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On February 8, 1993, the RTC issued a writ of preliminary injunction The Ordinance, it is argued, is also a valid exercise of the power of the City
ordering the city to desist from the enforcement of the Ordinance.15 A under Article III, Section 18(kk) of the Revised Manila Charter, thus:
month later, on March 8, 1993, the Solicitor General filed his Comment
arguing that the Ordinance is constitutional. "to enact all ordinances it may deem necessary and proper for the
sanitation and safety, the furtherance of the prosperity and the promotion
During the pre-trial conference, the WLC, TC and STDC agreed to submit of the morality, peace, good order, comfort, convenience and general
the case for decision without trial as the case involved a purely legal welfare of the city and its inhabitants, and such others as be necessary to
question.16 On October 20, 1993, the RTC rendered a decision declaring the carry into effect and discharge the powers and duties conferred by this
Ordinance null and void. The dispositive portion of the decision reads: Chapter; and to fix penalties for the violation of ordinances which shall not
exceed two hundred pesos fine or six months imprisonment, or both such
WHEREFORE, in view of all the foregoing, [O]rdinance No. 7774 of the City fine and imprisonment for a single offense.23
of Manila is hereby declared null and void.
Petitioners argued that the Ordinance is unconstitutional and void since it
Accordingly, the preliminary injunction heretofor issued is hereby made violates the right to privacy and the freedom of movement; it is an invalid
permanent. exercise of police power; and it is an unreasonable and oppressive
interference in their business.
SO ORDERED.17
The Court of Appeals reversed the decision of the RTC and affirmed the
constitutionality of the Ordinance.24 First, it held that the Ordinance did
not violate the right to privacy or the freedom of movement, as it only Nonetheless, the general rules on standing admit of several exceptions
penalizes the owners or operators of establishments that admit individuals such as the overbreadth doctrine, taxpayer suits, third party standing and,
for short time stays. Second, the virtually limitless reach of police power is especially in the Philippines, the doctrine of transcendental importance.31
only constrained by having a lawful object obtained through a lawful
method. The lawful objective of the Ordinance is satisfied since it aims to For this particular set of facts, the concept of third party standing as an
curb immoral activities. There is a lawful method since the establishments exception and the overbreadth doctrine are appropriate. In Powers v.
are still allowed to operate. Third, the adverse effect on the establishments Ohio,32
the United States Supreme Court wrote that: "We have recognized
is justified by the well-being of its constituents in general. Finally, as held the right of litigants to bring actions on behalf of third parties, provided
in Ermita-Malate Motel Operators Association v. City Mayor of Manila, three important criteria are satisfied: the litigant must have suffered an
liberty is regulated by law. ‘injury-in-fact,’ thus giving him or her a "sufficiently concrete interest" in
the outcome of the issue in dispute; the litigant must have a close relation
TC, WLC and STDC come to this Court via petition for review on to the third party; and there must exist some hindrance to the third party's
certiorari.25 In their petition and Memorandum, petitioners in essence ability to protect his or her own interests."33 Herein, it is clear that the
repeat the assertions they made before the Court of Appeals. They business interests of the petitioners are likewise injured by the Ordinance.
contend that the assailed Ordinance is an invalid exercise of police power. They rely on the patronage of their customers for their continued viability
which appears to be threatened by the enforcement of the Ordinance. The
II. relative silence in constitutional litigation of such special interest groups in
our nation such as the American Civil Liberties Union in the United States
We must address the threshold issue of petitioners’ standing. Petitioners may also be construed as a hindrance for customers to bring suit.34
allege that as owners of establishments offering "wash-up" rates, their
business is being unlawfully interfered with by the Ordinance. However, American jurisprudence is replete with examples where parties-in-interest
petitioners also allege that the equal protection rights of their clients are were allowed standing to advocate or invoke the fundamental due process
also being interfered with. Thus, the crux of the matter is whether or not or equal protection claims of other persons or classes of persons injured
these establishments have the requisite standing to plead for protection of by state action. In Griswold v. Connecticut,35
the United States Supreme
their patrons' equal protection rights. Court held that physicians had standing to challenge a reproductive health
statute that would penalize them as accessories as well as to plead the
Standing or locus standi is the ability of a party to demonstrate to the court constitutional protections available to their patients. The Court held that:
sufficient connection to and harm from the law or action challenged to
support that party's participation in the case. More importantly, the "The rights of husband and wife, pressed here, are likely to be diluted or
doctrine of standing is built on the principle of separation of powers,26 adversely affected unless those rights are considered in a suit involving
sparing as it does unnecessary interference or invalidation by the judicial those who have this kind of confidential relation to them."36
branch of the actions rendered by its co-equal branches of government.
An even more analogous example may be found in Craig v. Boren,37 wherein
The requirement of standing is a core component of the judicial system the United States Supreme Court held that a licensed beverage vendor has
derived directly from the Constitution.27 The constitutional component of standing to raise the equal protection claim of a male customer
standing doctrine incorporates concepts which concededly are not challenging a statutory scheme prohibiting the sale of beer to males under
susceptible of precise definition.28 In this jurisdiction, the extancy of "a the age of 21 and to females under the age of 18. The United States High
direct and personal interest" presents the most obvious cause, as well as Court explained that the vendors had standing "by acting as advocates of
the standard test for a petitioner's standing.29 In a similar vein, the United the rights of third parties who seek access to their market or function."38
States Supreme Court reviewed and elaborated on the meaning of the
three constitutional standing requirements of injury, causation, and Assuming arguendo that petitioners do not have a relationship with their
redressability in Allen v. Wright.30
patrons for the former to assert the rights of the latter, the overbreadth
doctrine comes into play. In overbreadth analysis, challengers to
government action are in effect permitted to raise the rights of third
parties. Generally applied to statutes infringing on the freedom of speech,
the overbreadth doctrine applies when a statute needlessly restrains even The Ordinance prohibits two specific and distinct business practices,
constitutionally guaranteed rights.39 In this case, the petitioners claim that namely wash rate admissions and renting out a room more than twice a
the Ordinance makes a sweeping intrusion into the right to liberty of their day. The ban is evidently sought to be rooted in the police power as
clients. We can see that based on the allegations in the petition, the conferred on local government units by the Local Government Code
Ordinance suffers from overbreadth. through such implements as the general welfare clause.
We thus recognize that the petitioners have a right to assert the A.
constitutional rights of their clients to patronize their establishments for a
"wash-rate" time frame. Police power, while incapable of an exact definition, has been purposely
veiled in general terms to underscore its comprehensiveness to meet all
III. exigencies and provide enough room for an efficient and flexible response
as the conditions warrant.42 Police power is based upon the concept of
To students of jurisprudence, the facts of this case will recall to mind not necessity of the State and its corresponding right to protect itself and its
only the recent City of Manila ruling, but our 1967 decision in people.43 Police power has been used as justification for numerous and
Ermita-Malate Hotel and Motel Operations Association, Inc., v. Hon. City varied actions by the State. These range from the regulation of dance
Mayor of Manila.40 Ermita-Malate concerned the City ordinance requiring halls,44 movie theaters,45 gas stations46 and cockpits.47 The awesome scope
patrons to fill up a prescribed form stating personal information such as of police power is best demonstrated by the fact that in its hundred or so
name, gender, nationality, age, address and occupation before they could years of presence in our nation’s legal system, its use has rarely been
be admitted to a motel, hotel or lodging house. This earlier ordinance was denied.
precisely enacted to minimize certain practices deemed harmful to public
morals. A purpose similar to the annulled ordinance in City of Manila The apparent goal of the Ordinance is to minimize if not eliminate the use
which sought a blanket ban on motels, inns and similar establishments in of the covered establishments for illicit sex, prostitution, drug use and
the Ermita-Malate area. However, the constitutionality of the ordinance in alike. These goals, by themselves, are unimpeachable and certainly fall
Ermita-Malate was sustained by the Court. within the ambit of the police power of the State. Yet the desirability of
these ends do not sanctify any and all means for their achievement. Those
The common thread that runs through those decisions and the case at bar means must align with the Constitution, and our emerging sophisticated
goes beyond the singularity of the localities covered under the respective analysis of its guarantees to the people. The Bill of Rights stands as a
ordinances. All three ordinances were enacted with a view of regulating rebuke to the seductive theory of Macchiavelli, and, sometimes even, the
public morals including particular illicit activity in transient lodging political majorities animated by his cynicism.
establishments. This could be described as the middle case, wherein there
is no wholesale ban on motels and hotels but the services offered by these Even as we design the precedents that establish the framework for analysis
establishments have been severely restricted. At its core, this is another of due process or equal protection questions, the courts are naturally
case about the extent to which the State can intrude into and regulate the inhibited by a due deference to the co-equal branches of government as
lives of its citizens. they exercise their political functions. But when we are compelled to
nullify executive or legislative actions, yet another form of caution
The test of a valid ordinance is well established. A long line of decisions emerges. If the Court were animated by the same passing fancies or
including City of Manila has held that for an ordinance to be valid, it must turbulent emotions that motivate many political decisions, judicial
not only be within the corporate powers of the local government unit to integrity is compromised by any perception that the judiciary is merely the
enact and pass according to the procedure prescribed by law, it must also third political branch of government. We derive our respect and good
conform to the following substantive requirements: (1) must not standing in the annals of history by acting as judicious and neutral arbiters
contravene the Constitution or any statute; (2) must not be unfair or of the rule of law, and there is no surer way to that end than through the
oppressive; (3) must not be partial or discriminatory; (4) must not prohibit development of rigorous and sophisticated legal standards through which
but may regulate trade; (5) must be general and consistent with public the courts analyze the most fundamental and far-reaching constitutional
policy; and (6) must not be unreasonable.41 questions of the day.
