Академический Документы
Профессиональный Документы
Культура Документы
DECISION
MARTINEZ, J.:
This was how Judge Harriet O. Demetriou1 of the Pasig City Regional
Trial Court, Branch 70, in her 132-page Decision dated March 11,
1995 now before us on review, emphatically described the Allan
Gomez-Eileen Sarmenta rape-slay that drew strong condemnation
from an outraged populace in the middle of 1993. After a protracted
and grueling 16-month trial, she found all those charged therewith,
namely: Calauan Mayor Antonio Sanchez (hereafter the Mayor),
George Medialdea, Luis and Rogelio Corcolon, Zoilo Ama, Baldwin
Brion and Pepito Kawit (appellants herein), guilty beyond
reasonable doubt of the crime of rape with homicide on seven
counts and sentenced each one of them:
At the Shell gas station in the poblacion of Calauan, the five (5)
men met and picked up Rogelio Corcolon (hereafter, Boy), Kawit
and Brion, then they proceeded to Los Baos. Along the way, Luis
announced to the group that the real purpose behind the Los Baos
trip is to take a pretty young lass long desired by the Mayor and
offer her to him as a gift. Luis, to satisfy his companions curiosity,
even guaranteed that her beauty will make their saliva drip.
Not for long, the ambulance arrived at the U.P. Los Baos grounds.
Witness Centeno drove the ambulance around the campus at a
snails pace while Luis scoured the area with watchful eyes. As the
search inside the campus proved fruitless, Luis then ordered
Centeno to slowly drive out of the university compound and to stop
upon reaching the vicinity of the Agrix complex. Luis, Boy, Ama,
Brion and Kawit alighted from the ambulance and went inside the
Agrix complex. Witness Centeno overheard Medialdea informing the
Boss, via the radio, that they were already in the area. The Boss
was the Mayor.
As soon as the group arrived at the farm, the two (2) captives were
brought down the van. Eileen was gagged by a handkerchief and
her hands, like Allan, were tied. A white towel was wound around
Allans mouth. The Mayor, then wearing a jogging attire, emerged
from the resthouse and asked the group: My children, whats the
problem? To this Luis respondent: Mayor, this is our gift to you, the
girl youve been longing for. Shes really beautiful. But whos that
man? asked the Mayor. Eileens companion, boss. Medialdea replied.
We brought him along to avoid complications, he continued.
The two youngsters were then brought inside the resthouse where
Eileen was taken to the Mayors room. Allan was badly beaten up by
Luis, Boy, Ama and Medialdea and thereafter thrown out of the
resthouse. Kawit followed-up by striking Allans diaphragm with the
butt of an armalite, causing Allan to fall against a cement box. Brion
thought Allan was already dead, but Kawit said: :His death will
come later.
At around 1:00 a.m. of the next day, a crying Eileen was dragged
out of the resthouse by Luis and Medialdea her hair disheveled,
mouth covered by a handkerchief, hands still tied and stripped of
her shorts. The Mayor, clad merely in white polo, appeared and
thanked Luis and Medialdea for the gift. I am through with her.
Shes all yours, the Mayor uttered in contentment. When asked what
will happen to Allan, Medialdea assured the Mayor that they will also
kill him for full measure. Eileen and Allan were then loaded in the
Tamaraw van by the appellants and headed for Calauan, followed
closely by the ambulance.
June 29, 1993 and the day following were tense moments for the
group. In the morning of June 29, Medialdea and Centeno fetched
Malabanan, Luis and Ama. They were going to Barangay Imok to
make it appear that they were conducting some police operations in
that area. Upon reaching Barangay Imok, the group saw Allans body
which they dumped a few hours earlier. Luis, Medialdea and
Malabanan alighted from the ambulance, whereupon Luis ordered
Centeno to drive back to the municipal hall.
Boy Corcolon, who was at the municipal hall, informed Ama that a
dead female loaded inside a Tamaraw van was found in Barangay
Mabacan. Ama then radioed the PNP Chief of Calauan, Major Cao,
who at that time was summoned by the Mayor. Major Cano
thereafter arrived and ordered one SPO2 Melencio Nuez to
investigate the matter. Meanwhile, Centeno received word that he
was to fetch Malabanan, Luis and Medialdea in Barangay Imok.
After picking up the three (3), Centeno drove the ambulance to
Barangay Mabacan where the dead Eileen was found.
