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Rusia took a packaging tape placed underneath the front seat where he was seated. He turned around to hand the packaging tape and saw Adlawan handcuff the sisters and tape their mouths. Their car was followed by the red car and they proceeded to Fuente Osmeña where they tried to hire a self-driven van, but were not able to do so because the driver or operator refused. They then went to a house in Guadalupe, Cebu City, and the occupants of the red car whom he identified as Francisco Juan Larrañaga (alias Paco), James Anthony Uy (alias Wangwang) and James Andrew Uy (alias MM), alighted. Paco with the help of Rowen Adlawan and Wangwang brought Marijoy Chiong inside a room while he and Josman Aznar brought Jacqueline Chiong into another room. The sisters were already weak. Josman Aznar told him to step out of the room. He stayed with MM in the sala and he could hear Paco, Rowen Adlawan and Wangwang who were in the room with Marijoy "giggling". From Guadalupe they proceeded to the South Bus Terminal where they hired a van which they used in going to Carcar, Cebu. The girls were transferred to the van. He was with Paco, Aznar, Adlawan and Wangwang in the van which was driven by accused Alberto Caño with Ariel Balansag as conductor. the white car driven by MM followed them to Carcar. On their way thereto, they stopped to buy barbecue and liquor. Shortly after they arrived in Tan-awan, MM arrived driving the white car. In Tan-awan, Carcar, they drank the liquor, smoked marijuana, which he himself brought, and they had a pot session. They then pulled Jacqueline out of the van, pushed her around, and told her to dance in front of them forming a circle. After that Paco, Adlawan, Wangwang, Caño and Balansag took turns in going inside the van where Marijoy was, while he, Aznar and MM took turns in molesting Jacqueline outside the van. Rusia admitted he raped Jacqueline; however, he did not actually see his co-accused raping the sisters.

          Later, Josman Aznar instructed Rowen Adlawan to "get rid" of Marijoy, and Rowen Adlawan and Ariel Balansag then brought Marijoy who was still alive but was already very weak to a cliff and pushed her into a deep ravine where a body later (doubtfully) identified as Marijoy's body was found. At that precise moment, he and Paco was watching as the two pushed Marijoy to her death.

          At that time, Jacqueline Chiong who was outside the van managed to run towards the road. Their group immediately got inside the van and followed Jacqueline. They shouted at her, telling her to run some more, and made fun of her. A tricycle passed by, so immediately they grabbed Jacqueline and brought her into the van. While inside the vehicle, Rowen Adlawan kept punching Jacqueline until she passed out. They drove back to Cebu City at about 5:30 in the morning of July 17, 1997 with MM Uy behind them in a white car. He got off near Ayala Center. Jacqueline who was unconscious was with the group inside the van.

          On the same day after obtaining some money, he went to 

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Bohol at the house of his grandmother where he stayed for seven (7) months. He returned to Cebu about a month before his arrest on May 8, 1998.

          Rusia further testified that after a year in hiding and being bothered by his conscience and having bad dreams, he decided to come out and confess as he felt sorry for what they did to the two girls who belong to a good family.

          On November 12, 1998, convinced that he told the truth, accused Davidson Valiente Rusia was discharged as an accused and given the status of a state witness by the Court in its Omnibus Order dated November 12, 1998, the pertinent portion of  which reads: "To qualify as state witness, an accused need not be the least guilty. Even if he is the second or third most guilty, he is still eligible for discharge as long as he does not  appear to be the most guilty. This is so because the rule allowing the discharge of an accused who turns state witness was enacted "in order to achieve the greater purpose of securing the conviction of the more or most guilty and the greater number among the accused for the offense they committed." (page 790, Francisco's Criminal Procedure, 1969 Edition, citing People v. Bayona, et.al., L-14426, 20 May 1960). If the testimony of an aspiring state witness makes possible the conviction of the most guilty and the greatest number among the accused, his discharge would be in order.   

