ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
May-1995 Jurisprudence                 

  • G.R. Nos. 101801-03 May 2, 1995 : PEOPLE OF THE PHIL. vs. EDUARDO "EDDIE" TAMI

  • G.R. No. 113739 May 2, 1995 : CLAUDIO M. ANONUEVO, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108886 May 5, 1995 : AQUILES U. REYES vs. REGIONAL TRIAL COURT OF ORIENTAL MINDORO, BRANCH XXXIX, ET AL.

  • Adm. Matter No. RTJ-95-1293 May 9, 1995 : GIL V. MANLAVI vs. EUSTAQUIO Z. GACOTT, JR.

  • G.R. No. 101444 May 9, 1995 : A.C. ENTERPRISES, INC. vs. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 113287 May 9, 1995 : LOYOLA SECURITY AND DETECTIVE AGENCY, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-842 May 10, 1995 : MYLA PAREDES, ET AL. vs. JACINTO A. MANALO

  • G.R. No. L-42108 May 10, 1995 : OSCAR D. RAMOS, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 110590 May 10, 1995 : ZORAYDA AMELIA C. ALONZO vs. IGNACIO M. CAPULONG, ET AL.

  • G.R. No. 91756 May 11, 1995 : PEOPLE OF THE PHIL. vs. RAUL G. ESCOTO, ET AL.

  • G.R. No. 117389 May 11, 1995 : ROMEO V. OBLEA, ET AL. vs. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2468 May 12, 1995 : NILO L. MIRAFLOR vs. JUAN M. HAGAD, ET AL.

  • Adm. Matter No. MTJ-93-782 May 12, 1995 : YOLANDA CRUZ vs. FILOMENO S. PASCUAL

  • G.R. No. 100125 May 12, 1995 : PEOPLE OF THE PHIL. vs. ROMEO B. MAGALONG, ET AL.

  • G.R. No. 113081 May 12, 1995 : WORLDWIDE PAPERMILLS, INC., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 95028 May 15, 1995 : PEOPLE OF THE PHIL. vs. MARLO L. COMPIL

  • G.R. No. 100911 May 16, 1995 : PEOPLE OF THE PHIL. vs. MAJID SAMSON, ET AL.

  • G.R. No. 105248 May 16, 1995 : BENJAMIN ROMUALDEZ vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 106643 May 16, 1995 : PEOPLE OF THE PHIL. vs. EDWIN M. MESAL

  • G.R. No. 112141 May 16, 1995 : PHOENIX IRON AND STEEL CORP. vs. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 96372 May 22, 1995 : ANTONIO L. CASTELO, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99846 May 22, 1995 : BELEN CRUZ, ET AL. vs. FE ESPERANZA LEABRES

  • G.R. No. 102485 May 22, 1995 : PEOPLE OF THE PHIL vs. LUIS TAMPAL, ET AL.

  • G.R. No. 106483 May 22, 1995 : ERNESTO L. CALLADO vs. INTERNATIONAL RICE RESEARCH INSTITUTE

  • G.R. No. 107903 May 22, 1995 : MARILOU RIVERA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109991 May 22, 1995 : ELIAS C. QUIBAL, ET AL. vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 110658 May 22, 1995 : PEOPLE OF THE PHIL. vs. DEBORAH WOOLCOCK, ET AL.

  • G.R. Nos. 116506-07 May 22, 1995 : BILLY P. OBUGAN vs. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 119694 May 22, 1995 : PHILIPPINE PRESS INSTITUTE, INC. vs. COMMISSION ON ELECTIONS - COMELEC

  • G.R. No. 95367 May 23, 1995 : JOSE T. ALMONTE, ET AL. vs. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 115278 May 23, 1995 : FORTUNE INSURANCE AND SURETY CO., INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 116650 May 23, 1995 : TOYOTA SHAW, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 68252 May 26, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. TOKYO SHIPPING CO. LTD., ET AL.

  • G.R. No. 100354 May 26, 1995 : PEOPLE OF THE PHIL. vs. DIONISIO M. TADEPA

  • G.R. No. 109560 May 26, 1995 : NESTOR ILANO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109776 May 26, 1995 : PEOPLE OF THE PHIL vs. ROQUE CABRESOS

  • G.R. No. 110776 May 26, 1995 : MARANAW HOTEL & RESORT CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112015 May 26, 1995 : PEOPLE OF THE PHIL. vs. RENATO DAEN, JR.

