March 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 177139 : March 16, 2011]
PEOPLE OF THE PHILIPPINES V. KAMAD UDASAN Y DIMATINGKAL, MARIO MASALON ALIAS MALTA, JUN EMBA, RASUL ENGAD ALIAS TENG 45, DARIO M. ADOY ALIAS DONG ADOY, MONDOT P. MASALON AND ALEX PANDITA
G.R. No. 177139[*] (People of the Philippines v. Kamad Udasan y Dimatingkal, Mario Masalon alias Malta, Jun Emba, Rasul Engad alias Teng 45, Dario M. Adoy alias Dong Adoy, Mondot P. Masalon and Alex Pandita).
From the essentially identical narration of the Court of Appeals (CA) and the Regional Trial Court (RTC), the prosecution established that on July 31, 1999 between 7:30 and 8:00 a.m., Dr. Vicente Cavalida, Jr., Engr. Eduardo Cavalida, Cheryl Pagales, Rosita "Rose" Suarez, and Richard Cereles, Sr. (the victims) left Digos City, Davao del Sur, on board a pick-up truck for General Santos City to inspect a mango plantation allegedly owned by their companions, accused John Doe alias Luis and Peter Doe alias Raul. Along the way, accused Tahir Alonto (Alonto) flagged them down and rode the truck upon the assurance of Luis and Raul that he was their brother. On reaching a river, they got off the truck and crossed the river on foot.[1] As they reached a nipa hut, the three accused pointed their guns at their victims, brought them into the hut, and hog-tied them.[2]
Minutes later, about 15 more armed men arrived, some of them were named as Rasul Engad (Engad), Jun Imba (Imba),[3] Alex Pandita (Pandita); Mario Masalon (Mario), Kamad Udasan (Udasan), Mutalib lsmael (Ismael), and Arnel Abdullah Blaim (Blaim). Led by accused Alonto, they relieved the victims of their personal belongings and valuables. Then, accused Engad and Udasan interrogated the victims. When night came, the abductors and their victims went up the mountain. Acting on instruction of accused Imba, the men separated Rosita Suarez (Rosita) and Richard Cereles (Richard) from the other victims. Cheryl Pagales (Cheryl) said that she heard two gunshots and never saw Rosita and Richard again. The men guarded the rest of the victims.[4]
On the next day, three armed men arrived including accused-turned-state-witness Jimmy Yat (Yat). One of these men, later identified as accused Imba, molested Cheryl.[5]
On the following day, August 2, 1999, Alonto demanded a P15 million ransom from Dr. Vicente Cavalida, Jr. (Dr. Cavalida) in exchange for their captives' freedom. After bargaining, this was reduced to P7 million. Dr. Cavalida called his friends and relatives to raise the amount.[6]
On August 4, 1999 the Deputy Commander of Task Force Tugis, Lt. Col. Juanito B. Bartolome (Lt. Col. Bartolome), heard of the kidnapping. His task force set up checkpoints and worked with a civilian informer, Elias Salnungan (Salnungan). On August 10, 1999 at about 12:45 p.m., a white L-300 van approached a checkpoint area. Despite the signal to stop, the van sped off. Lt. Col. Bartolome ordered his men at another checkpoint to block the van. Thus, they succeeded in arresting accused Alonto, Ismael, Blaim, and Engad who were in possession of a fragmentation grenade, two caliber .45 pistols, and a homemade caliber .38 pistol.[7]
Having heard of the encounter with the military, the abductors moved with their victims to different places, causing some of the abductors to desert. When the military closed in on the abductors on August 17, 1999, they abandoned their victims who were rescued by the military.[8] Later, the victims learned of the killing of Rosita and Richard.[9]
On January 6, 2000 the public prosecutors filed five separate Informations against the accused as follows:
In Criminal Case Q-01-99596, the accused Alonto, Mario, Mario Masaglang (Masaglang), Imba, Yat, Engad, Ismael, Dong Adoy (Adoy), Blaim, and several John Does were charged with kidnapping for ransom and serious illegal detention.[10]
In Criminal Case Q-01-99597, the accused Alonto and two John Does were charged with robbery with violence or intimidation against person for taking their victims' personal belongings and valuables amounting to P46,100.00.[11]
In Criminal Case Q-01-99598,[12] Q-01-99599,[13] and Q-01-99600,[14] the accused Alonto, Engad, and Ismael, respectively, were charged with illegal possession of a grenade, a Remington .45 pistol, and a Colt .45 pistol, without permit, in violation of Presidential Decree (P.D.) 1866 as amended by Republic Act (R.A.) 8294.
On February 18, 2000 the prosecutor amended the Information for kidnapping for ransom and serious illegal detention to include Dario M. Adoy alias Dong Adoy and Mondot P. Masalon (Mondot). It additionally alleged that Rosita and Richard were killed while in captivity.[15] Some of the accused were arrested while the others remained at large. But on November 8, 2000 Alonto, Ismael, Blaim, Mondot, and Engad escaped from jail with 68 other inmates aided by a large number of terrorists. As a result, the Court allowed the transfer of the trial venue from General Santos City to Quezon City.