          "In determining whether an aspiring state witness charged as co-conspirator is not the most guilty, the act-of one-is-the-act-of-all rule is not controlling. Instead the aspiring state witness' actual and individual participation in the commission of the crime will be looked into, and if the extent of such participation does not make him the most guilty, he is eligible for discharge" (Citing People v. Ocimar, et.al., G.R. 94555, 17 August 1992).

          The testimony of Davidson Valiente Rusia was corroborated in its material points by the other prosecution witnesses.

          Sheila Singson, 26 years of age, single, office supervisor of the victim Jacqueline Chiong at Global Village International Learning Center located at the third level of Ayala Center, Cebu City testified that on July 16, 1997 at about 6:00 o'clock in the evening she saw Jacqueline (whom they call Jackie) at their office together with her sister Marijoy using the computer. She was surprised to see her considering that it was her day-off but Jackie told her that she was there to get her salary. At about 7:00 o'clock in the evening, she left the sisters because she was already off from work and proceeded to the west entry of Ayala Center where she waited for her friend Hildo Ylaya to arrive. At past 7:20 in the evening more or less, while she was sitting on one of the benches, she aw Jackie and Marijoy come out of the exit door of the west entry and stood 10 to 12 meters away from where she was seated. She merely watched them and after 15 minutes, she saw Marijoy leave and so she decided to approach Jackie and they talked more or less 10 minutes. Jackie told her that they were waiting for their father to fetch them and that her sister went to

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the Farmer's Plaza parking lot also in Ayala Center to find out if the vehicle of their father was there. When Marijoy came back, Jackie asked permission to go and as she was moving towards the waiting shed at the left side of the west entry, she heard Jackie asking her not to go and when she turned her head towards them, she saw Paco Larrañaga approaching the sisters. She continued looking at them until Paco got near Marijoy and she saw them talking. At around 8:00 o'clock in the evening, she waived  Jackie goodbye and that was the last time she saw the Chiong sisters.

          She testified that she knew Paco Larrañaga because she had seen him five (5) times prior to July 16, 1997 in different places. She also knew that Paco Larrañaga was an admirer of Marijoy as per information of Jackie.

          Analie Konahap, 24 years of age, single, Account Executive of Ergo Economic System and former Manager of the Cyber Cafe at Global Village, testified that on July 16, 1997 at about 6:30 in the evening, she was at the office to follow up her clearance relative to her resignation as Manager of Global Village. She saw Jackie with her sister and that she even greeted them. She left at more or less 9:00 o'clock in the evening and proceeded to the west entry of Ayala Center where she usually pass in coming to work and in going home and there she saw the Chiong sisters talking to two (2) men whom she identified as accused Paco Larrañaga and Josman Aznar. She greeted Jackie and told her that she will go ahead and proceeded to board a taxi. She said she knew Paco Larrañaga and Josman Aznar because she had seen them about two (2) times before July 16, 1997 in the vicinity of their office.

          Rolando Dacillo, 47 years of age and a driver by occupation testified that he knew accused Rowen Adlawan because they used to be neighbors. He likewise knows accused Josman Aznar because he saw him twice already.

          On July 16, 1997 at about 8:00 o'clock in the evening, after taking their supper, he and his wife went to Ayala Center which is just a walking distance from their residence in order to see a movie. At about 11:00 o'clock in the evening after the movie, they walked home passing the covered walk of Ayala along Archbishop Reyes Avenue. When they were about to cross the street, he saw a white car parked on his right side and a red colored taxi without top light. He observed the white car as if it was shaking and as if there was quarreling inside and then heard a woman shouting "Don't" and saw a girl alight from the white car's right rear door and then the driver also alighting from the front door and grabbed the girl who struggled but he pushed her back into the car. He heard the woman asking for help. Thereafter, he saw the driver of the red car signaled or making a forward motion with his left hand and the two cars proceeded towards the north.

          He came to know later that the girl was Jacqueline Chiong when he saw her picture in the newspaper a week after he witnessed the incident. He was sure that it was Jacqueline

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because he saw her face as she was pushed back into the car and besides the street was well lighted with sodium light atop a lamp situated between the two cars. He also identified Josman Aznar as the person who alighted from the car and grabbed and pushed Jacqueline back into the car because Josman Aznar was facing him.