B. two standards of judicial review were established: strict scrutiny for laws
dealing with freedom of the mind or restricting the political process, and
The primary constitutional question that confronts us is one of due the rational basis standard of review for economic legislation.
process, as guaranteed under Section 1, Article III of the Constitution. Due
process evades a precise definition.48 The purpose of the guaranty is to A third standard, denominated as heightened or immediate scrutiny, was
prevent arbitrary governmental encroachment against the life, liberty and later adopted by the U.S. Supreme Court for evaluating classifications
property of individuals. The due process guaranty serves as a protection based on gender53 and legitimacy.54 Immediate scrutiny was adopted by the
against arbitrary regulation or seizure. Even corporations and partnerships U.S. Supreme Court in Craig,55 after the Court declined to do so in Reed v.
are protected by the guaranty insofar as their property is concerned. Reed.56 While the test may have first been articulated in equal protection
analysis, it has in the United States since been applied in all substantive
The due process guaranty has traditionally been interpreted as imposing due process cases as well.
two related but distinct restrictions on government, "procedural due
process" and "substantive due process." Procedural due process refers to We ourselves have often applied the rational basis test mainly in analysis of
the procedures that the government must follow before it deprives a equal protection challenges.57 Using the rational basis examination, laws or
person of life, liberty, or property.49 Procedural due process concerns itself ordinances are upheld if they rationally further a legitimate governmental
with government action adhering to the established process when it makes interest.58 Under intermediate review, governmental interest is extensively
an intrusion into the private sphere. Examples range from the form of examined and the availability of less restrictive measures is considered.59
notice given to the level of formality of a hearing. Applying strict scrutiny, the focus is on the presence of compelling, rather
than substantial, governmental interest and on the absence of less
If due process were confined solely to its procedural aspects, there would restrictive means for achieving that interest.
arise absurd situation of arbitrary government action, provided the proper
formalities are followed. Substantive due process completes the protection In terms of judicial review of statutes or ordinances, strict scrutiny refers
envisioned by the due process clause. It inquires whether the government to the standard for determining the quality and the amount of
has sufficient justification for depriving a person of life, liberty, or governmental interest brought to justify the regulation of fundamental
property.50 freedoms.60 Strict scrutiny is used today to test the validity of laws dealing
with the regulation of speech, gender, or race as well as other fundamental
The question of substantive due process, moreso than most other fields of rights as expansion from its earlier applications to equal protection.61 The
law, has reflected dynamism in progressive legal thought tied with the United States Supreme Court has expanded the scope of strict scrutiny to
expanded acceptance of fundamental freedoms. Police power, traditionally protect fundamental rights such as suffrage,62 judicial access63and
awesome as it may be, is now confronted with a more rigorous level of interstate travel.64
analysis before it can be upheld. The vitality though of constitutional due
process has not been predicated on the frequency with which it has been If we were to take the myopic view that an Ordinance should be analyzed
utilized to achieve a liberal result for, after all, the libertarian ends should strictly as to its effect only on the petitioners at bar, then it would seem
sometimes yield to the prerogatives of the State. Instead, the due process that the only restraint imposed by the law which we are capacitated to act
clause has acquired potency because of the sophisticated methodology upon is the injury to property sustained by the petitioners, an injury that
that has emerged to determine the proper metes and bounds for its would warrant the application of the most deferential standard – the
application. rational basis test. Yet as earlier stated, we recognize the capacity of the
petitioners to invoke as well the constitutional rights of their patrons –
C. those persons who would be deprived of availing short time access or
wash-up rates to the lodging establishments in question.
The general test of the validity of an ordinance on substantive due process
grounds is best tested when assessed with the evolved footnote 4 test laid Viewed cynically, one might say that the infringed rights of these
down by the U.S. Supreme Court in U.S. v. Carolene Products.51 Footnote 4 customers were are trivial since they seem shorn of political consequence.
of the Carolene Products case acknowledged that the judiciary would defer Concededly, these are not the sort of cherished rights that, when
to the legislature unless there is a discrimination against a "discrete and proscribed, would impel the people to tear up their cedulas. Still, the Bill of
insular" minority or infringement of a "fundamental right."52 Consequently,
Rights does not shelter gravitas alone. Indeed, it is those "trivial" yet atmosphere for clandestine entry, presence and exit and thus became the
fundamental freedoms – which the people reflexively exercise any day ‘ideal haven for prostitutes and thrill-seekers.’"68 Whether or not this
without the impairing awareness of their constitutional consequence – depiction of a mise-en-scene of vice is accurate, it cannot be denied that
that accurately reflect the degree of liberty enjoyed by the people. Liberty, legitimate sexual behavior among willing married or consenting single
as integrally incorporated as a fundamental right in the Constitution, is not adults which is constitutionally protected69 will be curtailed as well, as it
a Ten Commandments-style enumeration of what may or what may not be was in the City of Manila case. Our holding therein retains significance for
done; but rather an atmosphere of freedom where the people do not feel our purposes:
labored under a Big Brother presence as they interact with each other,
their society and nature, in a manner innately understood by them as The concept of liberty compels respect for the individual whose claim to
inherent, without doing harm or injury to others. privacy and interference demands respect. As the case of Morfe v. Mutuc,
borrowing the words of Laski, so very aptly stated:
D.
Man is one among many, obstinately refusing reduction to unity. His
The rights at stake herein fall within the same fundamental rights to liberty separateness, his isolation, are indefeasible; indeed, they are so
which we upheld in City of Manila v. Hon. Laguio, Jr. We expounded on fundamental that they are the basis on which his civic obligations are built.
that most primordial of rights, thus: He cannot abandon the consequences of his isolation, which are, broadly
speaking, that his experience is private, and the will built out of that
Liberty as guaranteed by the Constitution was defined by Justice Malcolm experience personal to himself. If he surrenders his will to others, he
to include "the right to exist and the right to be free from arbitrary surrenders himself. If his will is set by the will of others, he ceases to be a
restraint or servitude. The term cannot be dwarfed into mere freedom master of himself. I cannot believe that a man no longer a master of
from physical restraint of the person of the citizen, but is deemed to himself is in any real sense free.
embrace the right of man to enjoy the facilities with which he has been
endowed by his Creator, subject only to such restraint as are necessary for Indeed, the right to privacy as a constitutional right was recognized in
the common welfare."[65] In accordance with this case, the rights of the Morfe, the invasion of which should be justified by a compelling state
citizen to be free to use his faculties in all lawful ways; to live and work interest. Morfe accorded recognition to the right to privacy independently
where he will; to earn his livelihood by any lawful calling; and to pursue of its identification with liberty; in itself it is fully deserving of
any avocation are all deemed embraced in the concept of liberty.[66] constitutional protection. Governmental powers should stop short of
certain intrusions into the personal life of the citizen.70
The U.S. Supreme Court in the case of Roth v. Board of Regents, sought to
clarify the meaning of "liberty." It said: We cannot discount other legitimate activities which the Ordinance would
proscribe or impair. There are very legitimate uses for a wash rate or
While the Court has not attempted to define with exactness the liberty . . . renting the room out for more than twice a day. Entire families are known
guaranteed [by the Fifth and Fourteenth Amendments], the term denotes to choose pass the time in a motel or hotel whilst the power is
not merely freedom from bodily restraint but also the right of the momentarily out in their homes. In transit passengers who wish to wash
individual to contract, to engage in any of the common occupations of life, up and rest between trips have a legitimate purpose for abbreviated stays
to acquire useful knowledge, to marry, establish a home and bring up in motels or hotels. Indeed any person or groups of persons in need of
children, to worship God according to the dictates of his own conscience, comfortable private spaces for a span of a few hours with purposes other
and generally to enjoy those privileges long recognized . . . as essential to than having sex or using illegal drugs can legitimately look to staying in a
the orderly pursuit of happiness by free men. In a Constitution for a free motel or hotel as a convenient alternative.
people, there can be no doubt that the meaning of "liberty" must be broad
indeed.67 [Citations omitted] E.
