667 Phil. 765
PERALTA, J.:
Accused-appellants interpose the present appeal to the Decision of branch 2 of the Regional Trial Court of Isabela City, Basilan, convicting them for the crime of Kidnapping and Serious Illegal Detention with Ransom, as defined and penalized under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659. After arraignment and due trial, accused-appellants were found guilty and, accordingly, sentenced in Criminal Case No. 3537-1129 to Reclusion Perpetua, and in Criminal Case Nos. 3608-1164, 3611-1165, and 3674-1187 to the Death Penalty.
The Decision in Criminal Case No. 3537-1129 decreed as follows:WHEREFORE, in Criminal Case No. 3537-1129, for the kidnapping of Joe Guillo, the Court finds the following accused guilty beyond reasonable doubt as principals:On the other hand, the court a quo in Criminal Case No. 3608-1164 decreed as follows:
- Urban Salcedo, a.k.a. "Wahid Guillermo Salcedo"/"Abu Urban"
- Abdurahman Ismael Diolagla, a.k.a. "Abu Sahrin"
- Abdulajid Ngaya, a.k.a. "Abu Ajid"
- Haber Asari, a.k.a. "Abu Habs"
- Absmar Aluk, a.k.a. "Abu Adzmar/Abu Aluk"
- Bashier Abdul, a.k.a. "Abu Jar"
- Toting Hano, Jr., a.k.a. "Abu Jakaria" (in abstentia)
- Jaid Awalal, a.k.a. "Abu Jaid" (in abstencia)
- Mubin Ibbah, a.ka. "Abu Black" (in abstentia)
- Annik/Rene Abbas, a.k.a. "Abu Annik" (in abstentia)
- Margani Hapilon Iblong, a.k.a. "Abu Nadim"
- Lidjalong Sakandal/Sabandal
- Imran Hakimin y Sulaiman, a.k.a. "Abu Nadim"
- Nadzmer Isnani Mangangan, a.k.a. "Abu Harun"
- Kamar Jaagar, a.k.a. "Abu Jude"
- Sonny Asali, a.k.a. "Abu Teng"/"Abu Umbra," and
- Bashier Ordonez, a.k.a. "Abu Bashier"
as defined and penalized under Section 8 of Republic Act No. 7659, amending Article 267 of the Revised Penal Code, and applying Art. 63 of the Code, the lesser penalty of RECLUSION PERPETUA is hereby imposed on them.
The aforementioned accused shall jointly and severally pay Joel Guillo by way of moral damages the sum of P200,000.00, pursuant to paragraph 5, Article 2217 of the Civil Code, with proportionate costs against them.In Criminal Case No. 3608-1164, for the kidnapping of Reina Malonzo, the court finds the following accused guilty beyond reasonable doubt as principals:The aforementioned accused shall jointly and severally pay Reina Malonzo by way of moral damages the sum of P200,000.00, pursuant to paragraph 5, Article 2217 of the Civil Code, with proportionate costs against them.as defined and penalized under Section 8 of Republic Act No. 7659, amending Article 267 of the Revised Penal Code, and applying Art. 63 of the Code, are hereby sentenced to the extreme penalty of DEATH.
- Urban Salcedo, a.k.a. "Wahid Guillermo Salcedo"/"Abu Urban"
- Abdurahman Ismael Diolagla, a.k.a "Abu Sahrin"
- Abdulajid Ngaya, a.k.a. "Abu Ajid"
- Haber Asari, a.k.a. "Abu Habs"
- Absmar Aluk, a.k.a. "Abu Adzmar/Abu Aluk"
- Bashier Abdul, a.k.a. "Abu Jar"
- Toting Hano, Jr., a.k.a. "Abu Jakaria" (in abstentia)
- Jaid Awalal, a.k.a. "Abu Jaid" (in abstentia)
- Mubin Ibbah, a.k.a. "Abu Black" (in abstentia)
- Annik/Rene Abbas, a.k.a. "Abu Annik" (in abstentia)
- Margani Hapilon Iblong, a.k.a. "Abu Nadim"
- Lidjalong Sakandal/Sabandal
- Imran Hakimin y Sulaiman, a.k.a. "Abu Nadim"
- Nadzmer Isnani Mangangan, a.k.a. "Abu Harun"
- Kamar Jaagar, a.k.a. "Abu" Jude"
- Sonny Asali, a.k.a. "Abu Teng"/"Abu Umbra," and
- Bashier Ordonez, a.k.a. "Abu Bashier"
Likewise, the lower court, in Criminal Case No. 3611-1165 decreed as follows:In Criminal Case No. 3611-1165, for the kidnapping of Shiela Tabuñag, the (court) finds the following accused guilty beyond reasonable doubt as principals:And in Criminal Case No. 3674-1187, it entered its judgment against the accused-appellants as follows:as defined and penalized under Section 8 of Republic Act No. 7659, amending Article 267 of the Revised Penal Code, and applying Art. 63 of the Code, are hereby sentenced to the extreme penalty of DEATH.