          Willard Redobles, 27 years of age, married and a security guard assigned at Ayala Center, Cebu City since March 1995 up to the present testified that at about 7:45 in the evening of July 16, 1997, he left his house at Camagong St. and walked to Ayala to report for duty. His tour of duty was from 9:00 P.M. to 9:00 A.M. of the following day. He reached the west entry of Ayala at about 8:00 o'clock in the evening and while he was shaking off his wet umbrella (it was raining at that night) and slippers, he noticed Jacqueline Chiong with a companion whom he later identified as Marijoy Chiong talking to Josman Aznar and Paco Larrañaga whom he identified at the prisoner's bench. He was only one (1) meter from them thus he could very well see the two youths. After he had changed to his uniform he went to the basement for guard mounting which took place at exactly 8:30 in the evening. Thereafter, he proceeded to the entrance door of the west entry to man his post and the Chiong sisters were still there talking to Paco Larrañaga and Josman Aznar until about 10:00 o'clock in the evening the time he closed the entrance door.

          Witness stated that he knew Jacqueline since the Global Village in Ayala opened four (4) months before the incident in question because every time Jacqueline and her co-employees would render overtime work, he had to secure overtime permits for Jacqueline. He likewise testified that he knew Josman Aznar and Paco Larrañaga by face before July 16, 1997 because they used to go to Ayala Center. He came to know their names for the first time only at the time he was investigated at the Office of the Criminal Investigation Group (CIG) and he was shown about 100 pictures.

           Benjamin Colina, a driver stationed at Park Place Hotel here in Cebu City testified that at about 11:30 in the evening of July 16, 1997, he was approached by two (2) persons whom he identified as Rowen Adlawan and Davidson Valiente Rusia and who were familiar to him because the two used to hang around Croissant Express just beside the hotel, in order to hire a self-driven van for P2,500.00 but he refused because he did not want his vehicle driven by other persons. He came to know the names of Adlawan and Rusia when he was invited by the CIG and identified their faces among the 100 pictures shown to him.

          Miguel Vergara, 58 years old, a dispatcher and owner of a rolling store at South Bus Terminal testified that on July 16, 1997 at about 11:30 in the evening, he was tending his store when a man with short black hair and whom he later identified as Rowen Adlawan approached him and asked where he could hire a vehicle. He pointed to a van bearing Plate No. GGC-491 which was parked nearby. He saw Adlawan talk to the driver and 

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thereafter the vehicle moved and stopped at a gas station. Because he had not yet received his commission from the driver of the van he followed them to the gas station and two mestizo-looking males and two females alighted from the white car one by one and boarded the van. He noticed the girls were still young and were held by the waist by the two (2) mestizo-looking youths as they alighted from the car and boarded the van. He did not see the face of the males because they were looking down and he could not also describe their features and the clothes they were wearing because he was interested only in his commission. He identified the driver of the van as Alberto Caño and his conductor Ariel Balansag. He is familiar with the van because it was always parked in the vicinity before July 16, 1997.

          Mario Miñoza, a tricycle driver plying the Carcar-Mantalongon route and a resident of Guadalupe, Carcar, Cebu stated that on July 17, 1997 (a Thursday) he started to drive his tricycle at 4:00 o'clock in the morning to pick up his passengers in Panas, Guadalupe, Carcar. From Panas, they headed to Mantalongon and passing Tan-awan, Carcar he saw a white van parked on the right side of the road (facing Mantalongon) near a tamarind tree and which was less than 100meters away from the cliff. He only observed the rear portion of the van bearing Plate No. GGC-491 and he did not see any person inside the van.

          After his passengers had alighted, he drove back to Sitio Panas. Upon reaching Sitio Tapal, he saw a woman running towards Mantalongon at the side of the road. He slowed down to look at the girl and she was thin with fair complexion and short hair with Chinese looking eyes. He identified the girl as Jacqueline Chiong from the photograph (Exh. "A") which was shown to him. He was able to observe the girl because she was under the electric post and there was also illumination from the houses nearby and she was hit by the headlight of his motorized tricycle.

