369 Phil. 311
MENDOZA, J.:
That on or about the 11th day of April, 1994 at Poblacion, municipality of Asingan, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping one another with intent to gain, did then and there wilfully and unlawfully and feloniously take, steal and carry away one (1) motorcycle (Suzuki), bearing Plate No. 2N-13220-92, Motor No. GP 100278040 and Chassis No. Spg-100 UN-110614, worth P57,000.00 belonging to Sylvia Eclera without her knowledge and consent, thereafter, said accused brought said motorcycle to Agoo, La Union and mortgaged it to Romulo de Vera in the amount of P4,000.00, to the damage and prejudice of the said owner in the aforestated amount of P57,000.00.That charging the crime of murder reads:[2]
CONTRARY to Republic Act No. 6539 in relation to Art. 19 of the Revised Penal Code.
That on or about the 11th day of April, 1994 at barangay Lomboy, municipality of San Manuel, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping one another, with intent to kill, with treachery and evident premeditation, abuse of superior strength and armed with knives and stone, did then and there willfully, unlawfully and feloniously attack, assault and stab one ANDRES ILDEFONSO, inflicting upon him fatal wounds in the different parts of his body which directly caused his instantaneous death, to the damage and prejudice of his heirs.The case for carnapping was originally tried before Branch 38 of the Regional Trial Court at Lingayen, Pangasinan. The case was later transferred to Branch 47 of the same court at Urdaneta.[3]
CONTRARY to Art. 248 of the Revised Penal Code.
1) ROCKY ECLERA, 16 years old, a resident of San Vicente West, Asingan, Pangasinan, testified that on 11 April 1994 at about 7:00 A.M., while he and the accused ALEX HORA, ALEX PANIDA and ERNESTO ECLERA were at the Poblacion of Asingan, Pangasinan, ALEX HORA invited the group to go to San Manuel, Pangasinan. They took a motorized tricycle for their ride from Asingan to San Manuel. It was driven by ANDRES ILDEFONSO.The prosecution wanted to present Rocky Eclera[6] as witness also in the murder case, but he could not be served with subpoena. Despite an order issued by the trial court for his arrest, the prosecution was not able to present him as witness.[7] For this reason, the prosecution simply adopted the testimony of Rocky Eclera in Criminal Case No. U-8202 (carnapping) as its evidence in the murder case. The defense did not object.[8] The prosecution then presented two additional witnesses, whose testimonies are set forth in the trial court's decision, thus:[9]
Somewhere in Barangay Lomboy, San Manuel, a more or less deserted place, accused ALEX HORA ordered the tricycle driver to stop the vehicle. Suddenly and unexpectedly ALEX HORA repeatedly stabbed the tricycle driver with the use of a knife. Afterwards when the driver appears to be still alive, hit the head of the driver with stone. Thereafter, Alex Hora called the witness and the others, and they boarded the same tricycle with Alex Hora as the driver.
They proceeded to the irrigation dike at Macalong, Urdaneta, Pangasinan. At such place, ALEX HORA, with the help of ALEX PANIDA and ERNESTO ECLERA detached the sidecar. After the sidecar was detached, they (all four of them) boarded the motorcycle and went to Balite, Tarlac.
They stayed at Tarlac for three days and three nights. On the third day, upon his urging, he was accompanied by accused ALEX PANIDA to Urdaneta, Pangasinan. At Urdaneta, he parted ways with Alex Panida.
Accused ALEX HORA and ERNESTO ECLERA were left behind at Tarlac.
In connection with the cases, he remembered having executed a sworn statement given at the police station at Asingan, Pangasinan. He identified a xerox copy of the same and admitted having signed the statement (EXHIBITS "D", and "D-1", the same exhibit was marked in evidence by the accused as EXHIBIT "1").
He identified pictures of a motorcycle and a sidecar. The pictures admittedly show the motorcycle stolen and the sidecar that was detached.
2) ROMULO DE VERA, 38 years old, market vendor, married and a resident of San Nicolas, Agoo, La Union, testified that on May 2, 1994, he saw accused ALEX HORA with VIOLETA BAUTISTA talking with his uncle, Alfredo Gali. The latter informed him that Alex Hora and Violeta Bautista were mortgaging to him a motorcycle, but he does not have money. So Alex Hora and Violeta Bautista pleaded that he instead take the mortgage. The two were badly in need of money. He agreed.
The motorcycle allegedly was first mortgaged to one Mariano Kuan, a resident of San Nicolas Central, Agoo, La Union for P2,000.00. So what they did was to first pay Mariano Kuan the mortgage obligation of P2,000.00. He gave ALEX HORA another P2,000.00, as he was willing to give P4,000.00 only for the mortgage.
He and ALEX HORA executed a mortgage document notarized by Arturo dela Rosa. Alex Hora signed for the registered owner Gilbert Eclera because the latter was allegedly arrested at Dagupan City, precisely it was for this predicament that they needed the money.
On May 22, 1994, police officers from Asingan, Pangasinan accompanied by a police officer from Agoo, went to his place looking for a motorcycle which was allegedly lost. He admitted that the motorcycle that they were looking for was in his possession. It was brought to the police station of Agoo. Thereat, he signed a document known as RECEIPT OF CONFISCATION.
3) ALFREDO GALI, 64 years old, married, retired government employee, and a resident of San Nicolas Norte, Agoo, La Union, testified that on 02 May 1994, ALEX HORA and Violeta Bautista went to his residence and offered to mortgage a motorcycle. Since he did not have money at that time, when he saw his nephew Romulo de Vera passed by, he called him and informed him of the purpose of Alex Hora and Violeta Bautista. He asked if Romulo had money. The latter answered in the affirmative. So they went to a notary public. At the office of the Notary Public, ALEX HORA and ROMULO DE VERA signed a mortgage document. He was there to witness the mortgage. He saw the parties signed the document. (Citations omitted)
The other witness presented by the prosecution with respect to the carnapping case was SYLVIA ECLERA, 38 years old, married and a resident of Poblacion, Asingan, Pangasinan. She testified that she is the owner of a Suzuki motorcycle with Plate No. 2N-13220-92. The vehicle was registered in the name of her husband Gilbert Eclera.Thereafter, the prosecution offered its documentary exhibits to which the defense did not interpose any objection.[10] Accordingly, all exhibits of the prosecution were admitted for the purpose for which they were offered and as part of the testimonies of the witnesses who identified them.[11] Among the documentary evidence was Exhibit D which is a sworn statement given by Rocky Eclera to the police of Asingan on May 20, 1994, in which he pointed to all of the accused-appellants as the ones who killed the tricycle driver, Andres Ildefonso, and took his vehicle.
At about 10:00 P.M., on 11 April 1994, she received a report from Investigator Sonaco of the PNP Asingan that her tricycle driver was missing. PNP Asingan was informed by PNP Urdaneta that a sidecar was located at Macalong, Urdaneta. PNP Asingan sought the help of PNP Urdaneta. With the help of the PNP Urdaneta, they were brought to Macalong, Urdaneta, where the sidecar of the tricycle was located. The motorcycle was missing.
On the following day, they located the dead body of the driver of the tricycle at Lomboy, San Manuel, Pangasinan. The cadaver of the driver was taken by Funeraria Mercado to Asingan Municipal Cemetery. The name of the driver was ANDRES ILDEFONSO.
On 18 May 1994 she was informed by PNP Asingan that her motorcycle was in Agoo, La Union. Together with some elements of PNP Asingan, they proceeded to Agoo, La Union. The motorcycle was in the possession of one Romulo de Vera. The latter claimed that the motorcycle was mortgaged to him by one Alex Hora, one of the accused in these cases. This Romulo de Vera showed her a written mortgage contract or Salda in Ilocano, which was the same as Exh. "A". For the recovery of the motorcycle, she was asked to sign a receipt by Romulo de Vera.
In connection with the funeral and church services of her deceased driver, she spent about P20,650.00. She also spent about P5,000.00 in connection with the recovery of the motorcycle. She was deprived of the use of her tricycle for more than one year. She received a daily income from the operation of the vehicles in the amount of P100.00. The motorcycle was bought for P43,000.00 and the cost of the sidecar was P14,000.00.
DR. LEONARDO GUERRERO, the Rural Health Officer of the Municipality of Asingan was presented as witness to testify on the Medico-Legal Autopsy Report relative to the autopsy he conducted on the deceased ANDRES ILDEFONSO. The defense in respect to the offer of his testimony, admitted the same. Accordingly, his testimony was dispensed with. (Citations omitted)
ROCKY ECLERA substantially testified that on 11 April 1994 while he and the accused, namely, ALEX PANIDA, ALEX HORA and ERNESTO ECLERA were at the Poblacion of Asingan to attend the town fiesta, accused ALEX HORA invited them to go to San Manuel, Pangasinan to attend the birthday of one of his friends. When he asked where in San Miguel, Alex Hora just responded, "just come with me and I'll take care of our ride."For his part, accused-appellant Hora presented SPO2 Romeo Mababa and Vice Mayor Guillermo Piso as his witnesses. He also testified in his behalf. Their testimonies are as follows:[13]
They took a tricycle at the parking area in Poblacion, Asingan for their ride to San Manuel. He, Alex Panida and Ernesto Eclera rode inside the cab, while Alex Hora sat at the rear of the tricycle driver.
On their way to San Manuel, they again asked Alex Hora where they were going, but the latter just said they will go to the house of his friend who is celebrating his birthday.
After passing the town proper of San Manuel, and when they were near the slope of the mountain, and while the tricycle was still running, Alex Hora suddenly stabbed the driver with the use of a knife. When the tricycle stopped, the witness ran away. The other accused, Alex Panida and Ernesto Eclera tried to pacify Alex Hora, but the latter faced them menacingly with his knife.
The tricycle driver uttered pleading words like no more sir ("Saanen Apo" in the Ilocano dialect). Thereafter, Alex Hora pulled the prostrate body of the driver at the slope of the mountain. Then he hit the head of the driver with a big stone. The stone was as big as a man's head.
All the time that the driver was being stabbed and then hit with a stone, the other accused, Alex Panida and Ernesto Eclera were inside the tricycle. They did not inflict any blow to the driver. On the other hand, the witness ran to the mountain and hid himself.
After the killing of the driver, Alex Hora called his companions to board the tricycle as they will proceed to his best friend in Tarlac. Witness did not know the place.
They went to the irrigation dike site at Urdaneta, where Alex Hora detached the side car of the tricycle. Alex Hora alone detached the side car as nobody helped him. Thereafter, all four of them proceeded to Tarlac at the residence of Alex Hora's friend.
They stayed there for three days. Then he asked Alex Panida to accompany him home, Alex Panida accompanied him up to Urdaneta. They took a mini bus as ride to Urdaneta. At Urdaneta, he proceeded home to Asingan, while Alex Panida told him that he will watch a movie in Urdaneta. Alex Hora and Ernesto Eclera were left at Tarlac.
He was subsequently arrested at Sison, Pangasinan by police officers of Asingan Police Department, he was investigated. His statement was taken, which he signed. His statement was written in English, which he did not understand. The contents of his statement were not translated in Ilocano dialect by the police investigator. He was never informed of his constitutional rights. His parents or relatives were not informed when he was investigated and when his statement was taken. The statement was marked as EXHIBIT "1".
He was confined for about eight (8) weeks at the municipal jail of Asingan.
He admitted having testified before the Court in Lingayen, Pangasinan in connection with the carnapping case.
Accused ERNESTO ECLERA, 21 years old, single, student and resident of San Vicente West, Asingan, Pangasinan testified that on 11 April 1994, he, Rocky Eclera and his co-accused Alex Hora and Alex Panida were at the Poblacion of Asingan. They were there to attend the town fiesta. While there, Alex Hora invited the group to proceed to San Manuel to attend a drinking spree at his friend's place. While they were in San Manuel, they asked Alex Hora where they were going and he just said: "Just keep quiet and I will tell you later."
They were not able to reach the place of Alex Hora's friend because Alex Hora stabbed the tricycle driver. They got off the tricycle to pacify Alex Hora but he faced them menacingly. They tried to grab his hand, but Alex Hora shouted don't intervene if you don't want to be involved like this man I am killing. They even told Alex Hora: "Don't stab him," "Have mercy on him," but Alex Hora told them not to interfere.
Alex Hora used a FAN KNIFE, or a knife locally known as balisong, and one ice-pick in stabbing the driver many times.
After the killing of the driver, they were invited by Alex Hora to go to Urdaneta. They rode on the same tricycle. They reached Consolacion, Urdaneta, where Alex Hora detached the side car of the tricycle. After detaching the side car, again Alex Hora told them to board the motorcycle and they proceeded to Tarlac. The four of them went to Tarlac on board the detached motorcycle with Alex Hora as the driver.
They stayed with an uncle of Alex Hora in San Miguel, Tarlac. They stayed there for three days and three nights. On the third day, Rocky Eclera and Alex Panida returned to Urdaneta. While he proceeded to Manila. Alex Hora was left at San Miguel, Tarlac with the motorcycle. Before parting for Manila, he was warned by Alex Hora not to divulge that he killed the tricycle driver.
Accused ALEX PANIDA, 23 years old, single, farmer and resident of San Vicente West, Asingan, Pangasinan testified that on 11 April 1994 at about 7:00 A.M., he was with Rocky Eclera and his co-accused Alex Hora and Ernesto Eclera at the town proper of Asingan to attend the town fiesta. While they were there, accused Alex Hora invited them to go to San Manuel at the place of his friend. They took a tricycle and proceeded to San Manuel. He, Ernesto Eclera and Rocky Eclera were seated inside the cab, while Alex Hora rode at the rear of the tricycle driver. They were not able to reach the place of Alex Hora's friend in San Manuel because Alex Hora stabbed the tricycle driver many times with the use of a knife about seven inches in length. While Alex Hora was stabbing the driver, witness asked Alex Hora why was he stabbing the driver, but Hora told him to leave him alone. Ernesto Eclera also told Alex Hora: "Don't do that to him." Rocky Eclera on the other hand ran near the slope of the mountain. When Alex Hora repeatedly stabbed the driver, the tricycle was still running.
After the stabbing incident, Alex Hora ordered them to ride on the tricycle and they proceeded to the irrigation dike at Urdaneta. At that place, Alex Hora detached the side car of the tricycle. He alone did the detaching. After the side car was detached, they proceeded to sitio Balite at Tarlac, Tarlac. They rode on the motorcycle that was detached. Alex Hora was the driver. They stayed there for three days and three nights.
On the third day, he asked permission from Alex Hora that Rocky Eclera already wanted to go home. Alex Hora warned them not to squeal on what happened, otherwise, he will kill them all. He accompanied Rocky Eclera back to Urdaneta, where he parted ways with Rocky Eclera. He proceeded to a friend's house to borrow some money as fare in going to Baguio. Alex Hora and Ernesto Eclera were left at Tarlac. He did not return anymore to Tarlac. He eventually saw them at the Provincial Jail in Lingayen, Pangasinan. (Citations omitted)
Accused ALEX HORA, 26 years old, construction worker, married and resident of San Vicente West, Asingan, Pangasinan testifying for his defense stated that in the evening of 10 April 1994, he, together with Alex Panida, Ernesto Eclera and Rocky Eclera were at the town proper of Asingan strolling. They stayed there the whole night.After the defense finished presenting its evidence, the prosecution presented Dr. Leonardo Guerrero, the rural health officer of Asingan, as rebuttal witness. He testified that[14]-
On the following day, 11 April 1994 at about 7:00 A.M., Alex Panida invited him to go with them, referring to the other companions of Alex Panida, to Lomboy, San Manuel. They will go to Alex Panida's aunt thereat. Alex Panida will hire the tricycle of his aunt, Sylvia Eclera. Alex Panida was able to hire the tricycle of her aunt Sylvia Eclera which they used for ride in going to Lomboy, San Manuel. They reached the residence of his auntie at Lomboy, San Manuel. Alex Panida and Ernesto Eclera alighted and went to the house of Alex Panida's aunt. When Alex Panida returned, he approached the tricycle driver and poked a knife against the latter. Suddenly he stabbed the driver.
After Alex Panida stabbed the driver, witness and the other two companions, Rocky Eclera and Ernesto Eclera ran towards the slope of the mountain. Alex Panida yelled and shouted at them to help him. He threatened them to help him. If they will not help him (PANIDA), he will kill them. When they returned to the tricycle, they saw the driver face down and already dead.
When he saw that the driver was already dead, he was shocked and cannot move. He fainted and lost consciousness. His companions boarded him on the tricycle. He was awakened by Alex Panida when they reached the town proper of Binalonan, Pangasinan.
They proceeded to the irrigation dike at Urdaneta where they detached the side car of the tricycle. It was Alex Panida who detached the side car. He and the others only helped the former. After the side car was detached, they rode on the motorcycle and they proceeded to Balite, Tarlac at the residence of Alex Panida's uncle. Alex Panida drove the motorcycle.
They stayed there for three days and three nights. While they were sleeping, Alex Panida told his uncle that he and Rocky Eclera will just go out. When he inquired from Panida's uncle the latter told them that Panida used the motorcycle in going back to PMA-Baguio.
Afterwards, he and Ernesto Eclera also parted ways. He returned home to Asingan, while Ernesto Eclera went to Magalang, Pampanga to borrow money from his uncle there for his fare to Manila.
Four days after he returned from Tarlac, Alex Panida dropped by his residence and invited him to go to Agoo, La Union so that they will mortgage the motorcycle as Alex Panida was badly in need of money.
He was able to mortgage the motorcycle with one Romulo de Vera for P4,000.00. However, the P2,000.00 was first given to Mariano Huan who was the first mortgagee of the motorcycle and the balance of P2,000.00 was given to him.
. . . .
SPO2 ROMEO MABABA, a member of the Philippine National Police of Asingan, Pangasinan testified that he was the same SPO2 Romeo Mababa who took the statement of ROCKY ECLERA on May 20, 1994. When he took the statement of Rocky Eclera he informed him of his constitutional rights and explained to him his rights. When his statement was taken his father and the vice mayor of the municipality of Asingan were present.
After he took the statement of Rocky Eclera, he translated same in the Ilocano dialect which he fully understood. Thereafter, he signed his statement. Then he brought him to Judge Suller of the Municipal Circuit Court of Asingan, before whom Eclera took his oath in respect to his statement.
GUILLERMO PISO, the vice-mayor of the municipality of Asingan, testified that together with police elements of the municipality of Asingan, they arrested ROCKY ECLERA and ALEX PANIDA somewhere in La Union in connection with the death of Andres Ildefonso, a relative.
After their arrest, they were brought to Asingan. At the Asingan Police Department, Rocky Eclera was investigated and he voluntarily gave a sworn statement. During the taking of Rocky Eclera's sworn statement, he was present. So also was Rocky Eclera's father. When he was informed of his constitutional rights, Eclera said that he was not interested. He merely asked that his father be present. So his father was fetched. His father advised him to tell the truth.
The police investigator translated his statement written in English to Ilocano. After his statement was translated, he signed the same.
It was the parents of Alex Panida who informed the Asingan PNP of the whereabouts of ALEX PANIDA and ROCKY ECLERA. (Citations omitted)
he was the one who conducted autopsy on the deceased ANDRES ILDEFONSO. He committed an honest mistake in his Medico-Legal Autopsy Report. The lacerated wounds should be incised wounds.On August 23, 1996, the trial court rendered its decision[16] finding all accused-appellants guilty beyond reasonable doubt of carnapping and murder. The dispositive portion of its decisions reads:[17]
There were about 44[15] stab wounds and several incised wounds inflicted on the deceased. These could have been caused possibly by several persons, with the use of different weapons. (Citations omitted)
WHEREFORE, premises considered, judgment is hereby rendered as follows:Hence, this appeal.IN CRIMINAL CASE NO. U-8202
a) Finding the accused ALEX PANIDA, ERNESTO ECLERA and ALEX HORA GUILTY beyond reasonable doubt of the crime of CARNAPPING under R.A. 6539, the Court sentences them to suffer imprisonment of SEVENTEEN (17) YEARS;
b) Ordering the accused to pay jointly and severally spouses GILBERT and SYLVIA ECLERA the sum of P20,650.00 representing burial and funeral expenses incurred by them in connection with the death of their driver of the motorized tricycle; the sum of P5,000.00 representing expenses incurred in the recovery of the motorcycle and side car; and to pay the costs.IN CRIMINAL CASE NO. U-8203
a) Finding the accused ALEX PANIDA, ERNESTO ECLERA and ALEX HORA GUILTY beyond reasonable doubt of the crime of MURDER with the generic aggravating circumstance of cruelty, the Court sentences them to suffer the penalty of DEATH;
b) Ordering the accused to pay jointly and severally the heirs of ANDRES ILDEFONSO P50,000.00 as indemnity and the additional sum of P50,000.00 as moral damages and to pay the costs.
SO ORDERED.
Accused-appellant Hora, on the other hand, contends:[19]
- THE TRIAL COURT ERRED IN CONVICTING ALEX PANIDA AND ERNESTO ECLERA, INSTEAD OF ACQUITTING THEM IN BOTH CRIMES OF MURDER AND CARNAPPING, FOR NON-COMPLICITY.
- AT BEST, THE PROSECUTION EVIDENCE IS SHORT OF THE QUANTUM OF PROOF BEYOND REASONABLE DOUBT.
- ASSUMING GUILT ARGUENDO, APPELLANTS PANIDA AND ECLERA ARE LIABLE ONLY AS ACCESSORIES FOR CARNAPPING AND HOMICIDE, NOT MURDER.
Participation of Accused-Appellants
- THE TRIAL COURT ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE INCONSISTENT AND CONFLICTING TESTIMONIES OF ROCKY ECLERA IN HIS SWORN STATEMENT AND THOSE TESTIFIED TO BY HIM DURING THE TRIAL.
- THE TRIAL COURT ERRED IN FINDING ACCUSED-APPELLANT ALEX HORA GUILTY BEYOND REASONABLE DOUBT OF THE CRIMES OF CARNAPPING AND MURDER BASED SOLELY ON THE CONFLICTING TESTIMONIES OF ROCKY ECLERA.
(1) Rocky Eclera testified in his testimony in the carnapping case that Alex Hora asked the driver to stop the tricycle, then he repeatedly stabbed the driver. (TSN, Nov. 15, 1994, pp. 4, 10). While in his testimony for the defense of accused Alex Panida and Ernesto Eclera, accused Alex Hora repeatedly stabbed the driver while the tricycle was still running. (TSN, February 12, 1996, p. 13).Moreover, he claims that his account of what happened on April 11, 1994 is more credible than that of accused-appellants Panida and Ernesto Eclera and witness Rocky Eclera.[24]
(2) In the carnapping case, accused-appellant Alex, with the help of Panida and Ernesto Eclera, detached the side car of the motorcycle (TSN, Nov. 15, 1994, p. 5) while in his testimony for the defense, it was only Alex Hora who detached the side car (TSN, Feb. 12, 1996, p. 23).
(3) In his testimony during the stabbing of the driver by Alex Hora, the other co-accused alighted from the tricycle and tried to pacify Alex Hora (TSN, Nov. 15, 1994, p. 10) while in his testimony for the defense, at the time that Alex Hora was stabbing the driver, the two co-accused were inside the tricycle (TSN, 12 February 1994, pp. 17-19).
(4) In his testimony for the defense of accused Panida and Eclera, Rocky Eclera recanted his implication of the said two co-accused in the killing of the tricycle driver in his sworn statement given to the Asingan PNP and pointed to accused-appellant Alex Hora as the only solely responsible for the crimes committed.
When he testified in court, first as witness for the prosecution and later as witness for accused-appellants Alex Panida and Ernesto Eclera, Rocky Eclera reiterated all the relevant points in this sworn statement, to wit:
PRELIMINARY : Mr. Rocky Eclera, I would like to inform you that you were being investigated for your involvement in a commission of a crime. I would like also to inform you that under the New Constitution, you have the right to remain silent, the right of the assistance of a counsel of your own choice and that all statement you give in this investigation will be used in your favor and for against you in any Court of justice in the Philippines. Is this clearly understood by you?ANSWER : Yes, sir. QUESTION : Mr. Rocky Eclera, after having been informed of your rights under the New Constitution, do you still wish to be investigated? ANSWER : Yes, sir. QUESTION : Do you still need the assistance of a counsel of your own choice? ANSWER : No more, sir. QUESTION : Mr. Rocky Eclera, if you can not afford to have a counsel the government will provide you a counsel? ANSWER : No more, sir. QUESTION : Do you likewise need the presence of your relatives, your father, mother, brother or any trusted relatives of yours to be present in this investigation? ANSWER : Yes, sir, I want my father. QUESTION : Now that your father was here, are you now ready to give your statement voluntarily in this investigation? ANSWER : Yes, sir. 01. Q - If so, please state your name, age and other personal circumstances? A - I am Rocky Eclera y Layos, 16 years old, single, jobless and a resident of Brgy San Vicente, Asingan, Pangasinan, sir. 02. Q - Do you know why are you being investigated in this Investigation Office of the Asingan Police Station, Asingan, Pangasinan this 20th day of May, 1994?
A - Yes, sir.
03. Q - What is the reason why you are being investigated by this office? A - For being one of the four suspects in the carnapping of a motorized tricycle and the death of the driver, sir. 04. Q - You have stated above that you are one of the four suspects of the incident, can you state the names of the three? A - Yes, sir. 05. Q - Who are they? A - They are, Alex Panida, Alex Hora and Ernesto Eclera, sir. 06. Q - When and where did you carnapped the motorized tricycle killed the driver? A - On April 11, 1994 at about 7:00 o'clock in the morning at Poblacion West, Asingan, Pangasinan and the driver was being brought to a certain barangay in San Manuel, Pangasinan where he was being killed.07. Q - You have stated a while ago that the incident was happened on 11 of April 1994, can [you] state briefly how it happened? A - Yes, sir. This is the way. On April 11, 1994 at about 7:00 o'clock in the morning, Alex Panida, Alex Hora, Ernesto Eclera and I were at Poblacion West, Asingan, Pangasinan near the Police Outpost waiting for a ride going home. A few minutes later a Suzuki motorized tricycle arrived and we hired it and we proceeded at a certain barangay of San Manuel, Pangasinan which I do not know. When we arrived at the place, Ernesto Eclera pointed out his knife against the driver and stabbed the driver many times. Then Alex Panida and Alex Hora alighted from the tricycle also both armed with a knife and the two stabbed the driver for many times also until the driver fell on the ground and when they noticed that the driver was still alive, Alex Hora took a big piece of stone and hit the head of the driver then Alex Panida and Alex Hora [p]ulled the body of the driver and put it on the slope of the mountain.08. Q - Do you know the driver of the motorized tricycle? A - Yes, sir it was Andres Ildefonso. 09. Q - Do you also know the owner of the motorized tricycle? A - Yes, sir it was Mrs. Sylvia Eclera. 10. Q - After knowing that the driver was already lifeless and was put on the slope of the mountain, what did you do next? A - We boarded on the tricycle and proceeded to Urdaneta at Brgy. Macalong wherein Alex Panida, Alex Hora and Ernesto Eclera detached the sidecar and abandoned it near the irrigation dike.11. Q - Then where did you go? A - We proceeded to Tarlac with the motorcycle, sir. 12. Q - When you were in Tarlac, what happen[ed] next if any?
A - Alex Panida drove the motorcycle and returned me at Brgy. San Vicente West, Asingan, Pangasinan, sir. 13. Q - So, Ernesto Eclera and Alex Hora left behind in Tarlac? A - Yes, sir. 14. Q - Now, do you know if Alex Panida return in Tarlac?
A - Yes, sir. 15. Q - Do you also know where Alex Panida, Alex Hora and Ernesto Eclera brought the motorcycle? A - I do not know anymore, sir. 16. Q - I have no more questions to ask, can you say more? A - No more for the present time, sir. 7. Q - 1 Are you willing to sign your statement and also willing to testify in Court? A - Yes, sir.[37]
The only part of the statement which Rocky Eclera retracted was that naming all accused-appellants as the perpetrators of the crimes. In his testimony in court, he pointed to accused-appellant Hora alone as the one who committed the two crimes. However, there are reasons for giving his sworn statement weight and believing that what he said in his sworn statement was the truth ¾ not what he stated in court ¾ as to who were guilty of the crimes. The reasons are:
- that all three accused-appellants and himself were together prior to the commission of the crime[38]
- that they were all present when the victim was stabbed and no one else was there[39]
- that they all rode the tricycle again after the stabbing[40]
- that all three accused-appellants took part in detaching the sidecar[41]
- that they stayed together for three days after the crimes were committed going from place to place.[42]
The Court observes that when presented as witness for the accused ALEX PANIDA and ERNESTO ECLERA, Rocky Eclera evinced hesitancy in his answers. He generalized his denials as to inculpatory matters respecting accused ALEX PANIDA and ERNESTO ECLERA as due to his being confused and frightened.Fourth. A witness' prior inconsistent statement can be used to impeach his credibility, but the converse does not necessarily follow. Retractions are disfavored in law. As this Court held in People v. Ubiña:[54]
This witness comparatively, was the youngest of the group. He was only 16 years old when he testified in Lingayen, Pangasinan before Branch 38. After more than one year, he was presented anew not as witness for the prosecution, but as witness for the defense.
His recantation was not unexpected, considering his reticence and recalcitrance to testify for the State. In fact, during the time that he testified recanting his testimony in Court as well as his damaging and inculpatory declarations in his sworn statement against the other accused Alex Panida and Ernesto Eclera, he oftenly stammered, pondering with difficulty his recantation.
In recanting having stated that accused Alex Panida and Ernesto Eclera helped detached the side car of the motorcycle as declared in Court, he wants to ascribe falsification in court proceedings. He claims that the testimony was never made.
The ease with which he ascribes falsification in so far as his cousins are concerned, but with steadfastness in so far as accused ALEX HORA is concerned, reveals he is being manipulated to pollute the truth inceptually disclosed by him in his Sworn Statement.
The theory of the defense that Francisco's previous testimony is false, as he subsequently declared it to be so, is as illogical as it is dangerous. Merely because a witness says that what he had declared is false and that what he now says is true, is not sufficient ground for concluding that the previous testimony is false. No such reasoning has ever crystallized into a rule of credibility. The rule is that a witness may be impeached by a previous contradictory statement; not that a previous statement is presumed to be false merely because the witness now says that the same is not true. The jurisprudence of this Court has always been otherwise, i.e. that contradictory testimony given subsequently does not necessarily discredit the previous testimony if the contradictions are satisfactorily explained. We have also held that if a previous confession of an accused were to be rejected simply because the latter subsequently makes another confession, all that an accused would do to acquit himself would be to make another confession out of harmony with the previous one. Similarly, it would be a dangerous rule for courts to reject testimonies solemnly taken before courts of justice simply because the witnesses who had given them later on change their mind for one reason or another, for such rule would make solemn trials a mockery and place the investigation of truth at the mercy of unscrupulous witnesses. If Francisco says that when he testified for the prosecution he was paid P700, what can prevent the court from presuming that subsequently he testified for the defense because the defendants also paid him to testify for them? The rule should be that a testimony solely given in court should not be lightly set aside and that before this can be done, both the previous testimony and the subsequent one be carefully compared, the circumstances under which each given carefully scrutinized, the reasons or motives for the change carefully scrutinized - in other words, all the expedients devised by man to determine the credibility of witnesses should be utilized to determine which of the contradictory testimonies represents the truth. (Citations omitted)Fifth. Rocky Eclera's testimony is basically the same as his sworn statement. His testimony that only accused-appellant Hora is guilty can be disregarded and his statement that actually all three accused-appellants committed the crimes believed. For courts may believe one part of the testimony of a witness and disbelieve another part because courts are not required to accept or reject the whole testimony of a particular witness.[55]
Any person who, not falling within the provisions of Art. 246 [parricide], shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances:The trial court found all of accused-appellants guilty of murder. Indeed, there is no doubt that the unlawful killing of the victim in the present case has been proven. The autopsy report shows that the victim suffered 43 stab wounds and that as a result he died. Accused-appellants themselves and witness Rocky Eclera admitted that the victim was stabbed several times and hit on the head with a big stone to finish him off. They all admit that the body was pulled towards the mountain immediately thereafter. They likewise admit that the victim was merely bringing them to their destination and was caught by surprise when stabbed. There was no claim of self-defense or accident. Thus, the only question to be determined is whether such killing can be considered murder. Accused-appellants Panida and Ernesto Eclera contend that it is homicide, though without specifying the reason why, while the trial court maintains it is murder in view of the qualifying circumstance of treachery.
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
. . .
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
The Appropriate Penalties
net gross living expenses earning (x) = life expectancy x annual less (50% of gross capacity income annual income) x = 2(80-43) x [36,000-18,000] 3 = 24.67 x 18,000 = P444,060.00
SO ORDERED.
- In Criminal Case No. U-8202, accused-appellants are sentenced to suffer an indeterminate sentence of 14 years and 8 months, as minimum, to 17 years and 4 months, as maximum.
- In Criminal Case No. U-8203, accused-appellants' sentence is reduced to reclusion perpetua.
- In Criminal Case No. U-8203, accused-appellants are ordered to pay the heirs of the victim the amount of P444,060.00 as unearned income.
(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.[47] TSN, pp. 1-14, Nov. 15, 1994; TSN, pp. 1-42, Feb. 12, 1996; TSN, pp. 1-26, Feb. 21, 1996; TSN, pp. 1-19, March 6, 1996.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. (Emphasis added)