen specimen was already
existing at the time of the trial, and hence can hardly be
considered as "new evidence" and that DNA testing of said
semen specimen taken from the victim Carmela Vizconde
"has the scientific potential to produce new information that
is relevant to the proper resolution of the case" (Sec. 4 (d),
Rule on DNA Evidence).177
On his part, appellant Webb stressed that there are
exceptional circumstances that justify this Courts order to
immediately conduct the DNA analysis. He has been behind
bars for more than fifteen (15) years. He has filed a motion for
DNA analysis as early as 1997 or thirteen (13) years ago. The
result of such test could yield evidence that could acquit him
while no damage will be suffered by the prosecution
considering that this Court emphasized in its Resolution of
April 20, 2010 that the prosecutions evidences and concerns
regarding the proper preservation of evidence in the custody
of the NBI would have to be addressed in the light of the
requirements laid down by the Rule on DNA Evidence. As to
the prosecutions argument that this Court cannot receive
and appreciate "new evidence," Section 4 of the Rule states
that "the appropriate court may, at any time, either motu
proprio or on application of any person who has a legal
interest in the matter in litigation, order a DNA testing"; DNA
testing is even available post-conviction (Ibid, Sec. 6). This
Court in accordance with proper procedure thus decided to
receive DNA evidence in order not to further delay the case,
appellants after all, were convicted more than ten (10) years
ago in 2000 and have been incarcerated for fifteen (15) years
now.
Webb further underscored that where the evidence has not
been offered, it is the prosecution who should have the legal
custody and responsibility over it.178 The NBIs letter dated
April 23, 1997 confirmed that the semen specimen was in its
custody. The NBIs repudiation of such fact is belied by the
records; the Prosecutions Formal Offer of Evidence shows
that Exhibits "S", "T" and "U" were merely photographs of the
slides containing the vaginal smear. Also, nowhere in the
transcript of stenographic notes taken during Dr.
Cabanayans testimony was it shown that he turned over the
actual slides to the trial court. On the contrary, when Dr.
Cabanayan was asked on February 6, 1996 to produce the
slides, which he had promised to bring during the previous
hearing, he admitted that he "forgot all about it" when he
came to the hearing. Thus, it appears from the record that
from the time the semen specimen was taken from Carmela
Vizcondes cadaver, it has always been in the custody of the
NBI.179
Evidently, the NBI could no longer produce the semen
specimen/vaginal smear taken from the cadaver of Carmela
Vizconde and consequently DNA analysis of said physical
evidence can no longer be done. Hence, this Court set aside
the April 20, 2010 resolution and forthwith proceeded to
resolve the present appeal on the basis of existing evidence Loss of Semen Specimen Not Ground For Acquittal of Webb
which have been formally offered by the parties and/or made
Webbs argument that under the facts of this case and
part of the records.
applying the cited rulings from American jurisprudence, he is
Appellant Webbs Urgent Motion To Acquit entitled to acquittal on the ground of violation of his
constitutional right to due process,is without merit.
With the recall of the order for DNA testing, appellant Webb
moved for his acquittal on the ground of violation of his In Brady v. Maryland183 it was held that "the suppression by
constitutional right to due process by reason of the States the prosecution of evidence favorable to an accused upon
failure to produce the semen specimen, either through request violates due process where the evidence is material
negligence or willful suppression. Webb argues that the loss either to guilt or to punishment, irrespective of the good faith
or suppression by the prosecution of the semen specimen or bad faith of the prosecution." In said case, the petitioner
denied him the right to avail of the latest DNA technology and was convicted of murder committed in the course of robbery
prove his innocence. Citing American jurisprudence (Matter and sentenced to death. He later learned that the prosecution
of Dabbs v. Vergari,180 California v. Trombetta181 and Brady v. suppressed an extrajudicial confession made by his
Maryland182), Webb contends that in disallowing the DNA accomplice who admitted he did the actual killing. The US
examination he had requested, the RTC denied him from Supreme Court granted a new trial and remanded the case
presenting a "complete defense" through that "singular piece but only on the question of punishment.
of evidence that could have definitively established his
In Matter of Dabbs v. Vergari,184 the court ordered DNA
innocence," the trial court relying instead on the
testing of specimen taken from a rape victim after the sexual
identification of Jessica Alfaro, a "perjured witness." The
assault and from the accused who was convicted, DNA
constitutional duty of the prosecution to turn over
testing being unavailable at the time of the trial. Accused
exculpatory evidence to the accused includes the duty to
therein was identified by the victim as her attacker. The court
preserve such evidence.