          He also stated that the girl appeared insane because her hair was disheveled and her blouse was torn and she was running with no apparent direction. After the girl passed him, he saw a white van following at normal speed towards Mantalongon. He did not see the persons inside the van but he heard loud rock music coming from the vehicle.

          Manuel Camingao, also a tricycle driver plying the Carcar-Mantalonogn route and Chief Tanod of Poblacion I, Carcar, Cebu had also seen the van with Plate No. No. GCC-491 at Sitio Tan-awan, Carcar parked diagonally facing the cliff while he was on his way to Mantalongon. And because he thought that he was dumping garbage in the area he took down its plate number so that it would be easy for him to intercept or report it if he finds out that his suspicion was true, He did not see any person nor hear any noise inside the van. He proceeded to Mantalongon and arrived at 5:00 o'clock in the morning.

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Alfredo Duerte, also a driver and a resident of Awayan, Carcar, Cebu testified that on July 17, 1997 at 1:30 dawn, he was at a barbeque stand situated more or less 50 meters from his residence to order barbeque. He then went to a nearby store to buy milk for his 2-month old baby and when came back to get his order, a man approached him and asked where he could buy Tanduay Rhum. After buying liquor, the man came back and also ordered barbeque and requested that he be served ahead because he was in a hurry as his vehicle was waiting. He saw the van with Plate No. GGC-491 waiting by the road. It took more or less 10 minutes for the barbeque to be cooked and during this period he was able to take a good look of the man whom he identified as accused Rowen Adlawan because he was only an arm length away from him and the waiting shed where the barbeque stand was located was illuminated with fluorescent light.

          He had also a chance to observe the van which was waiting for Adlawan and he heard quarrelling inside and male and female voices. He also heard a cry of a woman but he could hardly understand what she was saying because it was as if her voice was being controlled or muffled. After Adlawan had taken his order, he immediately boarded the van which proceeded to Poblacion Carcar.

          He also testified that in the early evening of July 17, 1997,  he had already seen the van in Carcar and that he personally knows its driver Alberto Caño @ Allan Pahak because the latter was his conductor before he became a driver of a jeep plying Carcar to Cebu.

          Rosendo Rio, 53 years of age, a. resident of Cogon, Carcar, Cebu and a maker of shoes and slippers which he delivers to his customers in Barili, Cebu every Thursday testified that on July 17, 1997 at about 3:30 early dawn, he left his house in his motorcycle to go to Barili about 23 kilometers away to deliver his finished products to his customers. While he was on his way and upon reaching Sitio Tan-awan, he saw a. white colored van wrongly parked at the side of the road (the hood of the vehicle was facing towards Carcar and thus should have been parked on the left side). He also saw two (2) persons in front of the van. He slowed down because he was negotiating a curved road and he came, close to about two (2) meters away from the two persons and he could very well see their faces because they were illuminated by the light of his motorcycle. The two (2) persons were leaning against the hood of the van and were holding glasses. He identified these persons as Paco Larrañaga and Josman Aznar. As he drove further he saw two (2) other persons at the rear portion of the van, one was holding the door of the vehicle while the other was peeping inside the van. He did not see clearly the faces of these two persons.

          He further testified that he had already seen Larrañaga and Aznar two (2) times before. The first time he saw them was in the last week of June 1997 and in the first week of July 1997 both at Sitio Tan-awan sitting under a big tamarind tree beside a white car and drinking beer.  