It cannot be denied that the primary animus behind the ordinance is the That the Ordinance prevents the lawful uses of a wash rate depriving
curtailment of sexual behavior. The City asserts before this Court that the patrons of a product and the petitioners of lucrative business ties in with
subject establishments "have gained notoriety as venue of ‘prostitution, another constitutional requisite for the legitimacy of the Ordinance as a
adultery and fornications’ in Manila since they ‘provide the necessary police power measure. It must appear that the interests of the public
generally, as distinguished from those of a particular class, require an effective in easing the situation. So would the strict enforcement of
interference with private rights and the means must be reasonably existing laws and regulations penalizing prostitution and drug use. These
necessary for the accomplishment of the purpose and not unduly measures would have minimal intrusion on the businesses of the
oppressive of private rights.71 It must also be evident that no other petitioners and other legitimate merchants. Further, it is apparent that the
alternative for the accomplishment of the purpose less intrusive of private Ordinance can easily be circumvented by merely paying the whole day rate
rights can work. More importantly, a reasonable relation must exist without any hindrance to those engaged in illicit activities. Moreover, drug
between the purposes of the measure and the means employed for its dealers and prostitutes can in fact collect "wash rates" from their clientele
accomplishment, for even under the guise of protecting the public by charging their customers a portion of the rent for motel rooms and
interest, personal rights and those pertaining to private property will not even apartments.
be permitted to be arbitrarily invaded.72
IV.
Lacking a concurrence of these requisites, the police measure shall be
struck down as an arbitrary intrusion into private rights. As held in Morfe We reiterate that individual rights may be adversely affected only to the
v. Mutuc, the exercise of police power is subject to judicial review when extent that may fairly be required by the legitimate demands of public
life, liberty or property is affected.73 However, this is not in any way meant interest or public welfare. The State is a leviathan that must be restrained
to take it away from the vastness of State police power whose exercise from needlessly intruding into the lives of its citizens. However
enjoys the presumption of validity.74 well-intentioned the Ordinance may be, it is in effect an arbitrary and
whimsical intrusion into the rights of the establishments as well as their
Similar to the Comelec resolution requiring newspapers to donate patrons. The Ordinance needlessly restrains the operation of the
advertising space to candidates, this Ordinance is a blunt and heavy businesses of the petitioners as well as restricting the rights of their
instrument.75 The Ordinance makes no distinction between places patrons without sufficient justification. The Ordinance rashly equates wash
frequented by patrons engaged in illicit activities and patrons engaged in rates and renting out a room more than twice a day with immorality
legitimate actions. Thus it prevents legitimate use of places where illicit without accommodating innocuous intentions.
activities are rare or even unheard of. A plain reading of section 3 of the
Ordinance shows it makes no classification of places of lodging, thus The promotion of public welfare and a sense of morality among citizens
deems them all susceptible to illicit patronage and subject them without deserves the full endorsement of the judiciary provided that such
exception to the unjustified prohibition. measures do not trample rights this Court is sworn to protect.77 The notion
that the promotion of public morality is a function of the State is as old as
The Court has professed its deep sentiment and tenderness of the Aristotle.78 The advancement of moral relativism as a school of philosophy
Ermita-Malate area, its longtime home,76 and it is skeptical of those who does not de-legitimize the role of morality in law, even if it may foster
wish to depict our capital city – the Pearl of the Orient – as a modern-day wider debate on which particular behavior to penalize. It is conceivable
Sodom or Gomorrah for the Third World set. Those still steeped in Nick that a society with relatively little shared morality among its citizens could
Joaquin-dreams of the grandeur of Old Manila will have to accept that be functional so long as the pursuit of sharply variant moral perspectives
Manila like all evolving big cities, will have its problems. Urban decay is a yields an adequate accommodation of different interests.79
fact of mega cities such as Manila, and vice is a common problem
confronted by the modern metropolis wherever in the world. The solution To be candid about it, the oft-quoted American maxim that "you cannot
to such perceived decay is not to prevent legitimate businesses from legislate morality" is ultimately illegitimate as a matter of law, since as
offering a legitimate product. Rather, cities revive themselves by offering explained by Calabresi, that phrase is more accurately interpreted as
incentives for new businesses to sprout up thus attracting the dynamism meaning that efforts to legislate morality will fail if they are widely at
of individuals that would bring a new grandeur to Manila. variance with public attitudes about right and wrong.80 Our penal laws, for
one, are founded on age-old moral traditions, and as long as there are
The behavior which the Ordinance seeks to curtail is in fact already widely accepted distinctions between right and wrong, they will remain so
prohibited and could in fact be diminished simply by applying existing oriented.
laws. Less intrusive measures such as curbing the proliferation of
prostitutes and drug dealers through active police work would be more
Yet the continuing progression of the human story has seen not only the
acceptance of the right-wrong distinction, but also the advent of
fundamental liberties as the key to the enjoyment of life to the fullest. Our
democracy is distinguished from non-free societies not with any more
extensive elaboration on our part of what is moral and immoral, but from
our recognition that the individual liberty to make the choices in our lives
is innate, and protected by the State. Independent and fair-minded judges
themselves are under a moral duty to uphold the Constitution as the
embodiment of the rule of law, by reason of their expression of consent to
do so when they take the oath of office, and because they are entrusted by
the people to uphold the law.81
Even as the implementation of moral norms remains an indispensable
complement to governance, that prerogative is hardly absolute, especially
in the face of the norms of due process of liberty. And while the tension
may often be left to the courts to relieve, it is possible for the government
to avoid the constitutional conflict by employing more judicious, less
drastic means to promote morality.
WHEREFORE, the Petition is GRANTED. The Decision of the Court of
Appeals is REVERSED, and the Decision of the Regional Trial Court of
Manila, Branch 9, is REINSTATED. Ordinance No. 7774 is hereby declared
UNCONSTITUTIONAL. No pronouncement as to costs.
SO ORDERED.
DANTE O. TINGA
Associate Justice
WE CONCUR:
filed with the justice of the peace for that municipality, a sworn complaint
for adultery, supported by affidavits of Gerardo Cabigao and Castor de la
Republic of the Philippines Cruz (Exhibit B). On the same date, May 16, 1930, the said accused were
SUPREME COURT arrested on a warrant issued by said justice of the peace. On the 20th of
Manila the month, they were released on bail, each giving a personal bond of
EN BANC P6,000. Pending the preliminary investigation of the case, the two
defendants begged the municipal president of Paombong, Francisco Suerte
G.R. No. L-35748 December 14, 1931 Felipe, to speak to the complaint, Domingo Joaquin, urging him to
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, withdraw the complaint, the two accused binding themselves to
vs. discontinue cohabitation, and promising not to live again in the barrio of
ROMANA SILVESTRE and MARTIN ATIENZA, defendants-appellants. Masocol; Martin Atienza voluntarily signed the promise (Exhibit A). The
Teofilo Mendoza for appellants. municipal president transmitted the defendants' petition to the
Attorney-General Jaranilla for appellee. complaining husband, lending it his support. Domingo Joaquin acceded to
it, and on May 20, 1930, filed a motion for the dismissal of his complaint. In
consideration of this petition, the justice of the peace of Paombong
VILLA-REAL, J.: dismissed the adultery case commenced against the accused, and
cancelled the bonds given by them, with the costs against the complainant.
Martin Atienza and Romana Silvestre appeal to this court from the
judgment of the Court of First Instance of Bulacan convicting them upon The accused then left the barrio of Masocol and went to live in that of
the information of the crime of arson as follows: The former as principal by Santo Niño, in the same municipality of Paombong.
direct participation, sentenced to fourteen years, eight months, and one
day of cadena temporal, in accordance with paragraph 2 of article 550, About November 20, 1930, the accused Romana Silvestre met her son by
Penal Code; and the latter as accomplice, sentenced to six years and one her former marriage, Nicolas de la Cruz, in the barrio of Santo Niño, and
day of presidio mayor; and both are further sentenced to the accessories of under pretext of asking him for some nipa leaves, followed him home to
the law, and to pay each of the persons whose houses were destroyed by the village of Masocol, and remained there. The accused, Martin Atienza,
the fire, jointly and severally, the amount set forth in the information, with who had continued to cohabit with said Romana Silvestre, followed her
costs. and lived in the home of Nicolas de la Cruz. On the night of November 25,
1930, while Nicolas de la Cruz and his wife, Antonia de la Cruz, were
Counsel appointed by the court to defend the accused- appellants de gathered together with the appellants herein after supper, Martin Atienza
oficio, after delivering his argument, prayed for the affirmance of the told said couple to take their furniture out of the house because he was
judgment with reference to the appellant Martin Atienza, and makes the going to set fire to it. Upon being asked by Nicolas and Antonia why he
following assignments of error with reference to Romana Silvestre, to wit: wanted to set fire to the house, he answered that that was the only way he
could be revenged upon the people of Masocol who, he said, had instigated
1. The lower court erred in convincing Romana Silvestre as
the charge of adultery against him and his codefendant, Romana Silvestre.
accomplice of the crime charged in the information.