found the factual circumstances clearly showed that the
Webb maintains that the semen specimen extracted from the semen specimen could have come only from the accused. It
cadaver of Carmela had exculpatory value, as even NBIs Dr. noted that the witness testified that accused acted alone, had
Cabanayan testified during the hearing of February 7, 1996, ejaculated and she did not have sexual intercourse with any
that it was still possible to subject the same to DNA analysis other person within 24 hours prior to the sexual assault. DNA
to identify the person to whom the sperm belonged. Thus, a testing ultimately revealed that petitioners DNA composition
DNA analysis of said semen specimen excluding appellant did not match with that found on the victims underwear.
Webb as the source thereof would disprove the prosecutions Consequently, the court granted petitioners subsequent
evidence against him. Further, Webb points out that the motions to vacate the judgment of conviction.
prosecution considered the presence of spermatozoa on the
In California v. Trombetta,185 a case involving the prosecution
body of Carmela as evidence that she was raped, offering the
for drunk driving, the US Supreme Court ruled that the Due
photographs of the glass slides containing the sperm cells as
Process Clause of the Constitution does not require that law
proof that she was in fact raped on or about the late evening
enforcement agencies preserve breath samples in order to
of June 29, 1991 or early morning of June 30, 1991. But the
introduce breath-analysis tests at trial.
only evidence of the prosecution that it was Webb who raped
Carmela was the testimony of Alfaro which was given full Given our precedents in this area, we cannot agree with the
credit by the RTC and CA despite all its inconsistencies, and California Court of Appeal that the States failure to retain
despite all documentary and testimonial evidence presented breath samples for respondents constitutes a violation of the
by the defense proving that Webb was at the United States at Federal Constitution. To begin with, California authorities in
the time the crime was committed. this case did not destroy respondents breath samples in a
calculated effort to circumvent the disclosure requirements
On the matter of preserving DNA evidence, Webb cites
established by Brady v. Maryland and its progeny. In failing to
Section 12 of the Rule on DNA Evidence which authorizes the
preserve breath samples for respondents, the officers here
court to order the appropriate government agency to
were acting "in good faith and in accord with their normal
preserve the DNA evidence during trial and even when the
practice." x x x The record contains no allegation of official
accused is already serving sentence, until such time the
animus towards respondents or of a conscious effort to
decision of the court has become final and executory. While
suppress exculpatory evidence.
this Court has given Webb the best opportunity to prove his
innocence in the order granting DNA analysis of the sperm More importantly, Californias policy of not preserving breath
specimen taken from Carmelas cadaver, such potentially samples is without constitutional defect. Whatever duty the
exculpatory evidence could not be produced by the State. Constitution imposes on the States to preserve evidence, that
Webb now claims that as a result of the destruction or loss of duty must be limited to evidence that might be expected to
evidence under the NBIs custody, he was effectively play a significant role in the suspects defense.
deprived of his right to present a complete defense, in
To meet this standard of constitutional materiality, x x x
violation of his constitutional right to due process, thus
evidence must both possess an exculpatory value that was
entitling him to an acquittal.
Evidence CASES: I. GENERAL PRINCIPLES Page 51 of 54
apparent before the evidence was destroyed, and be of such chain reaction (PCR) amplification method by Short Tandem quarrels; (3) Appellant received from the victim, Kathylyn
a nature that the defendant would be unable to obtain Repeat (STR) analysis. With PCR testing, tiny amounts of a Uba, a letter from his estranged wife in the early morning of
comparable evidence by other reasonably available means. specific DNA sequence can be copied exponentially within June 30, 1998; (4) Appellant was seen by Apolonia Wania and
Neither of these conditions is met on the facts of this case. hours. Thus, getting sufficient DNA for analysis has become Beverly Denneng at 1:00 p.m. of June 30, 1998 near the
[italics supplied.] much easier since it became possible to reliably amplify small kitchen of the house of Isabel Dawang, acting strangely and
samples using the PCR method. wearing a dirty white shirt with collar; (5) Judilyn Pas-a saw
From the above cases, it is clear that what is crucial is the
appellant going down the ladder of the house of Isabel at
requirement of materiality of the semen specimen sought for In assessing the probative value of DNA evidence, courts
12:30 p.m., wearing a dirty white shirt, and again at 1:30 p.m.,
DNA testing. Appellant Webb must be able to demonstrate a should consider, inter alia, the following factors: how the
this time wearing a black shirt; (6) Appellant hurriedly left
reasonable probability that the DNA sample would prove his samples were collected, how they were handled, the
when the husband of Judilyn Pas-a was approaching; (7)
innocence. Evidence is material where "there is reasonable possibility of contamination of the samples, the procedure
Salmalina Tandagan saw appellant in a dirty white shirt
probability that, had the evidence been disclosed to the followed in analyzing the samples, whether the proper
coming down the ladder of the house of Isabel on the day
defense, the result of the proceeding would have been standards and procedures were followed in conducting the
Kathylyn Uba was found dead; (8) The door leading to the
different."186 tests, and the qualification of the analyst who conducted the
second floor of the house of Isabel Dawang was tied by a
tests.