  • G.R. No. 114870 May 26, 1995 : MIGUELA R. VILLANUEVA, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115814 May 26, 1995 : PEDRO P. PECSON vs. COURT OF APPEALS, ET AL.

  • G.R. No. 94033 May 29, 1995 : FELICIANO RAMOS vs. FRANCISCO C. RODRIGUEZ

  • G.R. No. 97936 May 29, 1995 : PEOPLE OF THE PHIL. vs. ALEJANDRO C. LUCERO

  • G.R. No. 105208 May 29, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. PHILIPPINE AMERICAN LIFE INSURANCE CO., ET AL.

  • G.R. Nos. 106385-88 May 29, 1995 : PEOPLE OF THE PHIL. vs. ALEJANDRO MANDAP

  • G.R. No. 108123 May 29, 1995 : PEOPLE OF THE PHIL. vs. ARNEL M. SOBERANO

  • G.R. No. 109142 May 29, 1995 : PEOPLE OF THE PHIL. vs. IRENEO SILVESTRE, ET AL.

  • G.R. No. 112045 May 29, 1995 : DANILO F.C. RIMONTE vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 113057-58 May 29, 1995 : PEOPLE OF THE PHIL. vs. JUAN F. REMOTO

  • G.R. No. 113786 May 29, 1995 : PEOPLE OF THE PHIL. vs. NONY BACLAYO, ET AL.

  • Adm. Matter No. P-93-976 May 31, 1995 : MENCHIE PUNSALAN-SANTOS vs. NAPOLEON I. ARQUIZA

  • G.R. No. 73974 May 31, 1995 : REPUBLIC OF THE PHIL. vs. REGISTER OF DEEDS OF QUEZON

  • G.R. No. 100915 May 31, 1995 : PEOPLE OF THE PHIL. vs. JOSEPH SUPREMO

  • G.R. No. 106639 May 31, 1995 : PEOPLE OF THE PHIL. vs. SATURNINO J. SOLON

  • G.R. No. 108544 May 31, 1995 : REPUBLIC OF THE PHIL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110808 May 31, 1995 : PEOPLE OF THE PHIL. vs. ALFONSO QUINEVISTA, JR.

  • G.R. No. 110954 May 31, 1995 : DELFIN N. DIVINAGRACIA, JR., ET AL. vs. PATRICIA A. STO. TOMAS, ET AL.

  • G.R. No. 111812 May 31, 1995 : DIONISIO M. RABOR vs. CIVIL SERVICE COMMISSION

  • G.R. No. 114268 May 31, 1995 : PEOPLE OF THE PHIL. vs. FELICIANO HILARIO

  • G.R. No. 115942 May 31, 1995 : RUBLE RUBENECIA vs. CIVIL SERVICE COMMISSION

  • G.R. Nos. 101801-03 May 2, 1995 - PEOPLE OF THE PHIL. v. EDUARDO "EDDIE" TAMI

  • G.R. No. 113739 May 2, 1995 - CLAUDIO M. ANONUEVO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108886 May 5, 1995 - AQUILES U. REYES v. REGIONAL TRIAL COURT OF ORIENTAL MINDORO, BRANCH XXXIX, ET AL.

  • Adm. Matter No. RTJ-95-1293 May 9, 1995 - GIL V. MANLAVI v. EUSTAQUIO Z. GACOTT, JR.

  • G.R. No. 101444 May 9, 1995 - A.C. ENTERPRISES, INC. v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 113287 May 9, 1995 - LOYOLA SECURITY AND DETECTIVE AGENCY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-842 May 10, 1995 - MYLA PAREDES, ET AL. v. JACINTO A. MANALO

  • G.R. No. L-42108 May 10, 1995 - OSCAR D. RAMOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110590 May 10, 1995 - ZORAYDA AMELIA C. ALONZO v. IGNACIO M. CAPULONG, ET AL.