As Martin Atienza was at that time armed with a pistol, no one dared say
2. Finally, the court erred in not acquitting said defendant from the anything to him, not even Romana Silvestre, who was about a meter away
information upon the ground of insufficient evidence, or at the least, of from her codefendant. Alarmed at what Martin Atienza had said, the
reasonable doubt. couple left the house at once to communicate with the barrio lieutenant,
Buenaventura Ania, as to what they had just heard Martin Atienza say; but
The following facts were proved at the hearing beyond a reasonable doubt: they had hardly gone a hundred arms' length when they heard cries of
"Fire! Fire!" Turning back they saw their home in flames, and ran back to it;
Romana Silvestre, wife of Domingo Joaquin by her second marriage, but seeing that the fire had assumed considerable proportions, Antonia
cohabited with her codefendant Martin Atienza from the month of March, took refuge in the schoolhouse with her 1 year old babe in her arms, while
1930, in the barrio of Masocol, municipality of Paombong, Province of Nicolas went to the home of his parents-in-law, took up the furniture he
Bulacan. On May 16, 1930, the complaining husband, Domingo Joaquin, had deposited there, and carried it to the schoolhouse. The fire destroyed
about forty-eight houses. Tomas Santiago coming from the barrio artesian Now then, which previous or simultaneous acts complicate Romana
well, and Tomas Gonzalez, teacher at the barrio school of Masocol, and Silvestre in the crime of arson committed by her codefendant Martin
Felipe Clemente, an old man 61 years of age, coming from their homes, to Atienza? Is it her silence when he told the spouses, Nicolas de la Cruz and
the house on fire, saw Martin Atienza going away from the house where Antonia de la Cruz, to take away their furniture because he was going to
the fire started, and Romana Silvestre leaving it.lawphil.net set fire to their house as the only means of revenging himself on the barrio
residents, her passive presence when Martin Atienza set fire to the house,
As stated in the beginning, counsel appointed by this court to defend the where there is no evidence of conspiracy or cooperation, and her failure to
accused-appellant de oficio, prays for the affirmance of the judgment give the alarm when the house was already on fire?
appealed from with reference to defendant Martin Atienza. The facts
related heretofore, proved beyond a reasonable doubt at the hearing, The complicity which is penalized requires a certain degree of
justify this petition of the de oficio counsel, and establish beyond a cooperation, whether moral, through advice, encouragement, or
reasonable doubt said defendant's guilt of arson as charged, as principal by agreement, or material, through external acts. In the case of the
direct participation. accused-appellant Romana Silvestre, there is no evidence of moral or
material cooperation, and none of an agreement to commit the crime in
With respect to the accused-appellant Romana Silvestre, the only evidence question. Her mere presence and silence while they are simultaneous acts,
of record against her are: That, being married, she lived adulterously with do not constitute cooperation, for it does not appear that they encouraged
her codefendant Martin Atienza, a married man; that both were or nerved Martin Atienza to commit the crime of arson; and as for her
denounced for adultery by Domingo Joaquin, Romana Silvestre's second failure to give the alarm, that being a subsequent act it does not make her
husband; that in view of the petition of the accused, who promised to liable as an accomplice.
discontinue their life together, and to leave the barrio of Masocol, and
through the good offices of the municipal president of Paombong, the The trial court found the accused-appellant Martin Atienza guilty of arson,
complaining husband asked for the dismissal of the complaint; that in defined and penalized in article 550, paragraph 2, of the Penal Code, which
pursuance of their promise, both of the accused went to lived in the barrio reads as follows:
of Santo Niño, in the same municipality; that under pretext for some nipa
leaves from her son by her former marriage, Nicolas de la Cruz, who had ART. 550. The penalty of cadena temporal shall be imposed upon:
gone to the barrio of Santo Niño, Romana Silvestre followed him to his
house in the barrio of Masocol on November 23, 1930, and remained there; x x x x x x x x x
that her codefendant, Martin Atienza followed her, and stayed with his
2. Any person who shall set fire to any inhabited house or any
coaccused in the same house; that on the night of November 25, 1930, at
building in which people are accustomed to meet together, without
about 8 o'clock, while all were gathered together at home after supper,
knowing whether or not such building or house was occupied at the time,
Martin Atienza expressed his intention of burning the house as the only
or any freight train in motion, if the damage caused in such cases shall
means of taking his revenge on the Masocol resident, who had instigated
exceed six thousand two hundred and fifty pesetas.
Domingo Joaquin to file the complaint for adultery against them, which
compelled them to leave the barrio of Masocol; that Romana Silvestre While the defendant indeed knew that besides himself and his
listened to her codefendant's threat without raising a protest, and did not codefendant, Romana Silvestre, there was nobody in De la Cruz's house at
give the alarm when the latter set fire to the house. Upon the strength of the moment of setting fire to it, he cannot be convicted merely arson less
these facts, the court below found her guilty of arson as accomplice. serious than what the trial court sentenced him for, inasmuch as that
house was the means of destroying the others, and he did not know
Article 14 of the Penal Code, considered in connection with article 13,
whether these were occupied at the time or not. If the greater seriousness
defines an accomplice to be one who does not take a direct part in the
of setting fire to an inhabited house, when the incendiary does not know
commission of the act, who does not force or induce other to commit it,
whether there are people in it at the time, depends upon the danger to
nor cooperates in the commission of the act by another act without which
which the inmates are exposed, not less serious is the arson committed by
it would not have been accomplished, yet cooperates in the execution of
setting fire to inhabited houses by means of another inhabited house
the act by previous or simultaneous actions.
which the firebrand knew to be empty at the moment of committing the
act, if he did not know whether there were people or not in the others,
inasmuch as the same danger exists.
With the evidence produced at the trial, the accused-appellant Martin
Atienza might have been convicted of the crime of arson in the most
serious degree provided for in article 549 of the Penal Code, if the
information had alleged that at the time of setting fire to the house, the
defendant knew that the other houses were occupied, taking into account
that barrio residents are accustomed to retire at the tolling of the bell for
the souls in purgatory, i.e., at 8 o'clock at night.
For all the foregoing considerations, we are of the opinion and so hold,
that: (1) Mere passive presence at the scene of another's crime, mere
silence and failure to give the alarm, without evidence of agreement or
conspiracy, do not constitute the cooperation required by article 14 of the
Penal Code for complicity in the commission of the crime witnessed
passively, or with regard to which one has kept silent; and (2) he who
desiring to burn the houses in a barrio, without knowing whether there are
people in them or not, sets fire to one known to be vacant at the time,
which results in destroying the rest, commits the crime of arson, defined
and penalized in article 550, paragraph 2, Penal Code.
By virtue wherefore, the judgment appealed from is modified as follows: It
is affirmed with reference to the accused-appellant Martin Atienza, and
reversed with reference to the accused-appellant Romana Silvestre, who is
hereby acquitted with
one-half of the costs de oficio. So ordered.
Avanceña, C.J., Johnson, Street, Malcolm, Villamor, Ostrand, Romualdez, and
Imperial, JJ., concur.
EN BANC At the trial, the prosecution established the following relevant facts[3]
[G.R. No. 142773. January 28, 2003] Marlon, Manuel and Robert Delim are brothers. They are the uncles of
Leon Delim and Ronald Delim. Modesto Manalo Bantas, the victim, was an
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARLON DELIM, Igorot and a carpenter. He took the surname Delim after he was adopted
LEON DELIM, MANUEL DELIM alias BONG (At Large), ROBERT DELIM by the father of Marlon, Manuel and Robert. However, Modestos wife, Rita,
(At Large), and RONALD DELIM alias BONG, accused-appellants. an illiterate, and their 16-year old son, Randy, continued using Manalo
Bantas as their surname. Modesto, Rita and Randy considered Marlon,
D E C I S I O N Robert, Ronald, Manuel and Leon as their relatives. Manuel and Leon were
the neighbors of Modesto. Marlon, Robert and Ronald used to visit
CALLEJO, SR., J.:
Modesto and his family. Modesto and his family and the Delim kins resided
Before the Court on automatic review is the Decision,[1] dated January 14, in Barangay Bila, Sison, Pangasinan.
2000, of the Regional Trial Court, Branch 46, Urdaneta City, finding
On January 23, 1999, at around 6:30 in the evening, Modesto, Rita and
accused-appellants Marlon Delim, Leon Delim and Ronald Delim guilty
Randy were preparing to have their supper in their home. Joining them
beyond reasonable doubt of the crime of murder and sentencing them to
were Modesto and Ritas two young grandchildren, aged 5 and 7 years old.
suffer the supreme penalty of death. The court also ordered
They were about to eat their dinner when Marlon, Robert and Ronald
accused-appellants to pay, jointly and severally, the heirs of the victim the
suddenly barged into the house and closed the door. Each of the three
sums of P75,000.00 as moral damages and P25,000.00 as exemplary
intruders was armed with a short handgun. Marlon poked his gun at
damages.