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Arturo Unabia, a policeman assigned in Carcar, Cebu and who was designated as Officer-in-Charge of Carcar Police Station after their Chief of Police went on vacation leave since June 8, 1997 testified that at around 10:00 o'clock in the morning of July 18, 1997 while he was at the station, a barangay councilman of Guadalupe, Carcar, Cebu arrived and reported about the presence of a dead body at the foot of a cliff Tan-awan, Carcar. He immediately entered the report in their logbook and assembled his men and proceeded to Tan-awan about seven (7) kilometers away from their station to verify the report. When they arrived at the place, people had already gathered and so he instructed policemen to cordon the place while he was looking for some ways to get into that steep and deep ravine. After finding a route wherein the descent is gradual, he together with barangay councilman Rudy Lasaga and a barangay tanod started to go down. After about 15 minutes of descent, they arrived at the foot of the cliff where they saw the dead body of a woman lying on her left side. He observed that her pants was torn, her orange T-shirt was raised up and her bra was already below her breast. The eyes, forehead and neck were covered with masking tape and there were already plenty of flies. The left hand of the dead woman was pinned under her body and he saw a handcuff attached to her left hand. They did not touch the body. In his observation, the victim was more or less 20 years old. Upon his instruction, the photographer took the pictures of the dead woman (Exhs. "Z", "AA" to "DD" & submarkings). The body was transported to the Tupaz Funeral Parlor also in Carcar. He later learned that the dead woman found at the foot of the cliff was Marijoy Chiong alter the body was examined by experts from the PNP Crime Laboratory.

          Witness also testified that when he found the body he did not try to check for some documents that could have been in her possession which could identify her because he did not touch the body. But when it arrived at the funeral parlor, her clothing was checked and inspected but nothing was found. The body was laid at the Tupaz Funeral Parlor from July 18, 1997 until July 24, 1997 when the body was claimed by the father of the victim.

          Manuel Rodriguez, a driver and a part-time photographer testified that on July 18, 1997 he was hired by Carcar Police to take pictures of the dead body found at Tan-awan cliff. The dead woman had a handcuff on her left hand and her face covered with masking tape. He also noticed worms coming out from her mouth and nose. She was clad in maong pants (denim pants or jeans) and orange T-shirt which was raised up and her bra already somewhere around her waist. Upon the instruction of SPO4 Arturo Unabia he took the front and back view of the dead woman.

          Dionisio Enad, an embalmer of Tupaz Funeral Parlor testified that on July 18, 1997 he embalmed the body found in Tan-awan. Before embalming, he removed the masking tapes which was stuck to the face of the victim as well as the clothings and the underwears and checked the body for any wounds. He also removed the handcuff by sawing it with a steel saw and turned over all these items to SPO3 Benjamin Pepino of the CIG. 

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

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          SPO1 Antonio Sobala, Jr. of the Carcar Police entered into their blotter (Exh. "NN") the events wherein SPO4 Unabia and the rest of the police officers recovered a fragmentation grenade oil top of the cliff in Tan-awan.

          In the afternoon of July 22, 1997, the Regional Mobile Group headed by Insp. Martin Logan arrived in Carcar and requested for assistance to go to Tan-awan to search for more evidence. He joined the group upon the order of their Officer-in-Charge. They stayed in Tan-awan for three hours and they were able to recover a pair of black Converse rubber shoes at the garbage site near the cliff. They also recovered a black computer diskette below the railings near the cliff. He recorded in the police blotter (Exh. "00")  the events and the things they recovered in the vicinity of the cliff and placed them inside a locker for safekeeping. On the following day, he turned those pieces of evidence to SPO1 Rene Rosalita of the Provincial Command in Lahug per Receipt dated July 23, 1997 (Exh. "QQ").

          SP01 Alexis Elpusan of the Criminal Intelligence Group got those pieces of evidence from SPO1 Rosalita on July 24, 1997 and together with Insp. Ariston Era brought them to the PNP Crime Laboratory upon the instruction of their Chief. Col Napoleon Estilles.