In People v. Yatar,187 decided before the promulgation of the rope; (9) The victim, Kathylyn Uba, lay naked in a pool of blood
Rule on DNA Evidence, the Court expounded on the nature of In the case at bar, Dr. Maria Corazon Abogado de Ungria was with her intestines protruding from her body on the second
DNA evidence and the factors to be considered in assessing duly qualified by the prosecution as an expert witness on DNA floor of the house of Isabel Dawang, with her stained pants,
its probative value in the context of scientific and legal print or identification techniques. Based on Dr. de Ungrias bra, underwear and shoes scattered along the periphery; (10)
developments. The proper judicial approach is founded on testimony, it was determined that the gene type and DNA Laboratory examination revealed sperm in the victims vagina
the concurrence of relevancy and reliability. Most important, profile of appellant are identical to that of the extracts subject (Exhibits "H" and "J"); (11) The stained or dirty white shirt
forensic identification though useful does not preclude of examination. The blood sample taken from the appellant found in the crime scene was found to be positive with blood;
independent evidence of identification. showed that he was of the following gene types: vWA 15/19, (12) DNA of slide, Exhibits "J" and "H", compared with the
TH01 7/8, DHFRP2 9/10 and CSF1PO 10/11, which are DNA profile of the appellant are identical; and (13) Appellant
DNA is a molecule that encodes the genetic information in all
identical with semen taken from the victims vaginal canal. escaped two days after he was detained but was
living organisms. A persons DNA is the same in each cell and
Verily, a DNA match exists between the semen found in the subsequently apprehended, such flight being indicative of
it does not change throughout a persons lifetime; the DNA in
victim and the blood sample given by the appellant in open guilt.188 [emphasis supplied.]
a persons blood is the same as the DNA found in his saliva,
court during the course of the trial.
sweat, bone, the root and shaft of hair, earwax, mucus, urine, Indeed, in other jurisdictions it has been recognized that DNA
skin tissue, and vaginal and rectal cells. Most importantly, Admittedly, we are just beginning to integrate these test results are not always exculpatory.
because of polymorphisms in human genetic structure, no advances in science and technology in the Philippine criminal
Postconviction test results are not always exculpatory. In
two individuals have the same DNA, with the notable justice system, so we must be cautious as we traverse these
addition, exculpatory test results will not necessarily free the
exception of identical twins. relatively unchartered waters. Fortunately, we can benefit
convicted individual. If the evidence does exclude the
from the wealth of persuasive jurisprudence that has
DNA print or identification technology has been advanced as petitioner, the court must weigh the significance of the
developed in other jurisdictions. Specifically, the prevailing
a uniquely effective means to link a suspect to a crime, or to exclusion in relation to all the other evidence. Convicted
doctrine in the U.S. has proven instructive.