Eileens body lying inside the Tamaraw van was a pitiful sight. Her
face bore a gunshot wound; a handkerchief was stuffed in her
mouth; her T-shirt was rolled up revealing her breasts; and her
panty was rolled down on one of her feet still with rubber shoes on.
Medialdea covered Eileens exposed private parts by fixing her T-
shirt and underwear and by placing a sackcloth over her lower body.
The group then escorted the van with Eileens body in it, to the UP
Los Baos police station where student milled around and identified
the cadaver to be Eileen indeed. Later on, the van carrying Eileen,
as well as Allans body, was brought to the Calauan municipal hall.
There, Centeno saw a prisoner named Arnold cleaning the van.
The following day, June 30, Medialdea, upon the Mayors directive,
handed a pair of white walking shorts to Major Cao. When
Malabanan asked Medialdea whose pair of shorts was that, the
latter replied that it was the short of Eileen which the Mayor wanted
to be delivered to Major Cao.
That same day of June 30, Centeno went to see the Mayor at his
house in Calauan about his worries over reports that the driver of
the ambulance involved in the rape-slay was being hunted down.
The Mayor gave Centeno P2,000.00 and advised him to keep silent
or better yet, to go into hiding. Centeno did hide himself until CIS
agents accosted him at the Divisoria market on August 10, 1993. As
to Malabanan, he, Medialdea and Ama were brought to the PNP Sta.
Cruz Command to shed light on the cleaning of the Tamaraw van.
Coming now to the defense, each of the appellants had an alibi to
tell and sought to put the blame on Kit Alqueza, the son of a feared
general (Dictador Alqueza) who earned the monicker Barako from
the local residents.
Eventually, the Mayor got hold of the pairs of white shorts and
maong pants. The shorts was clean, with complete beltloops and
without any tear. He then ordered his driver Puyales to send the
articles to Medialdea for safekeeping. But during the trial, the
Mayor, when shown the shorts and pants, claimed that they are
quite different from the articles he got hold of previously. The
maong pants shown to him by Mang Torio was of a darker shade of
blue. As to the white shorts, it was the same pair he gave to
Medialdea, but now it is torn and has some missing beltloops.
Based on his own investigation, the Mayor came to know that Kit
Alqueza is a feared and dangerous student of the university, being a
member of an elite fraternity in the campus and a generals son at
that. The Mayor later informed Congressman Tingzon of Kits
probable involvement in the crime. Congressman Tingzon, in turn,
disclosed that Kit, his nephew-in-law (the congressmans wife is the
sister of Gen. Alquezas wife), was hiding in his house and that the
legislator will call Gen. Alqueza in Davao City to discuss the matter.
The Mayor also testified that he closely coordinated with Major Cao
in investigating the case. This included frequent evening
conferences with Malabanan, medialdea and Ama who were
members of Major Caos investigation team.
The crack team met again in the morning of June 29, 1993 to
continue the manhunt for Tisoy. At around 7:15 a.m. in Barangay
Imok, they saw Tisoy speed by in a motorcycle. Medialdea and Luis
fired shots in the air but Tisoy managed to escape. Centeno was not
present when this event transpired because he was instructed to go
to the municipal hall with the ambulance.
Upon hearing news over the radio that a dead body was found at
Sitio Paputok, Km. 74, Barangay Mabacan, Medialdea radioed
Centeno to fetch the group at the fishpond of one Gani. As soon as
Centeno arrived at around 8:00 a.m., they proceeded to Km. 74
where they saw Eileens body inside the van parked in the sugarcane
field. Major Cao and several policemen were already there.
Medialdea had to pull down Eileens T-shirt and roll up her
underwear to spare her from numerous kibitzers staring at her
naked body. He recovered several scattered items inside the van
like cigarette packs, a paddle, spike shoes, and 5 bottles of beer.
The van was then driven by a certain Gener to the UP Los Baos
escorted by the ambulance and Major Caos police car.
Ama then informed Major Cao that they have a suspect named Kit
who had an axe to grind against Allan. Then someone in the crowd
uttered Ako iyon. Kit approached and told Ama that he and Allan
had patched up their differences three (3) months ago. Medialdea
noticed a drop of blood on the middle of Kits right thigh. Kit
explained that the blood oozed after punching a wall with his right
knuckle.
Medialdea also testified that it was Major Cao who ordered the
cleaning of the van to diffuse the stench caused by the blood stains
therein.
