365 Phil. 606
PARDO, J.:
"In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused but whether it entertains a reasonable doubt as to his guilt. This determinant, with the constitution presumption of innocence which can be overthrown only by the strength of the prosecution's own evidence proving guilt beyond reasonable doubt, irresistibly dictate an exoneration in this case."[1]The presumption of innocence is not a mere procedural tool of the law. It is not overcome by the presumption of regularity; indeed, it can be rebutted only by proof beyond reasonable doubt.
"The constitutional presumption of innocence is not an empty platitude meant only to embellish the Bill of Rights. Its purpose is to balance the scales in what would otherwise be an uneven contest between the lone individual pitted against the People of the Philippines and all the resources at their command. Its inexorable mandate is that, for all the authority and influence of the prosecution, the accused must be acquitted and set free if his guilt cannot be proved beyond the whisper of a doubt. That mandate shall be enforced."[2]
"x x x the prosecution must overthrow the presumption of innocence with proof of guilt beyond reasonable doubt. The proof against him must survive the test of reason, the strongest suspicion must not be permitted to sway judgment."[3]In offenses involving the capital punishment, the presumption of innocence takes an even more paramount significance. "It is safely entrenched in our jurisprudence that unless the prosecution discharges its burden to prove the guilt of the accused beyond reasonable doubt, the latter need not even offer evidence in his behalf."[5]
In order to convict an accused the circumstances of the case must exclude all and each and every hypothesis consistent with his innocence."[4]
"WHEREFORE, finding the evidence of the prosecution more than sufficient, to prove the guilt of accused of the offense charged, pursuant to Sec. 20 of Republic Act 76 paragraph 5 thereof, accused EDGAR LAGMAY y ALARCON, is sentenced to suffer a maximum penalty of death by electrocution, in accordance with Sec. 24 of Republic Act 7659.The antecedent facts of the case are as follows:
"Notwithstanding the imposition of the above-death penalty against accused, Edgar Lagmay y Alarcon, this court finding the above-penalty, harsh and clearly excessive, considering the personal circumstances of accused, as first offender, without prior derogatory record against him, pursuant to Art. 5, par. 3 of the Revised Penal Code, it is recommended to His Excellency President Fidel V. Ramos, President of the Republic of the Philippines, through the Secretary of Justice, Manila, to extend Executive Clemency to accused, on account of the strict enforcement of the provision of Republic Act 7659 can be considered harsh or clearly excessive penalty deserving exercise of Presidential Pardon and/or commutation of sentence, along with appropriate legislative remedial measures, as may be recommended with Congress of the Philippines, to correct the disparity in the Imposition of penalty as above-pointed out."[7]
"That on or about June 7, 1994, in the city of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, did then and there willfully, unlawfully and feloniously had in his possession 3.2 kilograms of dried marijuana leaves and one stick marijuana cigarette roch, a prohibited drug."[8]On June 21, 1994, the court issued a warrant for the arrest of the accused.[9] On July 14, 1994, the court arraigned the accused and he entered a plea of not guilty.[10] The court issued an order[11] setting the case for continuous trial beginning with the presentation of the prosecution's evidence on August 4 and 5, 1994, at 8:30 in the morning, and for the accused on August 30 and 31, 1994, at 8:30 in the morning.
Q. What was your work before becoming a fisherman?The sisters and the wife of the accused testified that they went to see the accused at the detention center at Camp Catitipan and judging from his physical appearance, it was clear that he was physically abused. They went to the human rights office in Davao City to request for assistance and was given a letter addressed to Major Lasa. They went to Camp Catitipan to deliver the letter to Major Lasa. One of the guards advised them not to give the letter if they still wanted to see the accused alive.
A. I was a conductor.
Q. What is the work of a conductor?
A. The work of a conductor is to attend to the passengers to see to it that they are properly seated and to collect their fare.
Q. You mean to say that you are a conductor of a passenger vehicle?
A. Yes.
Q. What kind of passenger vehicle?
A. A PUJ.
Q. What kind of a PUJ, if you know?
A. Lawin
Q. Who is the owner of that PUJ Lawin where you were a conductor?
A. Fernando Calvo.
Q. Where is he staying?
A. At Toril infront of the Color Plaza.
Q. Who is the driver of that jeep where you are a conductor?
A. Efren Sustiger.
Q. Since when did you become the conductor of said Jeep?
A. January 1994.
Q. Where is the route of that Lawin jeep were you are a conductor?
A. Toril Agdao and vice versa.[14]x x x
Q. Will, you please tell the court if you remember on June 7, 1994 if you were a conductor in that jeep?
A. Yes.
Q. At about 7:00 in the evening of the said date June 7, 1994 do you remember where were you?
A. Yes.
Q. Where were you
A. I was at that time at the Assumption School.
Q. Where is this Assumption School located?
A. Cabaguio Avenue, Agdao Davao City.
Q. Why were you at Assumption School?
A. It is where we execute a U-turn.
Q. Will you tell the court at Assumption School if you have a passenger?
A. One passenger boarded the vehicle.
Q. From Assumption School where did your jeep proceed?
A. We are on our way to Toril.
Q. Going to Toril from Assumption School what route did you pass.?
A. The road infront of the Agdao public market.
Q. On your way to Agdao public market what do you noticed if any?
A. A passenger in front of the SSS boarded the vehicle.[15]x x x
Q. You said you passed in front of the Agdao public market, while you were passing in front of the Agdao public market, what did you observe if any?