Modesto while Robert and Ronald simultaneously grabbed and hog-tied
Accused-appellants Marlon, Ronald and Leon, together with Manuel alias the victim. A piece of cloth was placed in the mouth of Modesto.[4] Marlon,
Bong and Robert, all surnamed Delim, were indicted for murder under an Robert and Ronald herded Modesto out of the house on their way towards
Information dated May 4, 1999 which reads: the direction of Paldit, Sison, Pangasinan. Rita and Randy were warned by
the intruders not to leave the house. Leon and Manuel, who were also
That on or about January 23, 1999, in the evening at Brgy. Bila, Sison, armed with short handguns, stayed put by the door to the house of
Pangasinan, and within the jurisdiction of this Honorable Court, the Modesto and ordered Rita and Randy to stay where they were. Leon and
above-named accused, armed with short firearms barged-in and entered Manuel left the house of Modesto only at around 7:00 a.m. the following
the house of Modesto Delim and once inside with intent to kill, treachery, day, January 24, 1999.
evident premedidation (sic), conspiring with one another, did then and
there, wilfully, unlawfully and feloniously grab, hold, hogtie, gag with a As soon as Leon and Manuel had left, Randy rushed to the house of his
piece of cloth, brought out and abduct Modesto Delim, accused Leon uncle, Darwin Nio, at Sitio Labayog, informed the latter of the incident the
Delim and Manuel Delim stayed in the house guarded and prevented the night before and sought his help for the retrieval of Modesto. Randy was
wife and son of Modesto Delim from helping the latter, thereafter with advised to report the matter to the police authorities. However, Randy
abuse of superior strength stabbed and killed said Modesto Delim, to the opted to first look for his father. He and his other relatives scoured the
damage and prejudice of his heirs. vicinity to locate Modesto to no avail. They proceeded to Paldit, Sison,
Pangasinan, around 200 meters away from Modestos house, to locate
CONTRARY to Article 248 of the Revised Penal Code, as amended by Modesto but failed to find him there. On January 25, 1999, Randy and his
Republic Act No. 7659.[2] relatives returned to the housing project in Paldit, Sison, Pangasinan to
locate Modesto but again failed to find him there. On January 26, 1999,
Only accused-appellants Marlon (Bongbong), Leon and Ronald, all Randy reported the incident to the police authorities.
surnamed Delim, were apprehended. Accused Robert and Manuel remain
at-large. At around 3:00 in the afternoon of January 27, 1999, Randy, in the company
of his relatives, Nida Pucal, Pepito Pucal, Bernard Osias and Daniel Delim,
At their arraignment, Marlon, Ronald and Leon, with the assistance of their returned to the housing project in Paldit, Sison, Pangasinan and this time
counsel, pleaded not guilty to the charge. they found Modesto under thick bushes in a grassy area. He was already
dead. The cadaver was bloated and in the state of decomposition. It - 1 x 1 cm. stabbed wound, lateral aspect D/3rd, left arm
exuded a bad odor. Tiny white worms swarmed over and feasted on the
cadaver. Randy and his relatives immediately rushed to the police station - 1 x 1 cm. stabbed wound, medial aspect M/3rd, left arm
to report the incident and to seek assistance.
- 1 x 1 cm. stabbed wound, medial aspect D/3rd, left arm
When informed of the discovery of Modestos cadaver, the local chief of
police and SPO2 Jovencio Fajarito and other policemen rushed to the scene - #3; 1 x 1 cm. in line with each other, stabbed wound, medial aspect,
and saw the cadaver under the thick bushes. Pictures were taken of the M/3rd, left forearm
cadaver.[5] Rita and Randy divulged to the police investigators the names
- 1 x 1 cm. stabbed wound, medial aspect, D/3rd, left forearm
and addresses of Marlon, Ronald, Robert, Leon and Manuel, whom they
claimed were responsible for the death of Modesto. Rita and Randy were at - 10 x 6 cms. Inflamed scrotum
a loss why the five malefactors seized Modesto and killed him. Rita and
Randy gave their respective sworn statements to the police investigators.[6] - penis inflamed
Police authorities proceeded to arrest Marlon, Ronald, Robert, Manuel and
Leon but failed to find them in their respective houses. The police officers SIGNIFICANT INTERNAL FINDINGS:
scoured the mountainous parts of Barangays Immalog and Labayog to no
avail. - no significant internal findings
The cadaver was autopsied by Dr. Maria Fe L. De Guzman who prepared CAUSE OF DEATH:
her autopsy report, which reads:
GUN SHOT WOUND, HEAD.[7]
SIGNIFICANT EXTERNAL FINDINGS:
The stab wounds sustained by Modesto on his left arm and forearm were
- Body - both upper extremities are flexed defensive wounds. The police investigators were able to confirm that
Marlon, Ronald, Robert, Leon and Manuel had no licenses for their
- both lower extremities are flexed firearms.[8]
- (+) body decomposition Records of the PNP Criminal Investigation and Detection Group in Baguio
City show that Marlon had pending cases for robbery in the Regional Trial
- (+) worms coming out from injuries Court of Baguio City in Criminal Case No. 16193-R, and for robbery in band
in Criminal Cases Nos. 9801 and 9802 pending with the Regional Trial
- 10 x 10 ml. GSW, pre-auricular area, right Court in Urdaneta, Pangasinan.[9]
- 20 x 20 ml. GSW, mandibular areas, right To exculpate themselves, Marlon, Ronald and Leon interposed denial and
alibi.[10]
- 10 x 10 ml. GSW, maxillary area, right
Ronald claimed that on January 23, 1999, he, his wife and children, his
- 10 x 10 ml. GSW, below middle nose, directed upward (POE)
mother, his brothers and sisters were in their house at Asan Norte, Sison,
- 30 x 40 ml. GSW, mid parieto occipital area (POEx) Pangasinan about two kilometers away from Modestos house.
SO ORDERED.[12] It bears stressing that in determining what crime is charged in an
information, the material inculpatory facts recited therein describing the
The trial court appreciated treachery as a qualifying circumstance and of crime charged in relation to the penal law violated are controlling. Where
taking advantage of superior strength, nighttime and use of unlicensed the specific intent of the malefactor is determinative of the crime
firearms as separate of aggravating circumstances in the commission of charged such specific intent must be alleged in the information and
proved by the prosecution. A decade ago, this Court held in People v. absence of proof of such motive does not establish the innocence of
Isabelo Puno, et al.,[14]
that for kidnapping to exist, there must be accused for the crime charged such as murder.[20] The history of crimes
indubitable proof that the actual specific intent of the malefactor is to shows that murders are generally committed from motives comparatively
deprive the offended party of his liberty and not where such restraint of trivial.[21] Crime is rarely rational. In murder, the specific intent is to kill the
his freedom of action is merely an incident in the commission of another victim. In kidnapping, the specific intent is to deprive the victim of his/her
offense primarily intended by the malefactor. This Court further held: liberty. If there is no motive for the crime, the accused cannot be
convicted for kidnapping.[22] In kidnapping for ransom, the motive is
x x x. Hence, as early as United States vs. Ancheta, and consistently ransom. Where accused kills the victim to avenge the death of a loved one,
reiterated thereafter, it has been held that the detention and/or forcible the motive is revenge.
taking away of the victims by the accused, even for an appreciable period
of time but for the primary and ultimate purpose of killing them, holds the In this case, it is evident on the face of the Information that the specific
offenders liable for taking their lives or such other offenses they intent of the malefactors in barging into the house of Modesto was to kill
committed in relation thereto, but the incidental deprivation of the victims him and that he was seized precisely to kill him with the attendant
liberty does not constitute kidnapping or serious illegal detention.[15] modifying circumstances. The act of the malefactors of abducting Modesto
was merely incidental to their primary purpose of killing him. Moreover,
If the primary and ultimate purpose of the accused is to kill the victim, the there is no specific allegation in the information that the primary intent
incidental deprivation of the victims liberty does not constitute the felony of the malefactors was to deprive Modesto of his freedom or liberty and
of kidnapping but is merely a preparatory act to the killing, and hence, is that killing him was merely incidental to kidnapping.[23] Irrefragably then,
merged into, or absorbed by, the killing of the victim.[16] The crime the crime charged in the Information is Murder under Article 248 of the
committed would either be homicide or murder. Revised Penal Code and not Kidnapping under Article 268 thereof.
What is primordial then is the specific intent of the malefactors as The threshold issue that now comes to fore is whether or not the
disclosed in the information or criminal complaint that is determinative prosecution mustered the requisite quantum of evidence to prove that
of what crime the accused is charged with--that of murder or Marlon, Ronald and Leon are guilty of murder.
kidnapping.