Major Cao visited Medialdea the next day, July 7. The major advised
him that they should just point to Malabanan as the one who
cleaned the van. Medialdea did not heed his advice for he pitied
Malabanan and besides, it was Major Cao who really ordered its
cleaning. The major then reiterated the reason why he caused its
cleaning (the unbearable stench of blood).
Days later, on July 16, 1993, Medialdea and Ama, together with
Malabanan, were brought to the Department of Justice where Fiscal
Abesamis asked them to sign a waiver of their detention. On July
24, 1993, the three (3) men were led back to PNP Canlubang where
Colonels Gualberto and Tiangco began investigating then on July 27,
1993. During the investigation, Medialdea was being enticed by Col.
Gualberto to cooperate with the government by testifying against
the Mayor, as there is an order from the higher echelon to bring the
Mayor down. He refused, saying that the Mayor is completely
innocent because he is pro-poor and the Mayor even walks the
church aisle on his knees. Col. Gualberto threatened that he will be
dragged all the more to the case if he will not cooperate. Medialdea
begged for mercy and suggested that they should investigate Kit
instead. The colonel said that messing up with Kit is like ramming
into a wall. Medialdea was then asked to sign a statement that
contained inaccurate answers. The inaccuracies were supplied by
Col. Gualberto.
Luis was also a member of the team formed by Major Cao to hunt
down Tisoy. At around 8:30 in the morning of June 28, 1993, he
was fetched by Medialdea, Ama, Malabanan and proceeded to
Barangay Imok on board the ambulance driven by Centeno to
apprehend Tisoy. At around 1:00 p.m., Luis left the group and went
to Bay cockpit to meet Lavadia, as agreed upon the previous day.
When he arrived at the cockpit, only Lavadias men were there. Luis
then asked one of the men to tell Lavadia that he is backing out of
the agreement. He first attended the derby being held at the cockpit
before returning to Barangay Imok at around 5:00 p.m. and re-
joined the team. They left Barangay Imok at around 7:30 p.m. and
proceeded to Barangay Wawa, San Pablo City where they stayed for
about two (2) hours waiting for Tisoy. Sensing that Tisoy would not
be passing by, the team headed back for Calauan. Luis was driven
home first and reached his house at around 9:30 p.m. A certain
Ernesto Bustillo was waiting for him to borrow his passenger
jeepney. Thereafter, Luis slept at around 10:30 p.m.
At around 4:45 a.m. of the next day (June 29) while Luis was
preparing the breakfast of his children, a Tamaraw van, driven by
Kit, stopped in front of his house honking its horn continuously.
Four (4) motorcycle-riding men, each wearing bonnet masks and
maong jackets, escorted the van. Kit sought his help in burying at
once the dead female body inside the van. Luis inspected the van
and saw a naked corpse of a woman. He refused Kits summons
after which Luis immediately returned to his house, turned off the
lights and closed door for fear that Kits escorts would shoot him.
The convoy then headed towards the direction of Sitio Paputok, Km.
74.
In the morning if June 30, 1993, Luis met the Mayor. The latter
instructed him to investigate on who dumped Eileens body at Km.
74. Luis obliged and said that he will make a report within a week.
He, however, did not tell the Mayor about Kits involvement in the
crime.
In the afternoon of July 12, 1993, Luis went to Boys house upon
being summoned by the Mayor who was with General Quizon and
Colonel Hilario. He and Boy were brought to Camp Crame for
interview. After the interview, the CIS took their sworn statements.
The answers therein, Luis said, were furnished by the agents. He
signed the statement out to fear without the assistance of a lawyer
of his own choice. For several days, he was investigated by PACC
agents. Then on or July 20, 1993, he and Boy were transferred to
CIS Canlubang and were interrogated by Col. Tiangco who
repeatedly manhandled and cursed him. Luis insisted on his
innocence and suggested that it is Kit who they should investigate.
After the interview, Luis was tortured by way of water treatment,
denied of food and was not allowed to receive visitors. In the
afternoon of June 28, 1993, Luis was brought before the PACC
where he was again manhandled during the 2-hour interrogation.
He answered yes to all the questions hurled at him because he was
already dizzy. He was also informed that Lavadia had already
executed a statement saying that the latter paid him.
Boy Corcolon testified that he never left house on the night of June
28, 1993. He woke up at around 7:00 a.m. of the next day and
proceeded to the Calauan police station on his motorcycle upon
being informed of the discovery of a dead female in sitio Paputok,
Km. 74. After going to the municipal building where he saw Ama,
Major Cao and Judge Baldo, Boy followed Major Cao and his men in
going to Km. 74. There he saw the naked body of the dead woman
inside the van. Boy thereafter followed the van to the UP compound.
Moments later, the van was brought to Calauan municipal hall
compound. He did not stay in the municipal hall, but went straight
home instead.
The CIS agents raided his house on July 7, 1993. The next day, Boy
read in the papers that he and his brother Luis were being haunted
down by the authorities and a P100,000.00 bounty is at stake for
their capture. He rushed to the house of the Mayor to inform the
latter of the raid. The Mayor advised him to remain calm and to
avoid being visible.
The next day (June 21), they were brought to CIS Canlubang and
stayed there until the start of the trial in September, 1993. Boy
claimed he was subjected to electric shock and water treatment to
make him confess his guilt.
At around 6:15 a.m. of the next day (June 29), he was at Barangay
Balayhangin to wait for Tisoy per Medialdeas instruction. Minutes
later, he saw Tisoy pass by on a motorcycle and thereafter reported
the matter to Medialdea. Ama learned of Eileens death at around
8:00 a.m. when he was at the Calauan police station. Centeno
thereafter picked him up and they, together with Medialdea,
Malabanan and Luis proceeded to Sitio Paputok where Eileens body
was found.
Ama and the rest of the group were able to talk to Jet Tejada who
denied any involvement in the crime. After Major Cao informed him
that Allan is already dead, Ama told the major about the friction
between Allan and Kit. Then someone tapped Major Caos shoulder
and identified himself as Kit who clarified that he had patched up
with Allan about three (3) months ago. Kit angrily pointed his finger
at Ama, then Major Cao pacified them. Ama asked Kit about the
drops of blood on his right thigh. Kit explained that the blood came
from his right knuckle. He is our suspect Ama blurted. Major Cao,
however, reprimanded him for making such a loud comment.
Five days later (July 29), they were brought to the PACC where Luis
pointed to them before the media. The next day (July 30), he and
General Alqueza met at the Department of Justice. The general
cursed him for dragging Kit in the case and even challenged him to
a fistfight outside the building.
Brion, together with Malabanan, Ama and Luis, was brought to the
office of the then Vice-President Estrada who asked Ama and
Malabanan whether they raped Eileen. Ama belied the accusation.
Malabanan, too, professed innocence and said that in the nine (9)
years he stayed in Mindanao, it is his first time to cry this way. This
convinced the vice-president of Malabanans innocence. Kawit also
cried at this point. Brion saw Luis being held up by two men towards
the room as Luis appeared to be on the brink of collapse. One of the
escorts then raised Luis hand so as to point at Brion.
On July 30, 1993, Brion, Ama, Malabanan, Kawit, Luis and Boy were
brought to the Department of Justice where Fiscal Zuo asked them
to sign some papers. Luis was instructed to re-affirm his sworn
statement before the PACC while Brion and Kawit were asked to
sign a waiver of detention. The three (3), however, refused. Fiscal
Zuo offered them a lawyer from the Public Assistance Office (PAO)
to assist them but Brion rejected the offer.
2) his hands would be tied behind his back and he would be tied
to a bench. A towel would be placed over his mouth and nostrils,
then 7-up is poured on his face;
Judge Demetriou who presided over the entire trial until its very
conclusion expressed her satisfaction with the way witnesses
Centeno and Malabanan survived the hot seat with flying colors, so
to speak. With respect to Centeno, the honorable Judge had this to
say:
In thus passing upon the credibility of Centeno, this Court kept his
alleged dubious reputation for veracity in mind. But, after carefully
reviewing the testimony of Centeno in his direct examination and
gruelling (sic) cross-examination for almost 3 months, this Court,
even with a jaundiced eye, could not help but be impressed about
the myriad of details in his testimony and his frank, spontaneous
and straightforward manner of testifying. The lengthy and punishing
cross-examination by seven lawyers to which he was subjected
failed to bring out any serious flaw or infirmity in his perception or
recollection of events or destroy the coherence of his narration. That
Centeno merely wove such a yarn from his fertile imagination,
conflict with a multitude of details, is highly improbable considering
that his highest educational attainment was sixth grade in the
elementary school.6
Similarly, Malabanan displayed a frank, straightforward manner of
answering questions and a desire to state all the facts within his
knowledge, and his credibility was never shaken on cross-
examination; there was no indication of prevarication or
evasiveness. Consequently, (his) testimony is entitled to full faith
and credit, the honorable Judge observed.7 Her impressions of these
star witnesses for the State bind this Court, for we accord great
respect if not finality, to the findings of the trial court on the
credibility of witnesses.8 They, therefore, ought not to be
disturbed.9And once the prosecution witnesses are afforded full faith
and credit, the defenses version necessarily stands discredited.10 cräläwvi rtua lib räry
Appellants point out that while in his Sworn Statement dated August
13, 1993, Centeno stated that after the victims were seized, they
were brought to CPAMMS, in his Sworn Statement dated August 15,
1993, he claimed that the two were brought to Erais Farm (p. 86-
96, Sanchez and Medialdea; p. 11-12, Luis Corcolon; p. 38, Ama,
Brion and Kawit; p. 10, Rogelio Corcolon). Appellant also point out
that in the August 13, 1993 Sworn Statement, Centeno merely
referred to a person named Edwin (without stating his family name)
and another person he did not know who was in the place where the
victims were brought. In his Sworn Statement dated August 17,
1993, Centeno supplied the family name of Edwin as Cosico and the
name of the other person whom he did not know as Lito Angeles
(pp. 96-97, Sanchez and Medialdea).