  • G.R. No. 91756 May 11, 1995 - PEOPLE OF THE PHIL. v. RAUL G. ESCOTO, ET AL.

  • G.R. No. 117389 May 11, 1995 - ROMEO V. OBLEA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2468 May 12, 1995 - NILO L. MIRAFLOR v. JUAN M. HAGAD, ET AL.

  • Adm. Matter No. MTJ-93-782 May 12, 1995 - YOLANDA CRUZ v. FILOMENO S. PASCUAL

  • G.R. No. 100125 May 12, 1995 - PEOPLE OF THE PHIL. v. ROMEO B. MAGALONG, ET AL.

  • G.R. No. 113081 May 12, 1995 - WORLDWIDE PAPERMILLS, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 95028 May 15, 1995 - PEOPLE OF THE PHIL. v. MARLO L. COMPIL

  • G.R. No. 100911 May 16, 1995 - PEOPLE OF THE PHIL. v. MAJID SAMSON, ET AL.

  • G.R. No. 105248 May 16, 1995 - BENJAMIN ROMUALDEZ v. SANDIGANBAYAN, ET AL.

  • G.R. No. 106643 May 16, 1995 - PEOPLE OF THE PHIL. v. EDWIN M. MESAL

  • G.R. No. 112141 May 16, 1995 - PHOENIX IRON AND STEEL CORP. v. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 96372 May 22, 1995 - ANTONIO L. CASTELO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 99846 May 22, 1995 - BELEN CRUZ, ET AL. v. FE ESPERANZA LEABRES

  • G.R. No. 102485 May 22, 1995 - PEOPLE OF THE PHIL v. LUIS TAMPAL, ET AL.

  • G.R. No. 106483 May 22, 1995 - ERNESTO L. CALLADO v. INTERNATIONAL RICE RESEARCH INSTITUTE

  • G.R. No. 107903 May 22, 1995 - MARILOU RIVERA v. COURT OF APPEALS, ET AL.

  • G.R. No. 109991 May 22, 1995 - ELIAS C. QUIBAL, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110658 May 22, 1995 - PEOPLE OF THE PHIL. v. DEBORAH WOOLCOCK, ET AL.

  • G.R. Nos. 116506-07 May 22, 1995 - BILLY P. OBUGAN v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 119694 May 22, 1995 - PHILIPPINE PRESS INSTITUTE, INC. v. COMMISSION ON ELECTIONS

  • G.R. No. 95367 May 23, 1995 - JOSE T. ALMONTE, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 115278 May 23, 1995 - FORTUNE INSURANCE AND SURETY CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116650 May 23, 1995 - TOYOTA SHAW, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 68252 May 26, 1995 - COMMISSIONER OF INTERNAL REVENUE v. TOKYO SHIPPING CO. LTD., ET AL.

  • G.R. No. 100354 May 26, 1995 - PEOPLE OF THE PHIL. v. DIONISIO M. TADEPA

  • G.R. No. 109560 May 26, 1995 - NESTOR ILANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 109776 May 26, 1995 - PEOPLE OF THE PHIL v. ROQUE CABRESOS

  • G.R. No. 110776 May 26, 1995 - MARANAW HOTEL & RESORT CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112015 May 26, 1995 - PEOPLE OF THE PHIL. v. RENATO DAEN, JR.

  • G.R. No. 114870 May 26, 1995 - MIGUELA R. VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115814 May 26, 1995 - PEDRO P. PECSON v. COURT OF APPEALS, ET AL.

  • G.R. No. 94033 May 29, 1995 - FELICIANO RAMOS v. FRANCISCO C. RODRIGUEZ

  • G.R. No. 97936 May 29, 1995 - PEOPLE OF THE PHIL. v. ALEJANDRO C. LUCERO

  • G.R. No. 105208 May 29, 1995 - COMMISSIONER OF INTERNAL REVENUE v. PHILIPPINE AMERICAN LIFE INSURANCE CO., ET AL.

  • G.R. Nos. 106385-88 May 29, 1995 - PEOPLE OF THE PHIL. v. ALEJANDRO MANDAP

  • G.R. No. 108123 May 29, 1995 - PEOPLE OF THE PHIL. v. ARNEL M. SOBERANO

  • G.R. No. 109142 May 29, 1995 - PEOPLE OF THE PHIL. v. IRENEO SILVESTRE, ET AL.