A. Two passengers boarded the jeep.
Q. What kind of passengers if you know?
A. A woman and a man.
Q. These two passengers can you tell us whether they were companion (sic)?
A. No.
Q. Why do you say that they are not companion (sic)"
A. Because they were standing (sitting) quite a distance apart.
Q. Who boarded ahead of the two.
A. The woman boarded ahead.
Q. Please tell the court if the woman who boarded ahead brought anything with her in riding the vehicle?
A. She was not carrying anything.
Q. How about the male passenger, please tell the court if he brought anything with him when he boarded that jeep?
A. None.
Q. Can you tell us what particular place in front of Agdao public market where did your jeep proceed?
A. Towards Uyanguren.[16]x x x
Q. Will you please tell the court from Assumption School up to Bankerohan, if your jeep has any baggage or bag inside the jeep?
A. None.
Q. How long you waited (sic) at Bankerohan for some more passengers?
A. More than half an hour.
Q. After waiting more than half an hour where did you proceed?
A. We proceeded towards the direction of Toril.
Q. How many passengers can you recall from Bankerohan? Were you full?
A. About 24 passengers.
Q. What is the seating capacity of your jeep?
A. 22
Q. How about the excess of two (2), where are they seated?
A. They were just clinging to the jeep.
Q. From Bankerohan where did you proceed?
A. Going towards Toril.
Q. While you were on your way to Toril tell us what happened if any?
A. A passenger disembarked at Bangkal and Lombisco.
Q. From Lombisco where did you proceed.
A. Proceeding towards Toril.
Q. While travelling from Lombisco towards Toril what happened if any?
A. Somebody flagged our jeep at Ulas.
Q. Who stopped you at Ulas?
A. Policemen.
Q. Why do you know that they are policemen?
A. Because they were in uniform and they were armed.
Q. Did you stop?
A. Yes.
Q. What happened when you stopped your jeep.?
A. A policeman checked the inside portion of the jeep and he went towards the driver's seat.
Q. What happened when the policeman inspected the inside of the jeep?
A. He saw a bag inside the jeep.
Q. Where is that bag located?
A. Inside the jeep
Q. Inside the jeep at the ceiling or at the flooring?
A. At the Flooring.
Q. Please tell us how far from the driver?
A. Half a pathom.
Q. When the policeman saw that bag what did he do if any?
A. He told me to get the bag
Q. And what did you do?
A I got it and handed (sic) to the policeman.
Q. What did the policeman do with the bag?
A. He opened the bag
Q. After he opened the bag where were you?
A. Just near him.
Q. Do you know what is the contents of the bag?
A. yes.
Q. What is the content when the policeman opened the bag?
A. A (sic) dried leaves that were already grounded.
Q. What happened when the policeman saw the contents of the bag?
A. He closed it back.
Q. When he closed, what did he do?
A. He placed it back inside the jeep
Q. After he p1aced the bag inside the jeep, what did the policeman do?
A. He tried to awaken that (sic) was sleeping at that time.
Q. That man is one of the passengers or not?
A. Passenger.
Q. What happened to that man awaken by the policeman?
A. The man woke up.
Q. Do you know that man that was sleeping and awaken by the policeman?
A. Only by his face.
Q. Why do you know him by face?
A. Because he already rode our jeep so many times.
Q. When this man was awaken by the policeman what happened after that?
A. The man was asked by the policeman if he was the owner of the bag.
Q. What was the answer if any?
A. The answer was "that is not my bag".
Q. After he answered, what did the policeman do?
A. He again asked the question.
Q. What is the answer for the second question?
A. He again said that the bag was not his.
Q. After the second answer what did the policeman. do if any?
A. For the third time, he asked the same question.
Q. What was the answer when the policeman asked the same question for the third time?
A. He again answered that the bag was not his.
Q. After that man awaken by the policeman answered for the third time that the bag was not his, what did the policeman do if any?