- Urban Salcedo, a.k.a. "Wahid Guillermo Salcedo"/"Abu Urban"
- Abdurahman Ismael Diolagla, a.k.a. "Abu Sahrin"
- Abdulajid Ngaya, a.k.a. "Abu Ajid"
- Haber Asari, a.k.a. "Abu Habs"
- Absmar Aluk, a.k.a. "Abu Adzmar/Abu Aluk"
- Bashier Abdul, a.k.a. "Abu Jar"
- Toting Hano, Jr., a.k.a. "Abu Jakaria" (in abstentia)
- Jaid Awalal, a.k.a. "Abu Jaid" (in abstentia)
- Mubin Ibbah, a.k.a. "Abu Black" (in abstentia)
- Annik/Rene Abbas, a.k.a. "Abu Annik" (in abstentia)
- Margani Hapilon Iblong, a.k.a. "Abu Nadim"
- Lidjalong Sakandal/Sabandal
- Imran Hakimin y Sulaiman, a.k.a. "Abu Nadim"
- Nadzmer Isnani Mangangan, a.k.a. "Abu Harun"
- Kamar Jaagar, a.k.a. "Abu" Jude"
- Sonny Asali, a.k.a. "Abu Teng"/"Abu Umbra," and
- Bashier Ordonez, a.k.a. "Abu Bashier"
The aforementioned accused shall jointly and severally pay Shiela Tabuñag by way of moral damages the sum of P200,000.00, pursuant to paragraph 5, Article 2217 of the Civil Code, with proportionate costs against them.In Criminal Case No. 3674-1187, for the kidnapping of Ediborah Yap, the court finds the following accused guilty beyond reasonable doubt as principals:
Urban Salcedo, a.k.a. "Wahid Guillermo Salcedo"/"Abu Urban"
Abdurahman Ismael Diolagla, a.k.a "Abu Sahrin"
Abdulajid Ngaya, a.k.a. "Abu Ajid"
Haber Asari, a.k.a. "Abu Habs"
Absmar Aluk, a.k.a. "Abu Adzmar/Abu Aluk"
Bashier Abdul, a.k.a. "Abu Jar"
Toting Hano, Jr., a.k.a. "Abu Jakaria" (in abstentia)
Jaid Awalal, a.k.a. "Abu Jaid" (in abstentia)
Mubin Ibbah, a.k.a. "Abu Black" (in abstentia)
Annik/Rene Abbas, a.k.a. "Abu Annik" (in abstentia)
Margani Hapilon Iblong, a.k.a. "Abu Nadim"
Lidjalong Sakandal/Sabandal
Imran Hakimin y Sulaiman, a.k.a. "Abu Nadim"
Nadzmer Isnani Mangangan, a.k.a. "Abu Harun"
Kamar Jaagar, a.k.a. "Abu" Jude"
Sonny Asali, a.k.a. "Abu Teng"/"Abu Umbra," and
Bashier Ordonez, a.k.a. "Abu Bashier"
as defined and penalized under Section 8 of Republic Act No. 7659, amending Article 267 of the Revised Penal Code, and applying Art. 63 of the Code, are hereby sentenced to the extreme penalty of DEATH.
The aforementioned accused shall jointly and severally pay to the heirs of Ediborah Yap by way of civil indemnity the sum of P50,000.00, moral damages in the sum of P200,000.00 and, considering the attendant aggravating circumstances, the sum of P100,000.00 by way of exemplary damages.
SO ORDERED.
The salient facts in this case are the following:
On June 1, 2001, Shiela Tabuñag, Reina Malonzo, and Ediborah Yap, were serving their duty shift as nurses at Jose Maria Torres Memorial Hospital in Lamitan, Basilan. Joel Guillo, the hospital accountant, on the other hand, had just finished his duty and decided to rest in the doctors' quarter.
At around 12:30 past midnight of June 2, 2001, the Abu Sayaff Group (ASG for brevity) led by Khadaffy Janjalani and Abu Sabaya, with 30 armed followers entered and took control over said hospital. Previously, however, another group of ASG with 60 followers led by Abu Umran hiked towards Lamitan for the sole purpose of reinforcing the group of Khadaffy Janjalani and Abu Sabaya. However, upon reaching the vicinity of the hospital, a firefight had already ensued between the military forces and the group of Janjalani and Sabaya. Simultaneously, the band also became entangled in a firefight with a civilian group led by one retired Col. Baet, who was killed during the encounter. Moments later, the band fled to different directions, with its members losing track of one another.