P/Insp. Edgardo Lenizo was presented as an expert witness. He is a graduate of Bachelor of Science in Criminology aside from being an LL.B. He then passed the government board in Criminology in 1988 but before he took the government board examination, he was already connected with the PNP since 1986 where he underwent on-the-job training at Camp Crame PNP Crime Laboratory to train in fingerprint examinations and where he conducted about 500 cases of fingerprint examinations, about 30 of them on dead bodies. He testified that the fingerprints of the dead woman found at the bottom of the cliff at Sitio Tan-awan (whose skin tissues had been sliced off the right and left thumbs of the woman by PNP Medico-Legal Dr. Sator) perfectly matched the thumb prints of Marijoy Chiong as appearing in her Voter's Registration. Witness also testified that the computer diskette (which had been recovered by the police at the top of the ravine where the body of Marijot was found) bore the left thumb print of the accused Josman Aznar using for comparison Aznar's thumb print as appearing on his PNP Booking Sheet. (That computer diskette containing accused Aznar's thumbprint could only have been Jacqueline's because she was working in a computer company at Ayala Center and none of the accused are computer literate).

          Although this court itself had expressed serious doubts as to the identity of the corpse found at the bottom of the cliff at Sitio Tan-awan, Carcar, Cebu because no frontal close-up of the photo of the face was presented in evidence - it is not necessary that such corpse be really Marijoy's (it could be that of an earlier victim to the same gang) because the dead body of the person in kidnapping is not an essential element of the corpus delicti of the crimes of

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kidnapping and serious illegal detention of the Chiong sisters which have been proven by the testimonies of the aforesaid prosecution witness. This is only logical because - suppose the kidnap victim could no longer be found as in the case of Jacqueline? It is possible that the kidnappers buried or disposed the bodies of the two (2) sisters together and that the corpse found in Carcar was that of another victim. But at most what this could prove is only that Rusia had lied when he said that their gang dumped Marijoy off that cliff - not that Rusia's entire testimony is false - this is the meaning of the maxim "falsus in uno falsus in omnibus". The Court is precisely holding that the killing of Marijoy Chiong has not been proven beyond reasonable doubt.

          Dr. Nestor Sator, a Medico-Legal Officer of the PNP Region 7 testified that he conducted a post­mortem examination on the body of Marijoy Chiong on July 20, 1997 at 10:30 in the morning. The body was already embalmed when he conducted the autopsy and before opening the body, he first recorded all the injuries sustained by the victim. The latter sustained multiple fractures, dislocation, abrasions, lacerated wounds and contusion in the different parts of the body.  

          When he examined the genitalia, he noticed a deep hymenal laceration at 1:00 o'clock position and shallow hymenal laceration at 3:00 o'clock and 6:00 o'clock positions. And in his expert opinion, this deep hymenal laceration could be cause by a forceful sexual intercourse, or if the size of the penis is bigger that the opening of the woman or by several forceful sexual intercourses by more than one person - thus it is possible that the victim was raped by more than one person. He however did not conduct any smear to determine traces of semen in the genitalia of the victim because the body was already embalmed and there was a probability that the embalming had washed out the semen and its adulteration by the formalin.

          In his expert opinion, the victim was  still alive when she was thrown into the deep ravine because of the vital tissue reaction along the injuries sustained by the victim. Vital tissue reaction is our normal response to injury like swelling and accumulation of blood adjacent to the injured part. He also said that the body was already bloated when he examined it and found maggots or worms in the body meaning that the victim died 24 hours ago because it takes 24 hours for an egg of a fly to be hatched into a larva or maggots and if he would have to approximate the time of her death, the victim must have been dead more or less 35 hours before she was embalmed.  

          Jude Daniel Mendoza is a Bachelor of Science Graduate at Velez College in 1986 he took and passed the government board examination on that same year. He had his on-the-job training at the PC-INP here in Cebu City for two (2) years and became a permanent Medical Technologist of the PC-INP Crime Laboratory Service February 3, 1989. He had undergone trainings at Camp

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Crame on how to examine dried blood, stains, seminal fluids and vaginal smears and the like for almost a year.

          On July 25 1997, he conducted an examination on the specimens submitted to their office by SPO3 Benjamin Pepino of the CIG. He prepared Medico-Legal Report No. S-011-97 (Exh. "SSS") wherein he indicated that the orange colored Giordano T-shirt (Exh. "A") and maong pants (denim pants or jeans) (Exh. "B")  were positive for human blood. The bra (Exh. "C"), panty (Exh. "D") and the Converse rubber shoes (Exh. "F") were also positive for blood but could not determine its origin because the quantity of blood stain was insufficient for determining its origin. He also issued Medico-Legal Report No. S-011A-97 (Exh. "TTT") wherein he indicated that the stain found in the panty of the victim was positive for seminal fluid.