A. The man was asked by the policeman to go down and bring along with him the bag.
Q. And what did the man do if any?
A. He went down the jeep but he did not bring along the bag.
Q. When the man already went down from the jeep what did the policeman do if any to that man?
A. The man was asked by the policeman whether he was a police or a military man.
Q. What was the answer?
A. I am a civilian, was the answer.
Q. After the answer I am a civilian, what happened?
A. He was frisked by the policeman.
Q. After the man was frisked what happened next?
A. He was asked his name.
Q. What was the answer?
A. He said "I am Edgar Lagmay".
Q. Where were you when he answered I am Lagmay?
A. I was just near them.
Q. By the way that bag that the policeman ordered the man to bring down, what is the color of that bag?
A. A fatigue bag.[17]
"WHEREFORE, finding the evidence of accused to support his petition for new trial, not sufficient beyond reasonable doubt, to overturn and or defeat the judgment of this court, dated February 24, 1995, convicting accused of the offense charged, accused petition for new trial, is denied.Hence, this automatic review.
"The judgment in this case dated February 24, 1995, is ordered reinstated and enforced, effective immediately upon receipt of accused through counsel of this order.
"The Branch Clerk of Court, is accordingly ordered to elevate the entire records of this case with the Hon. Supreme Court, Manila, through the Clerk of Court of said Court for automatic review of the original judgment of this court, dated February 24, 1995."[18]
Q. Could you tell this Honorable Court what you were driving on June 7, 1994, in the evening.According to the trial court, the testimony of Efren Sustiger without any impeaching evidence from the accused holds true and convincing. The court held that the testimony of Efren Sustiger as against that of Lilia Pecson was more credible, decisive and free of any error.
A. In June 7, 1994 I was driving a Lawin jeep colored orange.
Q. Is that a passengers jeepney?
A. Yes, sir, passengers jeepney.
Q. Who owns the jeep?
A. Mr. Calma.
Q. Now, on June 7, 1994 in the evening, while passing through San Pedro and Anda Street, Davao City, can you recall of any passenger, who took your vehicle?
A. A person boarded my vehicle.
Q. Can you still identify that particular person?
A. Yes, sir.
Q. Who?
A. That one (witness pointing to Edgar Lagmay).[19]x x x
Q. You said he boarded your vehicle in the corner of Anda and San Pedro what was his physical appearance when you first saw him?
A. At the time he held my vehicle he was carrying military backpack.
Q. What was he wearing?
A. He waas wearing a polo.
Q. Where was he bound"
A. He was going to Toril.
Q. As a driver do you have a conductor?
A. Yes, Sir.
Q. Can you still remember the name of your conductor?
A. Alias Antik.
Q. Now, while upon reaching the crossing Ulas can you recall what incident happened if any?
A. When we reached the crossing of Ulas there was a checkpoint placed there.
Q. But before that you mentioned the accused was carrying a bag.
A. Yes sir.
Q. Can you remember the bag if shown to you again?
A. I can still recognize it.
Q. I would like to show you Mr. Witness, can you still recognize?
A. Similar to this.
Q. Please open it?
A. (witness untying the bag). It is really similar to this.
Q. You said when you reached crossing Ulas, you noticed that there was a military mobile checkpoint?
A. Yes, sir.
Q. What happened?
A. When we reached there, personnel from the military approached us.
Q. Can you still recall who was that military officer?
A. If it (sic) will be shown to me again this person, I can recognize.
Q. What was the purpose of this military officer in going to your jeep.
A. He was doing an inspection round on my passengers.
Q. What happened next?
A. I saw, a person carrying a (sic) similar to this bag, then the military man asked that man, why is that he is carrying that bag.
Q. Who was that person who was asked that (sic) military about the bag?
A. My passenger, that one (witness pointing to the direction of the accused).
Q. And what was the answer of the person?
A. He answered that he was a military man.
Q. And what else did the military do?
A. He was requested if possible he should (sic) go down from the vehicle, because of (sic) this bag be inspected by the police.