In criminal prosecutions, the prosecution is burdened to prove the guilt of
Philippine and American penal laws have a common thread on the concept the accused beyond cavil of doubt. The prosecution must rely on the
of specific intent as an essential element of specific intent crimes. Specific strength of its own evidence and not on the weakness of the evidence of
intent is used to describe a state of mind which exists where the accused. The proof against the accused must survive the test of
circumstances indicate that an offender actively desired certain criminal reason; the strongest suspicion must not be permitted to sway
consequences or objectively desired a specific result to follow his act or judgment.[24]
failure to act.[17]Specific intent involves a state of the mind. It is the
particular purpose or specific intention in doing the prohibited act. In the case at bar, the prosecution was burdened to prove the corpus
Specific intent must be alleged in the Information and proved by the state delicti which consists of two things: first, the criminal act and second,
in a prosecution for a crime requiring specific intent.[18] Kidnapping and defendants agency in the commission of the act.[25] Wharton says that
murder are specific intent crimes. corpus delicti includes two things: first, the objective; second, the
subjective element of crimes.[26] In homicide (by dolo) and in murder cases,
Specific intent may be proved by direct evidence or by circumstantial the prosecution is burdened to prove: (a) the death of the party alleged to
evidence. It may be inferred from the circumstances of the actions of the be dead; (b) that the death was produced by the criminal act of some other
accused as established by the evidence on record.[19] than the deceased and was not the result of accident, natural cause or
suicide; and (c) that defendant committed the criminal act or was in some
Specific intent is not synonymous with motive. Motive generally is referred way criminally responsible for the act which produced the death.[27] To
to as the reason which prompts the accused to engage in a particular prove the felony of homicide or murder, there must be incontrovertible
criminal activity. Motive is not an essential element of a crime and hence evidence, direct or circumstantial, that the victim was deliberately killed
the prosecution need not prove the same. As a general rule, proof of (with malice); in other words, that there was intent to kill. Such evidence
motive for the commission of the offense charged does not show guilt and
may consist inter alia in the use of weapons by the malefactors, the nature, The prosecution is burdened to prove the essential events which
location and number of wounds sustained by the victim and the words constitute a compact mass of circumstantial evidence, and the proof of
uttered by the malefactors before, at the time or immediately after the each being confirmed by the proof of the other, and all without exception
killing of the victim. If the victim dies because of a deliberate act of the leading by mutual support to but one conclusion: the guilt of accused for
malefactor, intent to kill is conclusively presumed. the offense charged.[34] For circumstantial evidence to be sufficient to
support a conviction, all the circumstances must be consistent with each
The prosecution is burdened to prove corpus delicti beyond reasonable other, consistent with the hypothesis that accused is guilty and at the
doubt either by direct evidence or by circumstantial or presumptive same time inconsistent with the hypothesis that he is innocent, and with
evidence.[28] every other rational hypothesis except that of guilt.[35] If the prosecution
adduced the requisite circumstantial evidence to prove the guilt of
In the case at bar, the prosecution adduced the requisite quantum of proof accused beyond reasonable doubt, the burden of evidence shifts to the
of corpus delicti. Modesto sustained five (5) gunshot wounds. He also accused to controvert the evidence of the prosecution.
sustained seven (7) stab wounds,[29]defensive in nature. The use by the
malefactors of deadly weapons, more specifically handguns and knives, in In the present case, the prosecution mustered the requisite quantum of
the killing of the victim as well as the nature, number and location of the circumstantial evidence to prove that accused-appellants, in confabulation
wounds sustained by said victim are evidence of the intent by the with their co-accused, conspired to kill and did kill Modesto:
malefactors to kill the victim with all the consequences flowing
therefrom.[30] As the State Supreme Court of Wisconsin held in Cupps v. 1. Randy Bantas testified that Marlon and Ronald barged into the house of
State:[31]
Modesto, each armed with a handgun. Marlon poked his gun on Modesto
while Ronald hog-tied Modesto.They then seized Modesto and herded him
This rule, that every person is presumed to contemplate the ordinary and out of his house:
natural consequences of his own acts, is applied even in capital cases.
Because men generally act deliberately and by the determination of their FISCAL TOMBOC: What were you doing then at that time in your house?
own will, and not from the impulse of blind passion, the law presumes that
every man always thus acts, until the contrary appears. Therefore, when A We were eating, sir.
one man is found to have killed another, if the circumstances of the
homicide do not of themselves show that it was not intended, but was Q You said we, who were your companions eating then at that time?
accidental, it is presumed that the death of the deceased was designed by
A My father, my mother and the two children and myself, sir.
the slayer; and the burden of proof is on him to show that it was otherwise.
Q While taking your supper that time, do you recall if there was anything
The prosecution did not present direct evidence to prove the authors of
unusual that happened at that time?
the killing of Modesto. It relied on circumstantial evidence to discharge its
burden of proving the guilt of accused-appellants of murder. A When we were about to start to eat three armed men entered our house.
Circumstantial evidence consists of proof of collateral facts and
circumstances from which the existence of the main fact may be inferred Q Do you know these three armed men who entered your house?
according to reason and common experience.[32] What was once a rule of
account respectability is now entombed in Section 4, Rule 133 of the A Yes, sir.
Revised Rules of Evidence which states that circumstantial evidence,
sometimes referred to as indirect or presumptive evidence, is sufficient as Q Who are they, name them one by one?
anchor for a judgment of conviction if the following requisites concur:
A Marlon Delim, Robert Delim and Ronald Delim.
x x x if (a) there is more than one circumstance; (b) the facts from which
Q Are these three persons inside the courtroom now?
the inferences are derived have been established; and (c) the combination
of all the circumstances is such as to warrant a finding of guilt beyond A Two of them, sir.
reasonable doubt.[33]
Q Who are these two who are inside the courtroom? FISCAL TOMBOC: Where did these three persons bring your father?
A Marlon and Ronald, sir. A I do not know where they brought my father, sir.
Q Will you please stand up and point to them? COURT: Was your father taken inside your house or outside?
A (Witness is pointing to a person seated on the bench inside the A Inside our house, sir.
courtroom, who, when his name was asked answered Marlon Delim.
Likewise, witness is pointing unto a person seated on the bench inside the Q You said that Marlon poked a gun at your father, is that correct?
courtroom, who, when his name was asked he answered Ronald Delim).
A Yes, sir.
Q You said that these two armed persons entered your house, what kind of
arm were they carrying at that time? Q What did Ronald and Robert do while Marlon was poking his gun to your
father?
A Short handgun, sir.
A Ronald and Robert were the ones who pulled my father out, sir.[36]
Q When these three armed persons whom you have mentioned, armed
with short firearms, what did they do then when they entered your house? Randys account of the incident was corroborated by his mother, Rita, who
testified:
A They took my father, sir.
PROSECUTION TOMBOC: You said during the last hearing that on January
Q Who took your father? 23, 1999 at around 6:30 in the evening while preparing for your supper
three (3) armed men entered inside your house, who were these three (3)
A Marlon Delim, Robert Delim and Ronald Delim, sir. men who entered your house?
Q When these three persons took your father, what did you do then? A I know, Marlon, Bongbong and Robert, sir.
A None, sir. ATTY. FLORENDO: We just make of record that the witness is taking her
time to answer, Your Honor.
COURT: How did they get your father?
PROSECUTOR TOMBOC: You said that Marlon Delim, Robert Delim and
A They poked a gun and brought him outside the house, sir. Bongbong entered your house, are these three (3) persons who entered
your house in Court now?
FISCAL TOMBOC: Who poked a gun?
A They are here except the other one, sir.
A Marlon Delim, sir.
Q Will you please step down and point to the persons who entered your
Q Again, Mr. Witness, will you point to the person who poked a gun? house?
A (Witness is pointing to Malon (sic) Delim, one of the accused). A Witness is pointing to Marlon Delim, Robert Delim is not in Court and
Bongbong is Ronald Delim.
Q After bringing your father out from your house, what transpired next?
Q After these three (3) armed men entered your house, what happened
A Manuel Delim and Leon Delim said, Stay in your house, and guarded us.
then?
COURT: You said your father was taken out, who?
A My husband was brought out, sir.
A Marlon, Robert and Ronald, sir.
Q What is the name of your husband? A None, sir.
A Modesto Delim, sir.[37] Q Will you please stand up and point at Leon, Mr. Witness?
2. Randy said that when Marlon and Ronald barged into their house, Leon, A (Witness pointed to a person seated on the bench inside the courtroom,
armed with a handgun, acted as a lookout when he stood guard by the who when his name was asked, answered, Leon Delim).[38]
door of the house of Modesto and remained thereat until 7:00 a.m. of the
next day: 3. Rita and Randy were ordered by Leon not to leave the house as Ronald
and Marlon left the house with Modesto in tow. Rita and Randy were
FISCAL TOMBOC: When your father was pulled out from your house by detained in their house up to 7:00 a.m. of January 24, 1999 to prevent them
these three persons, what did you and your mother do while these three from seeking help from their relatives and police authorities.
persons were taking out of your house?