  • G.R. No. 112045 May 29, 1995 - DANILO F.C. RIMONTE v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 113057-58 May 29, 1995 - PEOPLE OF THE PHIL. v. JUAN F. REMOTO

  • G.R. No. 113786 May 29, 1995 - PEOPLE OF THE PHIL. v. NONY BACLAYO, ET AL.

  • Adm. Matter No. P-93-976 May 31, 1995 - MENCHIE PUNSALAN-SANTOS v. NAPOLEON I. ARQUIZA

  • G.R. No. 73974 May 31, 1995 - REPUBLIC OF THE PHIL. v. REGISTER OF DEEDS OF QUEZON

  • G.R. No. 100915 May 31, 1995 - PEOPLE OF THE PHIL. v. JOSEPH SUPREMO

  • G.R. No. 106639 May 31, 1995 - PEOPLE OF THE PHIL. v. SATURNINO J. SOLON

  • G.R. No. 108544 May 31, 1995 - REPUBLIC OF THE PHIL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110808 May 31, 1995 - PEOPLE OF THE PHIL. v. ALFONSO QUINEVISTA, JR.

  • G.R. No. 110954 May 31, 1995 - DELFIN N. DIVINAGRACIA, JR., ET AL. v. PATRICIA A. STO. TOMAS, ET AL.

  • G.R. No. 111812 May 31, 1995 - DIONISIO M. RABOR v. CIVIL SERVICE COMMISSION

  • G.R. No. 114268 May 31, 1995 - PEOPLE OF THE PHIL. v. FELICIANO HILARIO

  • G.R. No. 115942 May 31, 1995 - RUBLE RUBENECIA v. CIVIL SERVICE COMMISSION

  •  





     
     

    G.R. No. 100911   May 16, 1995 - PEOPLE OF THE PHIL. v. MAJID SAMSON, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 100911. May 16, 1995.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MAJID SAMSON alias Commander Bungi, AWALON KAMLON alias Commander Kamlon, CARLOS FALCASANTOS, SALVADOR MAMARIL, HADJIRUL PLASIN, JAINUDDIN HASSAN, JUMATIYA FALCASANTOS, NORMA SAHIDDAN DE KULAIS, JALIHA HUSSIN DE KAMMING, IMAM TARUK ALAH, FREDDIE MANUEL, JAILON KULAIS and several John Does, Accused, MAJID SAMSON alias Commander Bungi, AWALON KAMLON alias Commander Kamlon, and CARLOS FALCASANTOS, at large, JAILON KULAIS and IMAM TARUK ALAH, Accused-Appellants.


    SYLLABUS


    1. REMEDIAL LAW; EVIDENCE; FINDINGS OF TRIAL COURT RESPECTED IN CASE AT BAR. — The trial court which had an opportunity to observe both the witnesses for the prosecution and for the defense gave credence to the prosecution witnesses and their testimonies. Theirs were "positive, clear and convincing," ruled the court a quo. The lone eyewitness account of kidnap victim A2C Monteverde, candid and straightforward, is sufficient to convict appellant of kidnapping for ransom. A2C Monteverde named and pinpointed them in open court. It appears that the trial court did not overlook facts or circumstances which may otherwise affect the result of the case, its findings regarding the credibility of witnesses cannot be overturned. The trial court is in a better position to decide this question after having heard the witnesses themselves and observed their deportment and manner of testifying . Hence when the trial court, as in the case at bench, declares that the testimony of A2C Monteverde was "positive, clear and convincing," its declaration must be sustained and respected. Furthermore, absent any showing that A2C Monteverde was actuated by any improper motive, his testimony is entitled to full faith and credit.chanrobles lawlibrary : rednad