Pandemonium ensued in the hospital on that early morning, as the people were thrown into a frenzy by the shouting, window glass breaking, and herding of hostages from one room to another by the ASG. The group was also looking for medicine and syringes for their wounded comrades as well as food and clothing. The firefight lasted until the afternoon of June 2, 2001. Finally, at around 6:00 in the evening, the ASG and the hostages, including those from the Dos Palmas Resort, were able to slip out of the hospital through the backdoor, despite the intense gunfire that was ongoing. Hence, the long and arduous hiking towards the mountains began.
On June 3, 2001, at about noontime, the group of Janjalani and Sabaya met with the group of Abu Ben in Sinagkapan, Tuburan. The next day, Himsiraji Sali with approximately 60 followers also joined the group. It was only on the third week on July that year that the whole group of Abu Sayaff was completed, when it was joined by the group of Sattar Yacup, a.k.a. "Abu Umran."
Subsequently, new hostages from the Golden Harvest plantation in Tairan, Lantawan were abducted by the Hamsiraji Sali and Isnilun Hapilon.
On June 12, 2001, Abu Sabaya informed the hostages that Sobero had been beheaded and was warned of the consequences should said hostages fail to cooperate with the ASG. Hence, the ASG formed a "striking force" that then proceeded to behead 10 innocent civilians.
On October 1, 2001, Reina Malonzo was separated from the other hostages and taken to Zamboanga City by Abu Arabi with two other ASG members on board a passenger watercraft to stay at a house in Sta. Maria. Later on October 13, 2001, a firefight broke out between the ASG and the military, giving Joel Guillo and 3 other hostages the opportunity to escape from their captors. On even date, Sheila Tabuñag was released together with 2 other hostages from Dos Palmas, allegedly after paying ransom. Reina Malonzo was soon after also released by order of Khaddafy Janjalani on November 1, 2001.
Finally, after a shootout between the ASG and the military on June 7, 2002, at Siraway, Zamboanga del Norte, Ediborah Yap, died at the hands of her captors. Thereafter, a manhunt by the military was conducted, where the accused-appellants were subsequently captured and held for trial.
Hence, criminal informations for kidnapping and serious illegal detention under Art. 267 of the Revised Penal Code as amended by Sec. 8 of R.A. No. 7659 were filed against 17 ASG members on August 14, 2001, October 29, 2001, March 6, 2002, and March 12, 2002. As defense for the accused-appellants, 11 of the 17 of them raise the defense of alibi. Among them were Jaid Awalal, Imran Hakimin Sulaiman, Toting Hano, Jr., Abdurahman Ismael Diolagla, Mubin Ibbah, Absmar Aluk, Bashier Abdul, Annik/Rene Abbas, Haber Asari, Margani Hapilon Iblong, and Nadzmer Mandangan. On the other hand, Bashier Ordonez, Sonny Asali, Lidjalon Sakandal/Sabandal, and Abdulajid Ngaya claimed that they were merely forced by the Abu Sayyaf to join the group. The defense of being deep penetration agents of the military was conversely raised by 2 accused-appellants, Urban Salcedo and Kamar Jaafar.
After due trial, the court a quo, on August 13, 2004, rendered the appealed decisions which convicted all the accused-appellants of the crime of kidnapping with serious illegal detention. [2]
WHEREFORE, in view of the foregoing premises, We hold to AFFIRM the appealed judgments with the modification that the penalty of death be reduced to Reclusion Perpetua in Criminal Case Nos. 3608-1164, 3611-1165, and 3674-1187.
SO ORDERED. [4]
In light of the positive identification of appellant by the prosecution witnesses and since no ill motive on their part or on that of their families was shown that could have made either of them institute the case against the appellant and falsely implicate him in a serious crime he did not commit, appellant's defense of alibi must necessarily fail. It is settled in this jurisdiction that the defense of alibi, being inherently weak, cannot prevail over the clear and positive identification of the accused as the perpetrator of the crime. x x x [8]
As oft repeated by this Court, the trial court's evaluation of the credibility of witnesses is viewed as correct and entitled to the highest respect because it is more competent to so conclude, having had the opportunity to observe the witnesses' demeanor and deportment on the stand, and the manner in which they gave their testimonies. The trial judge therefore can better determine if such witnesses were telling the truth, being in the ideal position to weigh conflicting testimonies. Further, factual findings of the trial court as regards its assessment of the witnesses' credibility are entitled to great weight and respect by this Court, particularly when the Court of Appeals affirms the said findings, and will not be disturbed absent any showing that the trial court overlooked certain facts and circumstances which could substantially affect the outcome of the case. [11]
Sec. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.
x x x x
If a case has been filed against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. [12]
Sec. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That the suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.
x x x x
Sec. 40. Return of the Child in Conflict with the Law to Court. -
x x x x
If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years. [14]
Sec. 51. Confinement of Convicted Children in Agricultural Camps and Other Training Facilities. - A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in cooperation with the DSWD.