4. Randy likewise testified that on January 27, 1999, at about 3:00 p.m., the
A We did not do anything because Manuel and Leon Delim guarded us. cadaver of Modesto was found under the thick bushes in a grassy area in
the housing project located about 200 meters away from the house of
COURT: Where, in your house? Modesto. The cadaver exuded bad odor and was already in the state of
decomposition:
A Yes, sir.
Q So what did you do then on January 27, where did you look for your
FISCAL TOMBOC: From that very time that your father was pulled out by father?
these three persons Marlon, Robert and Ronal (sic), where were Leon and
Manuel then? A The same place and at 3:00 oclock P.M., we were able to find my father.
A They were at the door, sir. COURT: Where?
COURT: Why do you know that they were guarding you? A At the housing project at Paldit, Sison, Pangasinan, sir.
A Because they were at the door, sir. FISCAL TOMBOC: Do you have companions at that time when you were
able to look for your father on January 27, 1999 at 3:00 oclock P.M.?
FISCAL TOMBOC: What was their appearance that time when these two
persons were guarding you, these Leon and Manuel? A Yes, sir.
A They were armed, sir. Q Who?
Q What do you mean by armed? A My Aunt, sir.
A They have gun, sir. Q What is the name of your Aunt?
Q What kind of firearm? A Nida Pucal, sir.
A Short firearm, sir. Q Who else?
Q By the way, where are these Leon and Manuel now, if you know? A Pepito Pucal, Bernard Osias and Daniel Delim, sir.
A Leon is here, sir. COURT: When you found your father, what was his condition?
Q About Manuel? A He was dead, sir.
COURT: Go ahead. And for the head injuries there was 10 x 10 ml. GSW pre-auricular area,
right; there was also 20 ml x 20 ml. GSW, mandibular area, right; I cannot
FISCAL TOMBOC: You said that he was already dead, what was his also determine the exit.
appearance then when you saw him dead?
Q So there were two (2) gunshot wounds (GSW) Doctora?
A He has bad odor, sir, in the state of decompsition (sic).[39]
A Yes sir.
The testimony of Randy was corroborated by Dr. de Guzman who testified
that the cadaver of Modesto was in a state of decomposition, with tiny And there was also 10 x 10 ml. GSW, maxillary area, right; there was also 10
white worms crawling from his wounds, and that his penis and scrotum x 10 ml. GSW, below middle nose, directed upward (POE); and there was
were inflamed. The victim sustained five gunshot wounds and defensive also 30 x 40 ml. GSW, mid parieto-occipital area (POEx).
wounds on the left arm and forearm:
Q How many all in all are the gunshot wound?
PROS. TOMBOC:
A Five (5) sir.
Q Will you please tell the Honorable Court your findings, Doctora?
And also there was 2 x 1 cms. Lacerated wound, right cheek; 1 x 1 cm.
WITNESS: stabbed wound, axillary area, left; 1 x 1 cm. stabbed wound, lateral aspect
M/3rd, left arm; 1 x 1 cm. stabbed wound lateral aspect D/3rd, left arm; 1 x
A First finding: Upon seeing the cadaver, this is the position of the body, 1 cm. stabbed wound, medial aspect M/3rd, left arm; 1 x 1 cm. stabbed
both upper extremities are flexed and both lower extremities are flexed wound, medial aspect D/3rd, left arm; and #3; 1 x 1 cm. in line with each
(Nakakukot). other, stabbed wound, medial aspect, M/3rd, left forearm.
Q How many days had already elapsed when you autopsied the cadaver of Q How many stabbed wound are there Doctora?
the victim, Doctora?
A There were seven (7) stabbed wounds, sir.
A Four (4) days upon the recovery of the body, sir.
Q Those stabbed wounds were defensive wounds, Doctora?
Q And what was your findings Doctora?
A Yes sir.[40]
A The body was already under the state of decomposition, sir, with foul
odor and there were so many worms coming out from the injuries, there The state of decomposition of the cadaver, with tiny white worms
were tiny white worms, sir. swarming and feasting on it and the distention of his scrotum and penis
are evidence that the cadaver was in the stage of putrefaction and that the
Q What else did you observe Doctora? victim had been dead for a period ranging from three to six days.[41]
Admittedly, there are variant factors determinative of the exact death of
A Upon seeing the cadaver I asked the relative to refer it to the NBI sir. the victim. An equally persuasive authority states:
Actually the victim was an igorot (sic) and they have tradition that they will
bury immediately. Whether they like it or not I should do it, sir. Chronological Sequence of Putrefactive Changes Occurring in Tropical
Region:
Q What else Doctora?
Time Since Death Condition of the Body
A And the penis was inflammed (sic), the scrotum was also inflammed (sic),
sir. 48 hours Ova of flies seen.
Trunk bloated. Face discolored and swollen. Blisters present.
Moving maggots seen. Q In what place?
Ranged against the evidence of the prosecution, the burden of evidence In the case at bar, Marlon, Ronald and Leon arrived together in the house
shifted on Marlon, Ronald and Leon to rebut the same and explain what of Modesto, each armed with a handgun. Marlon and Ronald barged into
happened to the victim after taking him from his house in the evening of said house while Leon stood guard by the door thereof. After Marlon and
January 23, 1999. They may have freed the victim shortly after taking him, Ronald had left with Modesto in tow, Leon stood by the door and warned
or the victim may have been able to escape and that thereafter a person or Randy and Rita not to leave the house. Leon stood guard by the door of the
some other persons may have killed him. However, Marlon, Ronald and house until 7:00 a.m. of January 24, 1999 when he left the house. The overt
Leon failed to give any explanation. Instead, they merely denied having acts of all the malefactors were so synchronized and executed with
seized and killed the victim and interposed alibi as their defense. precision evincing a preconceived plan or design of all the malefactors to
achieve a common purpose, namely the killing of Modesto. Irrefragably,
Leon is equally guilty for the death of Modesto because the evidence on the tasks assigned to Leon in the commission of the crime were (a) to act
record shows that he conspired with accused-appellants Marlon and as a lookout; (b) to ensure that Rita and Randy remain in their house to
Ronald and accused Robert and Manuel in killing the victim. prevent them from seeking assistance from police authorities and their
relatives before their mission to kill Modesto shall have been a fait
accompli as well as the escape of Marlon and Ronald.[54] Patently, Leon, a incredible or their testimonies barren of probative weight. It must be
lookout for the group, is guilty of the killing of Modesto.[55] Leon may not borne in mind that human memory is not as unerring as a photograph and
have been at the situs criminis when Modesto was killed by Marlon and a persons sense of observation is impaired by many factors including the
Ronald nevertheless he is a principal by direct participation.[56] If part of a shocking effect of a crime. A truth-telling witness is not always expected
crime has been committed in one place and part in another, each person to give an error-free testimony considering the lapse of time and the
concerned in the commission of either part is liable as principal. No matter treachery of human memory. What is primordial is that the mass of
how wide may be the separation of the conspirators, if they are all engaged testimony jibes on material points, the slight clashing of statements dilute
in a common plan for the execution of a felony and all take their part in neither the witnesses credibility nor the veracity of his testimony.[60]
furtherance of the common design, all are liable as principals. Actual Variations on the testimony of witnesses on the same side with respect to
presence is not necessary if there is a direct connection between the actor minor, collateral or incidental matters do not impair the weight of their
and the crime. [57] united testimony to the prominent facts.[61] Inconsistencies on minor and
trivial matters only serve to strengthen rather than weaken the credibility
Ronald, Marlon and Leon, however, assail the testimonies of Randy and of witnesses for they erase the suspicion of rehearsed testimony.[62]
Rita alleging that the same were marred by inconsistencies:
Moreover, the testimony of a witness should be construed in its entirety
1. Randy initially stated that he did not know where the assailants brought and not in truncated terms and the true meaning of answers to isolated
his father. Later however, Randy claimed that the malefactors proceeded questions propounded to a witness is to be ascertained by due
to the direction of Paldit, Sison, Pangasinan; consideration of all the questions propounded to the witness and his
answers thereto.[63]
2. Rita on the other hand identified Leon, Marlon and Ronald as those who
barged into their house. She later changed her testimony and declared that Randys testimony that he did know where the malefactors brought his
it was Robert, together with Marlon and Ronald who barged into the father is not inconsistent with his testimony that Ronald and Marlon
house; brought his father towards the direction of Paldit, Sison, Pangasinan.
Randy may not have known the destination of accused-appellants but he
3. Rita likewise testified that two men stood outside the house guarding saw the direction to which they went. While it may be true that when
them. Later, she testified that after the three men brought out the victim, asked to identify the three who barged into their house, Rita pointed to
the two other accused entered the house and guarded them there; Leon as one of them, however, Rita had been consistent throughout her
testimony that those who barged into their house were Ronald and Marlon.