    2. ID.; CRIMINAL PROCEDURE; ARREST; IRREGULARITY CURED BY VOLUNTARY SUBMISSION TO THE JURISDICTION OF TRIAL COURT AND ENTERING A PLEA OF ‘NOT GUILTY’, AND PARTICIPATING IN THE TRIAL. — Appellant is now estopped from questioning any defect in the manner of his arrest as he failed to move for the quashing of the information before the trial court. Consequently, any irregularity attendant to his arrest was cured when he voluntarily submitted himself to the jurisdiction of the trial court by entering a plea of "not guilty" and by participating in the trial. What is more, his submission that he was not apprehended during a skirmish but while plowing his field becomes puerile when pitted against the positive testimony of Lt. Melquiades Feliciano who led Charlie Task Force BFK (Bungi, Falcasantos and Kamlon) in apprehending him and his companions. Credence is accorded to the testimony of Lt. Melquiades that appellant was captured during a military offensive, which testimony the trial court characterized as "positive, clear and convincing."cralaw virtua1aw library

    3. CRIMINAL LAW; PENALTIES; RECLUSION PERPETUA; PROPER PENALTY IN CASE AT BAR. — The penalty against accused-appellant, which should be reclusion perpetua and not life imprisonment. We have repeatedly emphasized that reclusion perpetua and life imprisonment are not synonymous but distinct in nature, in duration and in accessory penalties.


    D E C I S I O N


    BELLOSILLO, J.:


    Well entrenched in our criminal law and procedure is the rule that, unless otherwise specifically required, the testimony of a single eyewitness if credible and trustworthy is sufficient to support a finding of guilt beyond reasonable doubt. And since the determination of credibility is within the province of the trial court which has the opportunity to examine and observe the demeanor of witnesses appellate courts will not generally interfere in this jurisdiction. Guided by these established precepts, we deny the instant appeal from the judgment of the Regional Trial Court of Zamboanga City, Br. 12, 1 which on 13 February 1991 found accused Jailon Kulais y Mohamad, Imam Taruk Alah y Salih, Jainuddin Hassan y Ahmad, Salvador Mamaril y Mendoza and Hadjirul Plasin y Alih guilty as principals of kidnapping for ransom and sentenced each of them to life imprisonment.cralawnad

    In the same Decision, Jumatiya Amlani de Falcasantos, Norma Sahiddan de Kulais and Jaliha Hussin de Kamming were considered accomplices to the crime and meted lesser penalties, while Freddie Manuel alias "Ajid" was acquitted of the charges filed against him.

    The charges against co-accused Majid Samson alias Commander Bungi, Awalon Kamlon alias Commander Kamlon, Carlos Falcasantos and several John Does who all remained at large were archived until their arrest could be effected.

    Of the eight (8) accused who were convicted only Jailon Kulais appealed from the judgment of the trial court and accordingly filed his appellant’s brief within the reglementary period. Imam Taruk Alah y Salih who manifests before this Court that he filed a notice of appeal in the court a quo, however, failed to pursue his case as he did not submit his appellant’s brief within the prescribed period. Accordingly, this discussion concerns only appellant Kulais who has perfected his appeal.

    In the main, the appeal raises two (2) issues: first, that the testimony of lone eyewitness and alleged kidnap victim Airman Second Class (A2C) Ruben Monteverde of the Philippine Air Force is "marred with contradictions, impossibilities and improbabilities" 2 and thus fails to prove the guilt of the accused beyond reasonable doubt; and, second, that the trial court erred in not finding that appellant was a victim of an illegal arrest.

    The propositions are unavailing. The trial court which had an opportunity to observe both the witnesses for the prosecution and fore the defense gave credence to the prosecution witnesses and their testimonies. Theirs were "positive, clear and convincing," 3 ruled the court a quo. Thus, eyewitness and kidnap victim A2C Monteverde testified that on 30 January 1990 at about six-thirty in the morning he was riding a Fortune Bus on his way to the city to report for duty. He came from Ipil, Zamboanga del Sur. Somewhere in sitio Texas, Barangay Tictapul, Vitali, Zamboanga City, armed members of the Moro National Liberation Front (MNLF) stopped the bus he was riding and dragged out some eleven (11) passengers. He was the seventh person dragged. The captives were then herded to the mountains of Tungawan, Zamboanga del Sur, where they were transferred from one site to another and held hostage for about one (1) month. During their month-long detention, they were ordered among others to fetch water, cook, and carry the clothes of their kidnappers whom they came to know. They were likewise ordered to write ransom letters to their relatives. For his part, A2C Monteverde was directed by Commander Kamlon to ask for P30,000.00 from his relatives in exchange for his freedom. On 6 March 1990, during an encounter between his captors and the pursuing military, A2C Monteverde was able to escape. He immediately went to the 482nd PC Company in Ipil, Zamboanga del Sur, to report his abduction. The lone eyewitness account of kidnap victim A2C Monteverde, candid and straightforward, is sufficient to convict appellant of kidnapping for ransom.chanrobles.com : virtual law library