On September 8, 2001 the military recaptured Engad in Davao City.[16] On November 19, 2001 the RTC of Quezon City admitted the second amended information to include Udasan and Pandita among the accused in the kidnapping for ransom and serious illegal detention case.[17] The accused were arraigned again on March 12, 2002, wherein all, except Mario, pleaded not guilty. On the condition that the court would sentence Alonto to death penalty, Mario pleaded guilty. Still, the Court entered a "not guilty" plea for Mario.[18]
The prosecution presented the victims Dr. Cavalida and Cheryl; while the testimony of Engr. Eduardo Cavalida (Engr. Cavalida) was dispensed with for being corroborative. The accused-turned-state-witness Yat testified in court, along with a civilian informer, Salnungan, and members of the Task Force Tugis.[19] On the other hand, accused Pandita, Udasan, Engad, Imba, Adoy, and Mario took the witness stand, and they denied the charges against them.[20]
On June 5, 2003, then Presiding Judge Jose Catral Menodza [21] rendered a Decision that:
1. Found the accused Alonto, Engad, Ismael, Blaim, Mondot, Mariom Udasan, Imba, Adoy, and Pandita guily beyond reasonable doubt of kidnapping for ransom, sentenced them to suffer the penalty of death by lethal injection, and ordered them to pay jointly and severally Dr. Cavalida, Engr. Cavalida, and Cheryl P1,000,000.00 as moral damages, and to pay the costs;
2. Found Alonto guilty beyond reasonable doubt of robbery, sentenced him to suffer the indeterminate penalty of imprisonment from six months and one day of prision correccional as minimum, to six years and one day of prision mayor as maximum, and ordered him to pay the three-named victims P46,000.00 and to pay the costs;
3. Dismissed Criminal Cases Q-01-99598 to Q-01-99600 which charged Alonto, Ismael, and Engad of illegal possession of firearms penalized under P.D. 1866 as amended by R.A. 8294; and
4. Ordered the archiving of Criminal Cases Q-01-99596 and Q-01-99597 until the apprehension of Masaglang, Luis, Raul, Ricky, Basir, Bob, Manila Boy Magtanggol, Commander Aguila, Commander Jun, and other accused.[22]
The RTC dismissed the case of illegal possession of firearms. Under P.D. 1866 as amended by R.A. 8294, one can be convicted of illegal possession of firearms provided that no other crime was committed by the person arrested. Here, accused Alonto, Ismael and Engad were caught in a van to be used to transport the victims. They were committing the crime of kidnapping for ransom and serious illegal detention when apprehended. Hence, the RTC dismissed the case.[23]
The RTC elevated the cases to this Court for automatic review. On June 6, 2006, however, it issued a resolution, transferring the appeal to the CA. On November 30, 2006 the CA affirmed the RTC Decision but modified the penalty to reclusion perpetua due to the enactment of R.A. 9346, which prohibits the imposition of death penalty.[24] The CA upheld the RTC�s findings of fact.
Given that some of the convicted accused were at large, only Mario, Imba, Engad, Adoy, Mondot, Udasan, and Pandita (accused-appellants) appealed from the CA Decision.
The only issued presented in this case is whether or not the accused-appellants, acting in conspiracy among themselves and with others, kidnapped the victims for a ransom.
To prove the crime charged, the prosecution has to show (a) that the accused were private persons; (b) that they kidnapped or detained or in any manner deprived another of his or her liberty; (c) that the kidnapping or detention was illegal; and (d) that the victim was kidnapped or detained for ransom. All these have been proved in this case.[25]
The victims and the state witness positively identified the accused-appellants and corroborated the latter�s part in the kidnapping. The victims, who were held captive for 17 days without blind-folds, had sufficient opportunity to remember the faces and features of their kidnappers. Indeed, the witnesses gave straightforward recount of their ordeal. No significant inconsistency clouds their narration. The accused-appellants claim that the witnesses were coached but the courts below found no evidence that such was the case.
The lower courts found the state witness to be credible despite his absence during the forcible taking of the victims. He testified that he later guarded the victims, identified his co-abductors, saw Imba molesting Cheryl, and heard Alonto asking for ransom money. Together with the civilian informer, and another co-accused, Imba, they put together the missing puzzle pieces forming the picture of Alonto�s group�s act of kidnapping the victims. Although not all the accused were present during the actual abduction, they joined minutes later, and stayed until the victims were rescued. In sum, the prosecution proved beyond reasonable doubt that the abductors conspired among themselves and with others to commit the kidnapping. More, their flight also evidences their guilt.
Notably, appellant Mario offered a conditional plea of guilt during arraignment, an admission that he took part in the crime along with Alonto.