With respect to the portion of his sworn statement dated August 13,
1993 which implicated Kit Alqueza, Centeno explained that it was
dictated by a CIS agent named Rommel. He feared Rommel because
the latter threatened him that he would be hurt if he did not
cooperate. Even when his family was already under the custody of
the CIS on August 15, 1993, he did not ask for the deletion of the
said portion because he was still under the CIS custody. It was only
on August 30, 1993 when he was placed under the Witness
Protection Program that he found the courage to execute another
sworn statement for the specific purpose of deleting the reference
to Kit Alqueza. Although he was placed under the Witness Protection
Program on August 17, 1993, there was a delay in his retraction of
Kit Alquezas involvement due to his inability to reach Fiscal
Arellano.
2) he was unsure whether it was Eileens left or right foot that hit
the chair of the van when she was struggling;
8) his testimony that the appellants raped Eileen inside the van
which was very limited space, while appellants could have chosen a
far more comfortable or remote place to do the crime. With respect
to the Mayor, it was very unbelievable for him to commit rape inside
his room filled with religious adornments and in the process risk his
reputation as mayor and an established man in the community;
10) his admission that he can lie for money, or out fear.
Appellants Ama, Kawit and Brion would assail the trial courts finding
that they were part of the conspiracy to commit the rape-slay. Their
concurrency of sentiment with the other appellants, however, was
evident from the time they abducted Eileen and Allan, brought the
two to Erais Farm where Eileen was raped by the Mayor and Allan
beaten up black and blue, headed for a sugarcane field killing Allan
along the way, sexually abused Eileen in rapid succession and finally
killed her. In not an instance did any of the three appellants (Ama,
Kawit and Brion) desist from that common design.29 Likewise, the
complicity of the Mayor in the crime can be deduced from the
following conversations he had with some of the appellants at the
Erais Farm (per Centenos testimony), viz.:
MAYOR: Aba, and ganda talaga ng babaeng yan. Pero sino yung
kasama ninyong lalake?
SO ORDERED.
Endnotes:
2
Atty. Juanito Andrade.
4 People v. Tacipit, 242 SCRA 241; People v. Sarabia, 266 SCRA 471.
11People v. Tabaco, 270 SCRA 32; People v. Piandong, 268 SCRA 555; People v. Dinglasan, 267 SCRA 26;
People v.Navales, 266 SCRA 569; People v. Ferrer, 255 SCRA 19; People v. Abrenica, 252 SCRA 54; People v. Vivar, 235
SCRA 257.
12
People v. Plandez, 132 SCRA 70.
18 People v. Ferrer, 255 SCRA 19; People v. Sarellana, 233 SCRA 31; People v. Quiming, 222 SCRA 371.
22 Sumalpong v. CA, 268 SCRA 764; People v. Sison, 189 SCRA 643.
23
People v. Letigio, 268 SCRA 227; People v. Mendoza, 254 SCRA 61.
25
People v. Ibay, 233 SCRA 15.
27
People v. Cervantes, 222 SCRA 365; People v. Tismo, 204 SCRA 535; People v. Cruz, 180 SCRA 765; David v. CA, 182
SCRA 675; People v. Taneo, 284 SCRA 251.
28 People v. Julian, 270 SCRA 733; People v. Balsacao, 241 SCRA 309.