    On 27 May 1990 the military conducted an operation which resulted in the capture of some members of the group believed to be responsible for the kidnapping of A2C Monteverde and a number of civilians. A2C Monteverde and a number of civilians. A2C Monteverde named and pinpointed them in open court: Jailon (accused-appellant) who identified himself as Jailon Kulais; Taruk who identified himself as Imam Taruk Alah; Salam who identified himself as Salvador Mamaril; Mating who identified herself as Jumatiya Amlani; Hadjirul who identified himself as Hadjirul Plasin; and Jainuddin who identified himself as Jainuddin Hassan. He also pointed to Jaliha Hussin and Norma Sahiddan, who were likewise apprehended but whose names he could not recall, and Commander Kamlon, Commander Falcasantos, Commander Bungi, Sapari, Uling, Hassim, Jamlim, and others who were not apprehended.

    Thus, since it appears that the trial court did not overlook facts or circumstances which may otherwise affect the result of the case, its findings regarding the credibility of witnesses cannot be overturned. The trial court is in a better position to decide this question after having heard the witnesses themselves and observed their deportment and manner of testifying . Hence when the trial court, as in the case at bench, declares that the testimony of A2C Monteverde was "positive, clear and convincing," 4 its declaration must be sustained and respected. Furthermore, absent any showing that A2C Monteverde was actuated by any improper motive, his testimony is entitled to full faith and credit.chanrobles lawlibrary : rednad

    Anent the second issue, appellant is now estopped from questioning any defect in the manner of his arrest as he failed to move for the quashing of the information before the trial court. Consequently, any irregularity attendant to his arrest was cured when he voluntarily submitted himself to the jurisdiction of the trial court by entering a plea of "not guilty" and by participating in the trial. 5 What is more, his submission that he was not apprehended during a skirmish but while plowing his field becomes puerile when pitted against the positive testimony of Lt. Melquiades Feliciano who led Charlie Task Force BFK (Bungi, Falcasantos and Kamlon) in apprehending him and his companions. Credence is accorded to the testimony of Lt. Melquiades that appellant was captured during a military offensive, which testimony the trial court characterized as "positive, clear and convincing." 6

    The Court however takes notice of the error in the imposition of the penalty against accused-appellant, which should be reclusion perpetua and not life imprisonment. We have repeatedly emphasized that reclusion perpetua and life imprisonment are not synonymous but distinct in nature, in duration and in accessory penalties.

    WHEREFORE, except for the penalty imposed which should be reclusion perpetua and not life imprisonment, the judgment appealed from finding accused-appellant JAILON KULAIS y MOHAMAD guilty of kidnapping for ransom is AFFIRMED. He is therefore sentenced to reclusion perpetua with all the accessory penalties provided by law, and to pay the costs.

    The appeal interposed by accused Imam Taruk Alah is DISMISSED for his failure to prosecute his appeal, pursuant to Sec. 8, Rule 124, Rules of Court. Consequently, his conviction as principal for kidnapping with ransom stands.chanrobles law library : red

    SO ORDERED.

    Padilla, Davide, Jr., Quiason and Kapunan, JJ., concur.

    Endnotes:



    1. Judge Pelagio S. Mandi, presiding.

    2. Accused-appellant’s Brief, p. 17; Rollo, p. 88.

    3. Decision of the Trial Court. p. 23; Rollo, p. 46.

    4. Ibid.

    5. People v. Rabang, G.R. No. 73403, 23 July 1990, 187 SCRA 682.

    6. See Note 3.

    G.R. No. 100911   May 16, 1995 - PEOPLE OF THE PHIL. v. MAJID SAMSON, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED