356 Phil. 647
PANGANIBAN, J.:
"That in or about the evening of March 17 and early morning of March 18, 1991 in Brgy. Maninang, Sapian, Capiz, Philippines, in the jurisdiction of this Court, the above named accused conspiring, confederating and helping one another, with intent to gain, willfully and [feloniously] [stole] and [carried] away one male carabao valued at [t]en [t]housand [p]esos (P10,000.00) belonging to and without the knowledge and consent of Rodrigo Belorio[2] to the damage and prejudice of the said owner in the amount aforementioned."[3]The petitioner, together with Waquez and Lozada, entered a plea of not guilty when arraigned[4] on August 6, 1991.[5] After trial on the merits, the trial court rendered its April 25, 1994 Decision which disposed:
"WHEREFORE, in the light of the foregoing and finding the evidence of the prosecution to have sufficiently established the guilt of the accused beyond reasonable doubt, the court hereby imposes upon the accused Joebert Santiago, Nonilon Waquez and Roger Lozada an indeterminate sentence of TEN (10) YEARS and ONE (1) DAY of prision mayor in its maximum as the minimum to FOURTEEN (14) YEARS, TEN (10) MONTHS and TWENTY-ONE (21) DAYS of reclusion temporal in its medium as the maximum, and to pay the private offended party Rodrigo Beloria the sum of P10,000.00 by way of moral damages and P5,000.00 as exemplary damages, and to pay the costs of the proceedings, with subsidiary imprisonment in case of insolvency.On appeal, Respondent Court[7] affirmed the Decision of the lower court thus:
"The case of accused John Dogohoy is hereby ordered archived and can be revived only upon proper motion."[6]
"WHEREFORE, the appealed decision of the trial court in Criminal Case No. 1862 is hereby AFFIRMED by this Court, with costs against accused-appellants."[8]In its March 11, 1997 Resolution, the appellate court denied, for lack of merit, the separate Motions for Reconsideration[9] filed by the petitioner and his co-accused.[10]
"The evidence of the prosecution has established the fact that on the evening of March 17, 1991, until the early morning of March 18, 1991, at around 2:30 in the morning, Pfc. Efren Felizardo, Pfc. McArthur dela Cruz and Patrolman Victoriano were on foot patrol inside the town proper of Sapian, Capiz, because of the rampant cattle rustling in the area when they tried to flag down a suspected passenger jeepney with Plate No. UVH-PFH-406, owned b[y] Elizane Waquez, but instead of st[o]pping, the driver stepped on the gas pedal where Pfc. McArthur dela Cruz was almost hit by the accelerating jeepney; that they radioed the Ivisan Police Station where the latter intercepted the passenger jeepney and apprehended inside the driver Roger Lozada, one of the herein accused, who, when investigated, told the police that his companions were Nonilon Waquez, John Dagohoy and Joebert Santiago; Waquez and Santiago admitted that they were with their co-accused when they were flagged down by the Sapian PNP[;] and when their jeepney was intercepted by the Ivisan PNP, they e[s]caped.
"The prosecution further solidif[ied] its position when it presented Rodrigo Veloria who reported to the Sapian Police Station in the morning of March 18, 1991, that his male carabao was stolen and [that] when they proceeded to the Ivisan Police Station, he identified his male carabao and showed his Creden[t]ial No. 836465-A, Exhibit ‘B’ signed by Sapian Mayor Rodel Obordo, Exhibit ‘B-1’."[17]
"In the early morning of March 18, 1991 at [about] 2:30 o’clock in the morning some members of the Sapian, Capiz Police Force were on foot patrol inside the poblacion of the said town because of the rampant cattle rustling in the area. While patrolling the said area the police officers composed of Pfc. Efren Felizardo, Pfc. McArthur dela Cruz and Patrolman Victoriano tried to flag down or stop a passenger jeepney, suspected of transporting stolen carabaos, with Plate No. UVH-PFH-406 owned by a certain Lizanie Waquez. But instead of stopping, the driver of the said jeepney accelerated going to the direction of Ivisan, Capiz. (pp. 4-5, 9, t.s.n., September 23, 1991).
"Thereafter, the police officers immediately informed the Ivisan Police Force thru two way radio about the incident with the request to intercept the said jeepney. At around 3:30 [a].m. of the said morning, the Ivisan Police Force radioed back the Sapian Police Force informing them that they ha[d] intercepted the subject jeepney and apprehended its driver, one of the herein accused-appellant, Roger Lozada. During that time, the jeepney was transporting one (1) male carabao which was found out later to be stolen. (p. 12, t.s.n., Ibid.).
"During that same morning of [March] 18, 1991, Pfc. Efren Felizardo of the Sapian Police Department, together with Rodrigo Veloria, the owner of the stolen carabao, proceeded to the Ivisan Police Station. Rodrigo Veloria after identifying the carabao, showed his proof of ownership of the same. Roger Lozada, the jeepney and the carabao were thereafter brought to the Sapian Police Station. Later, on the same morning, the other occupants of the jeepney, herein other co-accused, Nonilon Waquez and John Dagohoy surrendered to the Sapian Police Force. (p. 5, t.s.n., Ibid; pp. 6-7, t.s.n., September 24, 1991).
"During their investigation, accused-appellants Roger Lozada and Nonilon Waquez both claimed that on the early morning of March 18, 1991, while on board the subject jeepney going to Bilao, Sapian, Capiz, they were stopped by petitioner Joebert Santiago who together with a certain Ledonio offered P1,500.00 for them to transport a carabao to Roxas City. (pp. 3-5, t.s.n., May 20, 1991).
"Petitioner Joebert Santiago testified that at around 8:00 o’clock in the morning of March 17, 1991 while he was at Poblacion, Sapian, Capiz, Rolando Ledonio approached him and asked him, if he was going to Roxas City. After he answered in the affirmative, Ledonio requested him to tell Roger Lozada that he (Ledonio) [would] load something in the latter’s jeepney. He further testified that at about 10:00 o’clock of the same morning, he saw Roger Lozada and Nonilon Waquez in Roxas City and therefore told them of the request of Ledonio. (pp. 3-4, t.s.n., July 23, 1992). Thereafter, he and his employer went home to Sapian from Roxas City[;] after washing the car of his employer they had an accounting because he had earlier told his employer that he was going to Mindanao to work as a driver for a certain Roblito Cenica. (p. 4, t.s.n., Ibid). After their accounting at about 3:00 o’clock p.m., petitioner proceeded to his house at Barangay Dapdapan, Sapian, Capiz. From the time he arrived at this house up to 3:30 p.m. he packed his clothes and other things to be brought to Mindanao. (p. 5, t.s.n., Ibid). At about 6:30 p.m. to 10:00 p.m., he played domino in his house with Santiago Andaya, Romarico Dalmacio and Ramon Bonales. (p. 5, t.s.n., Ibid). After playing domino, petitioner went to sleep. However, the above-mentioned co-players of the petitioner continued playing domino. The wife of petitioner woke him up at about 4:00 a.m. the following morning of March 18, 1991. Thereafter, at about 4:30 p.m., petitioner and his cousin were able to ride a vehicle going to Sitio Talaba, Sapian, Capiz, and eventually were able to ride a bus from Talaba to Iloilo City. They arrived [in] Iloilo City at about 7:30 a.m. of March 18, 1991 [from where] they proceeded to Marbel, (Koronodal) South Cotabato (pp. 3-6, t.s.n., Ibid.).
"Romarico Dalmacio, a co-player of petitioner in the game of domino, attested that at about 10:00 p.m. of March 17, 1991, he saw petitioner Santiago [go] upstairs to the second floor of their house (his father-in-law’s) to sleep and did not leave the said house until 4:00 a.m. of March 18, 1991 whe[n] appellant and his cousin left the house and rode a bus to the direction of Talaba, Sapian (pp. 3-4 and 9-10, t.s.n., September 17, 1992). In fact, he further stated that before petitioner left, he served them coffee while they continued playing domino. (p. 4, t.s.n., Ibid.)."
"Accused Joebert Santiago was one of the persons inside the jeepney with the carabao and his other co-accused when the jeep they were riding [in] was flagged down by the Sapian PNP[;] they continued at high speed proceeding to the Municipality of Ivisan, Capiz, where they were intercepted by the Ivisan PNP in the early morning of March 18, 1991."[20]Further, in ruling that petitioner acted in concert with Lozada and Waquez, the RTC held:
"‘Conspiracy need not be established by direct proof as it can be inferred from the acts of the appellants. It is enough that at the time the offense was committed participants had the same purpose and were united in its execution as maybe [sic] inferred from the attendant circumstances.’ (People vs. Montealegre, G.R. 67948, 31 May 1988)"[21]In affirming the trial court, the Court of Appeals held that: first, Santiago failed to prove with convincing evidence his defense of alibi; second, he was positively identified by his cohorts; and last, he fled after the incident took place.
In his Memorandum, Santiago sets forth the following issues:Briefly stated, the issue in this case is whether there is sufficient evidence to prove the guilt of the petitioner beyond reasonable doubt.
"I. Whether or not the Honorable Court of Appeals as well as the trial court erred in declaring that Petitioner Joebert Santiago conspired with the other accused in committing the crime charged.
"II. Whether or not the Honorable Court of Appeals as well as the trial court erred in outrightly disregarding Petitioner Joebert Santiago’s defense of alibi and denial.
"III. Whether or not the Honorable Court of Appeals as well as the trial court erred in considering Petitioner Joebert Santiago’s departure [for] Mindanao an indication of petitioner’s guilt.
"IV. Whether or not the prosecution’s evidence against Petitioner Joebert Santiago failed to stand the crucible test of reasonable doubt to overthrow the constitutionally guaranteed presumption of innocence petitioner has in his favor."[22]
"Every person having in his possession, control or custody of large cattle shall, upon demand by competent authorities, exhibit the documents prescribed in the preceding sections. Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession, control and custody are the fruits of the crime of cattle rustling."Petitioner Santiago was not caught stealing the carabao. He was not seen by the Sapian PNP inside the jeep used in transporting the carabao subject of the offense. He was not even seen having possession, custody or control of the carabao. He was not in the company of Lozada when the latter was caught by the members of the Ivisan PNP. However, he was identified and indicted by virtue of the declarations of Lozada and Waquez during the investigation. On the basis of the evidence adduced, can Santiago be held guilty of cattle rustling?
He further admitted that he did not see the petitioner during the encounter, as this portion of his testimony shows:
In this connection, Pfc. Efren Felizardo testified: "Q Mr. Witness, would you please tell us where you were on March 17, 1991? Q Why were you on patrol on that evening of March 17, 1991? AWe were on preventive patrol and to monitor persons like robbers and suspected vehicle[s] wherein stolen carab[a]os were loaded because at that time cattle rustling was rampant QAnd in the early morning of March 18, 1991 where were you then? AWe were at Poblacion, Sapian, Capiz at around 2:30 in the morning, March 18, 1991 [when] we spotted [the] suspected jeep. Q And what did you do when you spotted [the] spotted suspected vehicle? A We flagged down the suspected vehicle [but] it did not stop. [T]he driver even made it r[u]n faster and Pfc. de la Cruz [was] nearly hit. COURT: Q Were you then [in] uniform when you [stopped] the jeep? A Pfc. McArthur de la Cruz and Pat. Victoriano were [i]n police uniform and I was [i]n civilian because I am the head of the Intelligence and Investigation Section. Q You said that you saw [the] suspected jeep to be used in gathering the lost carabao. Why did you suspect? A It was because we ha[d] received reports that [the] jeep was being used as a vehicle [for] transporting stolen carabao. [S]o for several months that jeep was on surveillance. Q How many reports did you receive before March 17, 1991 about carabao[s] that [were] being stolen? A In my personnel report, I ha[d] already received [reported] ten (10) lost carabaos. Q And the report include[d] the jeep which [was] being used? A It [was] included but we [did] not officially enter the jeep in the blotter book. COURT: Proceed. PROSECUTOR VARON Q What was the Plate Number of the jeep that you tried to flag in the morning of March 18, 1991? A UVH-PFH-406. COURT Q When you flagged down the jeep and [it] did not stop, did you not fire [a shot] ? A We did not do it because we were afraid that there [would] be a commotion or when somebody [would] hear [he or she] might have [a] heart attack since we were in the Poblacion and it [would] cause anxiety to the people. COURT: Proceed. PROSECUTOR VARON Q So, what did you do instead? A We ran towards the Sapian Police Station and radioed the Ivisan Police Station telling them to intercept the said vehicle. Q And what happened after that? A At around 3:30 in the morning, [the] Ivisan Police Station radioed us telling [us] that they had intercepted said vehicle carrying [a] male carabao. Q What did you do after that? A The following morning, we went to the Ivisan Police Station and we saw Roger Lozada who was the driver of the jeep and during that time Rodrigo Veloria was with us and [he reported] to us that the night before, he had lost a carabao. Q And what did you do next? A We investigated Roger Lozada and he told us that his companions [who escaped] were Nonilon Waquez, Joebert Santiago and Jhon Daguhoy and according to him, it was Joebert Santiago who rented said jeep and they were planning to bring the carabao to Roxas City but unfortunately, they were caught. COURT Q [Were] these accuseds [sic] Nonilon Waquez, Joebert Santiago and Jhon Daguhoy xxx also apprehended during that evening? A No, [we] were not able to apprehend these three (3) persons but the following morning, Nonilon Waquez and Joebert Santiago, surrendered to the Sapian Police Station and told me that it was Joebert Santiago who rented the jeep. Q Why did you not ask, why did they rent? A I have asked them that, your Honor, and [they] told me that it was not Roger Lozada who [drove] the jeep but it was Joebert Santiago. Q The Court wanted to know why they ran when they were intercepted by the Police[, w]hy Roger Lozada was caught and the other was not. ATTY. POTATO: The jeep was taken by Joebert Santiago so, only Roger Lozada was left in Ivisan. A During the time when we flagged down the jeep at Sapian, it was Jobert Santiago who was the driver and along the way these Nonilon Waquez and Jhon Daguhoy escaped. Q And when the vehicle was intercepted in Ivisan it was Roger Lozada who remained in the jeep[;] did you ask Jhon Daguhoy and Nonilon Waquez why did they leave the jeep? A During the course of my investigation with Nonilon Waquez and Jhon Daguhoy, they told me that they escaped because [of] the fact that the carabao which was loaded in the jeep was a stolen carabao. I was not able to investigate Joebert Santiago because he did not surrender in the Police Station. Q You said that you were able to meet Roger Lozada at Ivisan because he was being apprehended by the Police of Ivisan[;] if this Roger Lozada is inside the courtroom could you point to him? (Witness pointed to a person and when asked his name answered that he is Roger Lozada.) x x x x x x x x x Q When it passed by the three of you, you said that it did not stop. Did you see who was driving? A No. Q Why not[?] A Because it was running so fast. Q When you say it was running fast [do you mean] that you did not see who was driving? A Yes, Sir. I did not recognize the driver. Q It was running so fast that you did not even see the Plate No.? A The Plate No. could not be seen. Q Why not? A The Plate No. was scraped off. Q But can you recognize the jeep? A Yes. Q Because almost everyday you saw that jeep? Yes. Did you recognize the persons on board the jeep when it passed by you? A On that night, I only recognize[d] Nonilon Waquez who was hanging at the back of the jeep. Q And why only Nonilon Waquez? A Because the rest were inside. Q You also stated that when you investigated Nonilon Waquez and John Daguhoy after they surrendered, they informed you that they escaped because they did not want to be involved in the matter of [the] stolen carabao. Q They did not want to be implicated? A They did not say that, they only told me that the carabao which was inside the jeep was a stolen carabao. Q They informed you that it was Joebert Santiago who rented the jeep for the purpose of loading the carabao? A Yes. Q Did they inform you where Joebert Santiago, in what place he rented the jeep of Lizanie Waquez? A They did not say that, they only told me that Joebert Santiago rented the jeep. Q Did they tell you how much Joebert Santiago rented the jeep? A What was necessary on my part was to apprehend the robber. Q Yes, but you were conducting [an] investigation and you were ascertaining the fact[;] why did you not ask them how much did they rent the jeep? A That I did not think necessary, what [was] important was to apprehend criminals and to put them in prison. x x x x x x x x x Q Did you not call for Joebert Santiago to find out from him x x x if it [was] really true that it was he who hired the jeep? A Joebert Santiago could no longer be found, in fact, he was apprehended in Mindanao. Q So, the moment you were investigating the case, this Joebert Santiago was not given a chance to explain if it [was] true that he was the one who hired the jeep? A He was not given a chance because he could not be found anymore. Q But notwithstanding that fact that his name was only mentioned by two suspects, you filed a case including him? A Yes, Sir. Q You also stated here that during their trip from the place where they came from down to Sapian where you flagged them to stop, it was Joebert Santiago who was driving the jeep? A According to Roger Lozada it was Joebert Santiago who was driving the jeep. Q Roger Lozada is another suspect in this case am I right? A Yes, Sir. Q And you included accused, Roger Lozada (Joebert Santiago) on the basis of the declaration of his co-accused and one of the suspects in this case? A Yes. Q You don’t have personal knowledge of the fact regarding [the] accused, Joebert Santiago? A Yes, Sir. Q And when you reached there you inquired who was driving the people at that time? A Yes, Sir. Q What did they tell you? A The jeep was apprehended in Ivisan, it was Roger Lozada who was the driver of that jeep. Q As a matter of fact, Roger Lozada was alone in the jeep when he was apprehended? A Yes, Sir. Q You also stated that you have received reports of cattle rustling and that you were suspected that the rustlers are one of them, Joebert Santiago? [sic] A The reports stated that the jeep owned by Lizanie Waquez was being hired to transport stolen cattle. Q But you do not as yet received from any particular persons who was pinpointed to you as cattle rustlers, Am I correct? [sic] A In my own personal knowledge, it was Pepito Flores whom I suspected and I was even surprised why this Joebert Santiago was involved. Q You were surprised [when] this incident happened that this Joebert Santiago was not reported as involved in cattle rustling, am I right? A Yes."[29] Police Sergeant Sergio Urdelas likewise narrated in court: "Q And you said you apprehended the jeep[;] who was there in that jeep you apprehended? A I apprehended Roger Lozada who was the driver. Q And what was inside that jeep then? A There was one carabao inside the jeep. COURT Q How did you apprehend the jeep? A We [had] a checkpoint and we spotted an approaching vehicle which was about 200 meters away from us and xxx later we saw that the jeepney moved backward and we ran after [it] with our patrol car. Q When you saw that the jeep was turned about what did you do? A The jeep did not turn back but it just moved backward. Q So, what did you see when the jeep moved backward? A When the jeep made a final stop we saw that there was a carabao inside. Q You said that you were able to apprehend this Roger Lozada[;] what happened? A We introduced ourselves as policemen and asked for the person inside the jeep to come down and it was Roger Lozada who alighted. Q And who was with him at that time? A I do not know. Q But he ha[d a] companion? A According to him he had a companion. Q Did you not inquire where was his companion? A I asked him who were his companion[s] but he told us that they had already escaped. Q They have escaped right and when you apprehended the jeep? [sic] A When we apprehended the jeep they were no longer there. x x x x x x x x x Q When this Roger Lozada informed you, [what] were the names of his companions who escaped? A They only informed me, Nonilon Waquez, Godo Santiago and alias Jojo Waquez. Q Did he not inform you that Jojo Santiago was with him? A He only mentioned Godo Santiago."[30]
Clearly, the testimonies of Pfc. Felizardo and Police Sergeant Urdelas, linking Santiago to the crime, are inadmissible in evidence for being unabashedly hearsay. Neither one of them saw Santiago having possession, custody or control of the carabao. They had no personal knowledge that Santiago participated in the commission of the crime. Petitioner was implicated solely and purely on the policemen’s recollection of statements given by Lozada and Waquez while under interrogation.
"Q Did you recognize those persons who were running away? A No sir. Q You could not recognize those persons who were running away because it was dark? A Yes. Q Did you see how many persons were running? A No. Q You could not say whether there were five persons who were running because it was dark? A Yes."[31]
"x x x the facts obtaining in the case engender reasonable doubt on petitioner’s complicity which, should, therefore, tilt the scale of justice in his favor. x x x ‘where the people’s evidence fails to meet the quantum required to overcome the constitutional presumption of innocence, the accused is entitled to acquittal regardless of the weakness of his defense of denial and uncorroborated alibi.’"[47]For insufficiency of the evidence adduced by the prosecution, this Court is constrained to acquit the petitioner. It is axiomatic that the accused is entitled to acquittal, unless his guilt is proven beyond reasonable doubt.[48] The prosecution evidence must stand or fall on its own merit; it cannot draw strength from the weakness of the defense.[49]