exonerate a wrongly accused suspect, where biological offenders often believe that if crime scene evidence does not
evidence has been left. For purposes of criminal In Daubert v. Merrell Dow, it was ruled that pertinent contain their DNA they will automatically be exonerated. Not
investigation, DNA identification is a fertile source of both evidence based on scientifically valid principles could be finding the petitioners DNA does not automatically indicate
inculpatory and exculpatory evidence. It can assist used as long as it was relevant and reliable. Judges, the case should be overturned, however. In a rape case, for
immensely in effecting a more accurate account of the crime under Daubert, were allowed greater discretion over which example, the perpetrator may have worn a condom, or not
committed, efficiently facilitating the conviction of the guilty, testimony they would allow at trial, including the introduction ejaculated. In some cases, the absence of evidence is not
securing the acquittal of the innocent, and ensuring the of new kinds of scientific techniques. DNA typing is one such necessarily evidence of the defendants absence or lack of
proper administration of justice in every case. novel procedure. involvement in the crime.189
DNA evidence collected from a crime scene can link a Under Philippine law, evidence is relevant when it relates We hold that the source of the semen extracted from the
suspect to a crime or eliminate one from suspicion in the directly to a fact in issue as to induce belief in its existence or vaginal cavity of the deceased victim is immaterial in
same principle as fingerprints are used. Incidents involving non-existence. Applying the Daubert test to the case at bar, determining Webbs guilt. From the totality of the evidence
sexual assault would leave biological evidence such as hair, the DNA evidence obtained through PCR testing and utilizing presented by both the prosecution and the defense, Webb
skin tissue, semen, blood, or saliva which can be left on the STR analysis, and which was appreciated by the court a quo was positively identified as Carmelas rapist.
victims body or at the crime scene. Hair and fiber from is relevant and reliable since it is reasonably based on
As the records bear out, the positive identification of
clothing, carpets, bedding, or furniture could also be scientifically valid principles of human genetics and
appellant Webb as Carmelas rapist satisfied the test of moral
transferred to the victims body during the assault. Forensic molecular biology.
certainty, and the prosecution had equally established
DNA evidence is helpful in proving that there was physical
Independently of the physical evidence of appellants semen beyond reasonable doubt the fact of rape and the unlawful
contact between an assailant and a victim. If properly
found in the victims vaginal canal, the trial court appreciated killing of Carmela, Estrellita and Jennifer on the occasion
collected from the victim, crime scene or assailant, DNA can
the following circumstantial evidence as being sufficient to thereof. Even assuming that the DNA analysis of the semen
be compared with known samples to place the suspect at the
sustain a conviction beyond reasonable doubt: (1) Appellant specimen taken from Carmelas body hours after her death
scene of the crime.
and his wife were living in the house of Isabel Dawang excludes Webb as the source thereof, it will not exonerate him
The U.P. National Science Research Institute (NSRI), which together with the victim, Kathylyn Uba; (2) In June 1998, from the crime charged. Alfaro did not testify that Webb had
conducted the DNA tests in this case, used the Polymerase appellants wife left the house because of their frequent ejaculated or did not use a condom while raping Carmela. She

Evidence CASES: I. GENERAL PRINCIPLES Page 52 of 54

testified that she saw Webb rape Carmela and it was only him custody until six weeks later. The failure of the police to The Court sustains the award of P100,000.00 as civil
she had witnessed to have committed the rape inside the refrigerate the clothing and to perform tests on the semen indemnity, pursuant to current jurisprudence that in cases of
Vizconde residence between late evening of June 29, 1991 samples can at worst be described as negligent. None of this rape with homicide, civil indemnity in the amount
and early morning of June 30, 1991. Moreover, she did not information was concealed from respondent at trial, and the of P100,000.00 should be awarded to the heirs of the
testify that Carmela had no sexual relations with any other evidence such as it was was made available to victim.192Civil indemnity is mandatory and granted to the heirs
man at least 24 hours prior to that time. On the other hand, a respondents expert who declined to perform any tests on the of the victims without need of proof other than the
positive result of DNA examination of the semen specimen samples. The Arizona Court of Appeals noted in its opinion commission of the crime. For the deaths of Estrellita and
extracted by Dr. Cabanayan from Carmelas cadaver would and we agreethat there was no suggestion of bad faith on Jennifer, the award of civil indemnity ex delicto to their
merely serve as corroborative evidence. the part of the police. It follows, therefore, from what we have heirs, was likewise in order, in the amount of P50,000.00
said, that there was no violation of the Due Process Clause. each.193 Following People v. Dela Cruz,194 P75,000.00 civil
As to the loss of the semen specimen in the custody of the
[emphasis supplied.] indemnity and P75,000 moral damages in rape cases are
NBI, appellant Webbs contention that this would entitle him
awarded only if they are classified as heinous.195As the rape-
to an acquittal on the basis of Brady v. Maryland is misplaced. In this case, there is no showing of bad faith on the part of the
slay of Carmela took place in 1991, R.A. No. 7659 entitled "AN
police investigators, specifically the NBI, for the non-
In Arizona v. Youngblood,190 a 10-year old boy was molested ACT TO IMPOSE DEATH PENALTY ON CERTAIN HEINOUS
production of the vaginal swab and glass slide containing the
and sodomized by the accused, a middle-aged man, for 1 CRIMES, AMENDING FOR THAT PURPOSE THE REVISED
semen specimen, during the trial and upon our recent order
hours. After the assault, the boy was examined in a hospital PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS,
for DNA testing. The prosecution did not conceal at anytime
where the physician used swab to collect specimen from the AND FOR OTHER PURPOSES," which was approved on
the existence of those vaginal swab and glass slide
boys rectum and mouth, but did not examine them at December 13, 1993 and was to become effective fifteen (15)
containing the vaginal smear. Curiously, despite Dr.