4. Rita claimed that she went out to look for her husband the next day, or
Leons counsel never cross-examined Rita and impeached her testimony on
on January 25, 1999, and she was accompanied by her son Randy. However,
her identification of Leon as one of those who barged into their house to
Randy testified that he was alone when he looked for his father from
give her an opportunity to explain her perceived inconsistency
January 24 to 26, 1999.[58]
conformably with Rule 132, Section 13 of the Revised Rules of Evidence
We do not agree with Marlon, Ronald and Leon. Case law has it that the which reads:
findings of facts of the trial court, its calibration of the collective
Before a witness can be impeached by evidence that he has made at other
testimonies of witnesses and its assessment of the probative weight
times statements inconsistent with his present testimony, the statements
thereof and its conclusions culled from its findings are accorded by the
must be related to him, with the circumstances of the times and places and
appellate court great respect, if not conclusive effect, because of its unique
the persons present, and he must be asked whether he made such
advantage of observing at close range the demeanor, deportment and
statements, and if so, allowed to explain them. If the statements be in
conduct of the witnesses as they give their testimonies before the court. In
writing they must be shown to the witness before any question is put to
the present case, the trial court gave credence and full probative weight to
him concerning them.[64]
the testimonies of the witnesses of the prosecution. Moreover, there is no
evidence on record that Randy and Rita were moved by any improper or ill Hence, the presentation of the inconsistent statements made by Rita is
motive in testifying against the malefactors and the other accused; hence, insufficient for the desired impeachment of her.[65] As to whether Rita and
their testimonies must be given full credit and probative weight.[59] The Randy were together in looking for Modesto or Leon merely stood guard
inconsistencies in the testimonies of Rita and Randy do not render them
by the door of the house or entered the house are inconsequential. The guilty of murder defined in and penalized by Article 248 of the Revised
fact is that Leon stood guard throughout the night to prevent Rita and Penal Code.
Randy from seeking assistance for the seizure and killing of Modesto.
The Court however finds that Marlon, Ronald and Leon are guilty only of
This Court is convinced, as the trial court was, that the respective homicide defined in and penalized by Article 248 of the Revised Penal
testimonies of Randy and Rita bear the earmarks of truth and sincerity. Code.
Despite intense and grueling cross-examination, they responded with
consistency upon material details that could only come from a firsthand Qualifying circumstances such as treachery and abuse of superior strength
knowledge of the shocking events which unfolded before their eyes. The must be alleged and proved clearly and conclusively as the crime itself.
Court thus finds no cogent reason to disregard the findings of the trial Mere conjectures, suppositions or presumptions are utterly insufficient
court regarding their credibility. and cannot produce the effect of qualifying the crime.[68] As this Court
held: No matter how truthful these suppositions or presumptions may
Marlon, Ronald and Leon contend that the trial court committed a seem, they must not and cannot produce the effect of aggravating the
reversible error in not giving credence and probative weight to their condition of defendant.[69] Article 14, paragraph 16 of the Revised Penal
evidence to prove their defense of alibi. They aver that their collective Code provides that there is treachery when the offender commits any of
evidence to prove their defense is strong. the crimes against the person, employing means, methods or forms in the
execution thereof which tend directly and especially to insure its
We do not agree. Case law has it that the defense of alibi is one of the execution, without risk to himself arising from the defense which the
weakest of defenses in criminal prosecution because the same is easy to offended party might make. For treachery to be appreciated as a qualifying
concoct between relatives, friends and even those not related to the circumstance, the prosecution is burdened to prove the following
offender.[66] It is hard for the prosecution to disprove. For alibi to merit elements: (a) the employment of means of execution which gives the
approbation by the trial court and this Court, Marlon, Ronald and Leon are person attacked no opportunity to defend himself or retaliate; (b) the
burdened to prove with clear and convincing evidence that they were in a means of execution is deliberately or consciously adopted.[70] Although the
place other than the situs criminis at the time of the commission of the victim may have been defenseless at the time he was seized but there is no
crime; that it was physically impossible for them to have committed the evidence as to the particulars of how he was assaulted and killed,
said crime.[67] They failed to discharge their burden. Moreover, Rita and treachery cannot be appreciated against the accused.[71] In this case, the
Randy positively and spontaneously identified Marlon, Ronald and Leon as victim was defenseless when seized by Marlon and Ronald. However, the
the culprits. The house of Ronald, where he claimed he was when the prosecution failed to present any witness or conclusive evidence that
crime was committed, was only two kilometers away from the house of Modesto was defenseless immediately before and when he was attacked
Modesto and can be negotiated by a tricycle. Leon failed to adduce any and killed. It cannot be presumed that although he was defenseless when
documentary evidence to prove his employment by Sally Asuncion. The he was seized the victim was in the same situation when he was attacked,
barefaced fact that he was a resident of Laoag City does not constitute shot and stabbed by the malefactors. To take advantage of superior
proof that he was in Laoag City on the day of the commission of the crime. strength means to purposely use force that is out of proportion to the
With respect to Marlon, he failed to adduce evidence aside from his means of defense available to the person attacked.[72] What is primordial,
self-serving testimony that he resided in, left Dumaguete City and arrived is that the assailants
this Court held in People v. Rogelio Francisco[73]
in Manila on January 29, 1999. deliberately took advantage of their combined strength in order to
consummate the crime. It is necessary to show that the malefactors
The trial court convicted Marlon, Ronald and Leon of murder with the cooperated in such a way as to secure advantage from their superiority in
qualifying circumstance of treachery in the killing of Modesto. The trial strength.[74]In this case, the prosecution failed to adduce evidence that
court likewise appreciated nighttime and abuse of superior strength and Marlon and Ronald deliberately took advantage of their numerical
the use of unlicensed firearms as separate aggravating circumstances. The superiority when Modesto was killed. The barefaced facts that the
Office of the Solicitor General contends that indeed treachery was malefactors outnumbered Modesto and were armed while Modesto was
attendant in the killing of Modesto. Hence, Marlon, Ronald and Leon are not does not constitute proof that the three took advantage of their
numerical superioty and their handguns when Modesto was shot and severally, to the heirs of the victim the amount of P50,000.00 by way of
stabbed.[75] civil indemnity, the amount of P50,000.00 by way of moral damages and
the amount of P25,000.00 by way of exemplary damages.
In sum then, we believe that Marlon, Ronald and Leon are guilty only of
Homicide defined in and penalized by Article 249 of the Revised Penal SO ORDERED.
Code with reclusion temporal in its full period.
Davide, Jr., C.J., Bellosillo, Puno, Mendoza, Panganiban, Quisumbing, Carpio,
Although the special aggravating circumstance of the use of unlicensed Austria-Martinez, Corona, Carpio-Morales, and Azcuna, JJ., concur.
firearms was proven during the trial, there is no allegation in the Vitug, J., see separate opinion.
Information that Marlon, Ronald and Leon had no license to possess the Ynares-Santiago, and Sandoval-G utierrez, JJ., joins the dissent of J. Vitug.
firearm. Lack of license to possess a firearm is an essential element of the
crime of violation of PD1866 as amended by Republic Act No. 8294, or as a
special aggravating circumstance in the felony of homicide or murder.[76]
Neither can dwelling, although proven, aggravate the crime because said
circumstance was not alleged in the Information as required by Rule 110,
Section 8 of the Revised Rules of Court.[77] Although this rule took effect on
December 1, 2000, after the commission of the offense in this case,
nonetheless it had been given retroactive effect considering that the rule is
favorable to the accused.[78]
There being no modifying circumstances in the commission of homicide,
Marlon, Ronald and Leon should be meted an indeterminate penalty, the
minimum of which shall be taken from the entirety of prision mayor,
ranging from 6 years and one day to 12 years and the maximum period of
which shall be taken from the medium period of reclusion temporal,
ranging from 14 years, 8 months and one day to 17 years and 4 months.
Consequently, the award for damages in favor of the heirs of the victim
should be modified. The sum of P75,000.00 awarded as moral damages
should be reduced to P50,000.00 in accordance with prevailing
jurisprudence.[79] The amount of P25,000.00 as exemplary damages is in
order.[80] In addition, civil indemnity in the amount of P50,000.00 should
be awarded without need of proof, likewise in consonance with prevailing
jurisprudence.[81]
IN LIGHT OF ALL THE FOREGOING, the decision of the trial court is
AFFIRMED with MODIFICATION. Accused-appellants Marlon Delim,
Ronald Delim and Leon Delim are hereby found guilty beyond reasonable
doubt of the felony of Homicide defined in and penalized by Article 249 of
the Revised Penal Code. There being no modifying circumstances in the
commission of the crime, each of accused-appellants is hereby meted an
indeterminate penalty of from ten (10) years and one (1) day of prision
mayor in its maximum period as minimum to fourteen (14) years, eight (8)
months and one (1) day of reclusion temporal in its medium period as
maximum. Accused-appellants are hereby ordered to pay, jointly and