Q. Did the accused comply?
A. Yes, he went down.
Q. What happened?
A. He was told by the military from the checkpoint, if it would were possible for him he can open his bag.
Q. Did the accused open the bag?
A. He only acted to open this bag, but he ran away.
Q. Where did he go
A. On a dark portion of that area.
Q. How about that (sic) bag?
A. This was left to that military man who requested him to open this bag.
Q. Then what happened later on about you said that accused ran away?
A. He was chased by that military man who carried that bag.
Q. Can you recall the names of the military man who chased that accused?
A. If I can see his face again, I can recognize him.
Q. Do you know if the accused was recaptured'?
A. Yes, Sir.
Q. Where was he brought?
A. He was brought to the sub-station at Ulas.
Q. How about you?
A. They fetch my (sic) vehicle and this is also brought to Ulas station.
Q. While at the UIas station what happened?
A. They showed to me the person asking if he was the man who was my passenger.
Q. What happened next?
A. The passenger was requested to open this bag.
Q. Who requested him to open the bag?
A. The one who apprehended him.
Q. Did the accused comply with the request'?
A. Yes sir.
Q. What was found if any?
A. Dried leaves.
Q. If you can see him, (sic) that dried leaves, can you more or less, identify?
A. Yes, sir.
Q. We would like you to see (sic) the dried leaves Mr. Witness, can you tell the Honorable Court, more or less? (Witness shown the dried leaves)
A. Similar to this, but that one was placed inside the plastic bag.[20]
Q. Now, in the checkpoint, you were still on the wheel, you did not alight from your vehicle, is that correct?It would be difficult for the driver, seated in front of the jeep by the steering wheel to see the contents of the bag when the accused allegedly opened the bag at the other end of the jeep, considering that it was that time and the distance from the driver's seat to the other end of the jeep was more or less twenty (20) feet.
A. Yes. sir.
Q. And the passengers alighted already?
A. I saw, one passenger going down my vehicle.
Q. What is the instruction of the military man in the checkpoint to you?
A. He had no instruction given to us, but he only said, they will be doing an inspection.
Q. There are no instruction to the passengers to alight from the vehicle?
A. Only that person who was carrying this pack bag, who was ask to go down.
x x x
Q. You said you were at the driver's wheel, you want to tell the honorable court, that you saw the passengers in the mirror at the top of the driver's seat?
A. No, I turn around looking towards many people.
Q. Now, you turn around and it is a policeman talking to you?
A. No, I was watching him when he instructed that man the person who carried the bag, to go down the vehicle.
Q. How many military men manning the check point?
A. I cannot count there were many of them.[22]
Q. When you went out from the office of the City Prosecutor, what happened?PO3 Christopher Laput who headed the team that conducted the checkpoint and arrested the accused was also presented as a witness. In his testimony P02 Laput stated:
A. We were told by the policemen to be a witness, to testify that Edgar Lagmay was the one who brought the bag.
Q. That was the second time you were told by the policemen to testifying that Edgar Lagmay was the one who brought the bag?
A. Yes
Q. Did you agree after coming out of the office, from the office of the City Prosecutor?
A. No.
Q. Because you did not agree what did you do?
A. I just kept silent.
Q. What do you mean by keeping silent?
A. I did not agree.
Q. After the policemen told you two times to testify to point to Edgar Lagmay as to one who brought the bag, did you have the intention to testify?
A. No.
Q. Did you tell anybody that you did not have any intention to testify?
A. There was.
Q. Who (sic) did you tell?
A. My parents.
Q. What was the (sic) reaction when you told them you have no intention to testify?
A. They agreed with me.
Q. Since you have no intention to testify, what did you do if any?
A. I transferred residence.[26]
Q. On June 7, 1994 at around 9:35 in the evening where were you?In the instant case, the Court is faced with the dilemma of whether or not to give weight to the testimonies of the conductor (de La Cema) and the passengers of the jeep Victor Degamo and Teresita Pecson. They, failed to testify in the original trial of the case and only went into the open upon learning that accused Lagmay was sentenced to death.
A. On June 7, 1994 at 9:35 in the evening we received the directive from our commanding officer to conduct a checkpoint at crossing Ulas.
Q. Who is your commanding officer'?
A. Police Inspector Romero Tubesa.
Q. Did you actually go to the area as directed?
A. Yes, sir.
Q. While at crossing Ulas what happened?
A. Because there are two teams, one team will be assigned in the direction of Toril, Davao City, and one team where I was assigned in direction to Toril.[27]x x x
Q. With respect to the team which was assigned towards the direction of Toril, what happened if any, about that time June 7, 1994?
A. Around 9:45, P.M. I flagged down a particular passenger's jeep bound for Toril then as I observed the jeep in the center there were three persons hanging on the jeep.
Q. What did you observed if any?
A. I observed that there was one person inside the jeep that was carrying a bag.
Q. You said. you observed a person carrying a bag, what did you do?
A. I approached him and ask him his name.
Q. What did he tell you, as to his name?
A. Because he did not answer when I asked him about his name so I again further said, what are you, are you a policeman or military.[28]xxx
Q. Now will you ask other passengers aside from him as to the ownership of the bag?
A Only he.
Q. Am I correct to say that what lead you ask him because he looks like a military is that correct?
A. No.[29]x x x
Q. Now, you will admit that you instructed the accused to open the that army, bag?
A. Yes sir.
Q. And you will admit that he denied the ownership of the bag?
A. He did not deny.
Q. But you will admit that you never made an instruction to the other passengers to confirm the ownership of that bag?
A. Yes, sir.
Q. You also failed to get the name of the woman passenger whom you tell the Honorable Court that is seated beside the accused?[30]