anytime. These samples were refrigerated but the boys days after its publication in two national newspapers of
Cabanayans admission during the hearing that it was still
clothing was not. Accused was identified by the victim in a general circulation, was not yet effective.196
possible to subject the semen specimen to DNA analysis, the
photographic lineup and was convicted of child molestation,
defense never raised the issue thereafter and resurrected As to moral damages, recent jurisprudence allows the
sexual assault and kidnapping. During the trial, expert
the matter only in October 1997 when Webbs counsel filed amount of P75,000.00 to be awarded in cases of rape with
witnesses had testified that timely performance of tests with
his motion. homicide.197 We find the amount of P2,000,000.00 as moral
properly preserved semen samples could have produced
damages awarded by the RTC as affirmed by the CA, rather
results that might have completely exonerated the accused. It bears to stress that the vaginal smear itself was not formally
excessive. While courts have a wide latitude in ascertaining
The Court held: offered by the prosecution, but only the photographs of the
the proper award for moral damages, the award should not
glass slide containing the semen specimen for the purpose
There is no question but that the State complied with Brady be to such an extent that it inflicts injustice on the
only of proving that Carmela was in fact raped and not that
and Agurs here. The State disclosed relevant police reports accused.198 The award of P2,000,000.00 as moral damages to
Webb was the source of the sperm/semen. As noted by the
to respondent, which contained information about the the heir of the victims should accordingly be reduced
RTC when it denied Webbs motion for DNA on November 25,
existence of the swab and the clothing, and the boys to P500,000.00. The rest of the awards given by the trial court
1997, prevailing jurisprudence stated that DNA being a
examination at the hospital. The State provided respondents are affirmed.
relatively new science then, has not yet been accorded
expert with the laboratory reports and notes prepared by the
official recognition by our courts. The RTC also considered In view of the foregoing, I respectfully vote that the appeals in
police criminologist, and respondents expert had access to
the more than six (6) years that have elapsed since the the above-entitled cases be DISMISSED and the Decision
the swab and to the clothing.
commission of the crime in June 1991, thus the possibility of dated December 15, 2005 of the Court of Appeals in CA-G.R.
xxxx the specimen having been tampered with or contaminated. CR H.C. No. 00336 be AFFIRMED with MODIFICATION only as
Acting on reasonable belief that the proposed DNA to the award of damages.
The Due Process Clause of the Fourteenth Amendment, as
examination will not serve the ends of justice but instead lead
interpreted in Brady, makes the good or bad faith of the State MARTIN S. VILLARAMA, JR.
to complication and confusion of the issues of the case, the
irrelevant when the State fails to disclose to the defendant
trial court properly denied Webbs request for DNA testing.
material exculpatory evidence. But we think the Due Process
Clause requires a different result when we deal with the We thus reiterate that the vaginal smear confirming the G.R. No. 72883 December 20, 1989
failure of the State to preserve evidentiary material of which presence of spermatozoa merely corroborated Alfaros
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
no more can be said than that it could have been subjected to testimony that Carmela was raped before she was killed.
AURELIO ESPINOSA @ "ROLLY" and JESUS FLORO y
tests, the results of which might have exonerated the Indeed, the presence or absence of spermatozoa is
JUNDOY, accused. JESUS FLORO y JUNDOY, accused-
defendant. x x x We think that requiring a defendant to show immaterial in a prosecution for rape. The important
appellant.
bad faith on the part of the police both limits the extent of the consideration in rape cases is not the emission of semen but
polices obligation to preserve evidence to reasonable the unlawful penetration of the female genitalia by the male The Solicitor General for plaintiff-appellee.
bounds and confines it to that class of cases where the organ.191 On the other hand, a negative result of DNA
interests of justice most clearly require it, i.e., those cases in examination of the semen specimen could not have
Raul Austria Bo for accused-appellant Jesus Floro.