The accused-appellants argued that it was unlikely for them to let their victims escape had they been truly guilty of kidnapping, knowing that the latter could identify them later. The Court thinks otherwise. The accused-appellants fled to escape detention and the long hand of justice.
The uncorroborated defenses of denial and alibi of the accused-appellants fail in the face of the positive identification of them by their victims and other witnesses.
WHEREFORE, the Court AFFIRMS the Court of Appeals' Decision dated November 30, 2006 with MODIFICATION, thus, ORDERING accused-appellants, jointly and severally, to pay the victims P200,000.00 as moral damages, P200,000.00 as nominal damages, and P100,000.00 as exemplary damages, following the ruling in People v. Pepino.[26] And, due to the heinous character of the offense, the Court further ORDERS the accused-appellants, jointly and severally, to pay their victims P75,000.00 as civil indemnity and HOLDS them ineligible for parole as enunciated in People v. Roxas.[27]
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court
Endnotes:
[*] J. Nachura, on official leave, J. Velasco, Jr., additional member, per Special Order 933 dated January 24, 2011. J. Mendoza, no part. J. Sereno, additional member, per raffle dated March 9, 2011.[1] Rollo, pp. 10-11.
[2] CA rollo, p. 45.
[3] Misspelled as Jun Emba in some parts of the record.
[4] Supra note 1.
[5] Id. at 11.
[6] Id. at 11-12.
[7] Id. at 12.
[8] Id. at 12-13.
[9] TSN, July 19, 2002, p. 53; TSN, September 6, 2002, p. 17.
[10] Records I, p. 1, Information for Criminal Case Q-01-99596, "That on July 31, 1999 at about 12:00 o'clock in the morning along Barangay Tinagacan, General Santos City, within the jurisdiction of this Honorable Court, the above-named accused, conspiring together, did then and there willfully, unlawfully and feloniously kidnap and detain for more than three days Dr. Vicente Cavalida, Engr. Edwardo Cavalida, Cheryl Pagales, Rose Suarez and Richard Cereles for the purpose of extorting ransom from them."
[11] Records II, p. 1, Information for Criminal Case Q-01-99597, "That on July 31, 1999 at about 10:00 o'clock in the morning at Upper Labay, Tinagacan, General Santos City, within the jurisdiction of this Honorable Court, the above-named accused who were armed with handguns and conspiring together with intent to gain and by means of violence and intimidation on the person, did then and there willfully, unlawfully and feloniously take from Dr. Vicente Cavalida, Engr. Edwardo Cavalida, Cheryl Pagales, Rose Suarez and Richard Cereles their personal belongings which consist of watches, jewelries, cell phones and cash in the total sum of P46,100.00."
[12] Records III, p. 1, Information for Criminal Case Q-01-99598. "That on or about 12:45 o'clock in the morning of August 10, 1999 at Apopong Bridge, Brgy. Sinawal, General Santos City within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously have in his possession one (1) fragmentation grenade without first securing the necessary permits from competent authority to carry and possess the same."
[13] Records IV, p. 1, Information for Criminal Case Q-01-99599, 'That on or about 12:45 o'clock in the morning of August 10, 1999 at Apopong Bridge, Brgy. Sinawal, General Santos City, within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously have in his possession one (1) unit Remington .45 pistol with Serial No. 2153073 with ammunitions without first securing the necessary permits from competent authority to carry and possess the same."
[14] Records V, p. 1, Information for Criminal Case Q-01-99600, 'That on or about 12:45 o'clock in the morning of August 10, 1999 at Apopong Bridge, Brgy. Sinawal, General Santos City, within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously have in his possession one (3) unit Colt .45 pistol with Serial No. 2319447 with two (2) magazines without first securing the necessary permits from competent authority to carry and possess the same."
[15] Records I, p. 69, Amended Information for Criminal Case Q-01-99596. "That on July 31, 1999 at about 10:30 o'clock in the morning along Barangay Tinagacan, General Santos City, within the jurisdiction of this Honorable Court, the above-named accused, who are all private individuals, conspiring, confederating together and mutually helping one another, did then and there willfully, unlawfully and feloniously kidnap and detain for seventeen (17) days Dr. Vicente Cavalida, Engr. Edwardo Cavalida, Cheryl Pagales, Rose Suarez and Richard Cereles for the purpose of extorting ransom from them and that Rose Suarez and Richard Cereles were killed while they were in detention."
[16] Rollo, p. 9.
[17] Id.
[18] Records I, p. 248, RTC Order dated March 12, 2002.
[19] Rollo, p. 10.
[20] Id. at 13-14.
[21] Now a member of this Court.
[22] CA rollo, pp. 58-59.
[23] Id. at 57.
[24] Rollo, p. 24.
[25] People v. Ganih, G.R. No. 185388, June 16, 2010.
[26] G.R. No. 183479, June 29, 2010.
[27] G.R. No. 172604, August 17, 2010.