which the police themselves by their conduct indicate that the exonerated Webb of the crime charged as his identity as a
evidence could form a basis for exonerating the defendant. principal in the rape-slay of Carmela was satisfactorily
We therefore hold that unless a criminal defendant can show established by the totality of the evidence. A finding that the CRUZ, J.:
bad faith on the part of the police, failure to preserve semen specimen did not match Webbs DNA does not Ariel Mamucod got a black eye and his father wanted to know
potentially useful evidence does not constitute a denial of due necessarily negate his presence at the locus criminis. why. But he never did find out. On his way to the barangay
process of law. chairman, he was accosted by two persons, who hit him in the
Civil Liability of Appellants
In this case, the police collected the rectal swab and clothing head and stabbed him in the chest and back. The following
on the night of the crime: respondent was not taken into day, Jaime Mamucod was dead.

Evidence CASES: I. GENERAL PRINCIPLES Page 53 of 54

The incident happened on May 6, 1981 but an information for
murder was filed only on July 19, 1983. 1Accused were
Aurelio Espinosa and Jesus Floro. Espinosa was never tried
and remains at large. Only Floro is appealing the decision of
the trial court sentencing him to reclusion perpetua and
payment of P 30,000.00 civil indemnity to the victim's heirs. 2
The chief witnesses for the prosecution were the victim's two
sons, Arnold and Ariel. Both of them were with their father
when the jeep he was driving was blocked by the killers at
Almeda Street, in Santa Cruz, Manila, at about 9 o'clock in the
evening. The brothers identified the culprits as Espinosa and
Floro. It was Floro who first attacked Jaime, hitting him in the
head with a hard object about a foot long and wrapped in a
newspaper. When the victim fell off the jeep as a result of the
blow, Espinosa stabbed him repeatedly in the back with a fan
knife. Floro, using an ice pick, stabbed Jaime several times in
the chest. Jaime ran for his life but his attackers pursued and
continued stabbing him until the latter fell into a ditch. The
two assailants then walked away fast. Ariel boarded his dying
father on a tricycle and brought him to the Jose Reyes
Memorial Hospital, where he expired from his wounds the
next day. 3
The testimonies of the brothers were corroborated by Manuel
Buenaventura, who said he saw the stabbing while he was on
a tricycle waiting to cross Abad Santos Street. He also
identified Jaime's killers as the two accused. 4The necropsy
report submitted by Dr. Luis Larion, medico-legal officer of
the Western Police District, (which was admitted by the
defense without his testimony) declared that Jaime Mamucod
died as a result of "profuse hemorrhage and shock due to
multiple stab wounds penetrating the chest and piercing the
right lung and branches of the right pulmonary artery and
vein." 5 Another witness for the prosecution, Sgt. Juanita
Yang of the Western Police District, testified that it was he
who investigated the killing and took the statements of the
victim's two sons implicating Espinosa and Floro. 6
The defense invoked alibi. Testifying for himself, Floro
admitted that he was at the basketball court earlier in the
evening of May 6, 1981, as he was coaching one of the
competing teams. But he left later because the games had
been called off and at the time of the stabbing he was in his
house on Almeda Street. On cross examination, he declared
that his house was only about two hundred meters or two or
three minutes walk from the scene of the crime. 7
A prosecution witness, Lilia Silva, was also asked to testify for
the defense because she said she saw Espinosa chasing and
stabbing Jaime when the latter stumbled but made no
mention of Floro. When asked by defense counsel if she saw
Floro stabbing the victim, she said she did not. 8
The appellant's brief faulted the trial court for accepting the
testimonies of the Mamucod brothers despite their
inconsistencies and contradictions. The defense stressed
that whereas Arnold said Floro hit Jaime in the nape of the
neck, Ariel said it was on the top of the head, and that while
Arnold said Jaime was stabbed while lying on the ground,
Ariel said it was while his father was standing. It was also shapes." 10 Stabbing may be done with an ice pick and the
unbelievable that after the stabbing Ariel should say, "Tatay, puncture is correctly called a stab wound.
let us go home," when the natural thing to do was to rush the
The appellant's brief did not dispute the finding of the trial
dying man to the nearest hospital for immediate treatment.
judge that Floro was in hiding for more than two
Noting that the necropsy report spoke only of stab wounds years, 11 which may explain why the information against him
and not punctured wounds, the defense also stressed that could not be filed in 1981, when Jaime Mamucod was killed. It
this proved the brothers were lying when they swore that would also suggest that the accused-appellant is not innocent
their father had been stabbed by Floro with an ice pick. as he claims, for as we have repeatedly observed,
unexplained flight is an indication of guilt. 12 "The guilty flee
The Court has examined the evidence of the parties and sees
when no man pursueth but the innocent are as bold as a lion."
no reason for overturning the findings of Judge Rosalio A. de
Leon, who had the opportunity to observe the witnesses on Finally, there is the question of conspiracy. Floro would
the stand and assess their credibility by the various indicia distance himself from Espinosa and impute the whole blame
available to the trial court but not reflected in the record. The to his absent co-accused for the killing of Jaime Mamucod.
demeanor of the person on the stand can draw the line The evidence shows, however, that they acted in concert in
between fact and fancy. The forthright answer or the hesitant pursuit of a common design. Floro and Espinosa together
pause, the quivering voice or the angry tone, the flustered blocked Jaime's jeep and told him not to disturb the
look or the sincere gaze, the modest blush or the guilty basketball game (although there was none in progress). Floro
blanch-these can reveal if the witness is telling the truth or first hit Jaime with the foot-long stick or pipe earlier
lying in his teeth. Absent then a showing that the conclusions concealed in a newspaper. Then Espinosa drew his fan-knife
of the trial court are arbitrary or without basis, they must be and stabbed Jaime in the back. Then Floro drew his ice pick
regarded with respect and accepted as conclusive on appeal. and stabbed Jaime in the chest. When Jaime ran away from
them, they pursued him and continued stabbing him. Finally,
The discrepancies in the declarations of Arnold and Ariel are
with their victim dying in the ditch, both assailants fled
not unnatural or evidence of perjury. When their father was
together and disappeared. It is clear from their acts that the
attacked, Arnold was seated at the front of the jeep beside
two had come to an agreement concerning the attack on
Jaime and Ariel was sitting behind them. The two brothers
9
Jaime and decided to commit it. There was thus a conspiracy
had therefore different vantage points that gave each of them
that made each conspirator liable for the other's acts.
a separate view of the incident. Moreover, it should also be
considered that the man being stabbed before their very eyes We agree that the killing of Jaime Mamucod was attended
was their father. Under this traumatizing and shocking with treachery, qualifying the crime to murder. The victim
circumstance, the two sons, who were then only sixteen and was totally defenseless. He was caught by surprise when
fifteeen respectively, can hardly be expected to remember Espinosa and Floro, whom he considered his friends,
the grisly stabbing in perfect detail. suddenly attacked him. Without warning, he was hit in the
head, then stabbed in the back. Thus disabled, he was
As for Lilia Silva, her testimony is less than conclusive of
stabbed in the chest. And even as he ran for his life, he was
Floro's innocence. The mere fact that she did not see Floro at
pursued and stabbed some more when he stumbled. He
the scene of the crime does not prove he was not there as she
never had a chance to save his life.
obviously was narrating only the latter part of the incident.
Besides, she added that there were many people around, What prompted the vicious attack must remain a mystery to
which could be the reason she did not notice Floro. At any this Court. Proof of motive is, of course, not necessary for the
rate, her testimony cannot cancel the sworn declarations of conviction of the accused-appellant in view of his positive
Arnold and Ariel that they actually saw Espinosa and Floro identification as one of the killers. Even so, one may well
killing Jaime Mamucod. wonder why a human life was taken for no apparent reason
and another life must now be needlessly spent in the shadow
The two sons could hardly have made a mistake regarding
of the prison bars.
this matter. Indeed, the memory of these men is not easily
blurred and must have been indelibly imprinted in their young WHEREFORE, the appealed judgment is AFFIRMED in
and impressionable minds. They had no motive for falsely toto with costs against the accused-appellant.
Identifying Espinosa and the accused-appellant. The only
SO ORDERED.
reason for naming them is the logical one: that Espinosa and
Floro were the men who killed their father.
The contention that the necropsy report did not mention any
punctured wounds must be rejected. The phrase "stab
wounds" is used generically to include all wounds that may
be caused "by weapons such as knives, scissors, three-
cornered files, or ice picks with a circular shaft all possessing
a sharp point but having blades of different
Evidence CASES: I. GENERAL PRINCIPLES Page 54 of 54