          Thelma Chiong, the. mother of Jacqueline and Marijoy testified that she had known accused Rowen Adlawan since 1993 and she know him during the Intramurals at the University of Southern Philippines (USP) where her daughter Marijoy studied from grade school to high school. She remembered that Marijoy mentioned to her that the students of USP usually call Adlawan "Tatay" in school. She likewise knows Francisco Juan Larrañaga alias Paco because sometime in 1994, the latter with Adlawan, Josman Aznar and another friend brought Marijoy home. She was then sitting by their window her usual place whenever she waits for her daughters to arrive, and she saw Marijoy brought home by the said accused.             

          She testified that her daughter Marijoy during her high school days was chosen as "Miss USP Siglakas" as shown in the pictures marked as Exhs. "G" & "H"). After her graduation in high school in 1994, Marijoy studied at the University of San Carlos taking up Business Administration. While in College, Marijoy won in the Miss USC contest and was also chosen as Miss Sportswear.

          She described her daughters Marijoy and Jacqueline as loving, sweet and obedient. They were very close to her and confided to her their secrets and love life. That Marijoy before she died had a boyfriend with whom she had been going steady for I ¹/2 years. She remembered that a month  before her daughters abduction, Marijoy told her that she was threatened by Paco Larrañaga that something will happen to her if she will not break up with her boyfriend. According to her daughter Paco was an admirer and the latter would always follow her in school. They did  not take the threat of Paco seriously because they did not believe that he would make good his threat. Paco was not formally introduced to her but she had seen him twice when he brought Marijoy home while they were still residing in Capitol, Cebu City but he had not visited her daughter at home.

          On the rebuttal, the prosecution further presented SP03 Ramon Ortiz who was previously assigned at the Mabolo Police Station from June 1994 to November 1997. He testified that in the evening evening of July 12, 1997 while he was on duty as investigator, a certain Marlon Corominas with three (3) companions personally

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 13
reported to him that at more or less 4:45 P.M. he was mauled inside Glico's located at the Ayala Center by a certain Rowen Adlawan and Wangwang Uy. He noticed that the complainant suffered a cut at the upper middle portion of his lip and his face was swollen and bloodied. He entered the report in the blotter and advised him to execute an affidavit and to seek medical attendance.  

          Camilo Canoy, a resident of Carcar, Cebu and a member of the Civil Security Unit of the Provincial Capitol here in Cebu City and detailed at the Office of the Governor and assigned in providing security to Governor Garcia. He testified that between 7:00 and 8:00 P.M. of July 16, 1997, he was at the gasoline station of Poblacion Carcar waiting for a passenger jeep going to Cebu City. He had to be in Cebu City because the governor would be leaving for Camotes in the early morning of the following day. At 7:15 P.M. lie was able to board a dirty white Lite Ace van Plate No. GGC-491 as shown in the picture marked as Exh. "V-3") and he sat in the front. There were more or less 10 passengers who were seated at the back but he was alone in front beside the driver. He was able to recall the plate number of the vehicle because he had taken a ride in it for three times before July 16, 1997. He also remembered its driver, Alberto Caño because he is acquainted with him. He however did not recognize the conductor. He paid his fare to Caño in the amount of P15.00 and alighted in Colon at 9:00 P.M. According to the witness he could very well remember that he boarded the said vehicle on the night of July 16, 1997 because on the following day, July 17, 1997 he was to go to Camotes Island with Governor Garcia to give tlie checks for the construction of the airport in Camotes.

          He executed an Affidavit at the CIG Office on July 27, 1997. He voluntarily went to the CIG after he heard over the radio that accused Caño denied having driven the van on the night in question.

          Neptali Cabanos, Detachment Commander of Ayala Center whose duties include supervising all those tasked to secure Ayala Center and also keeps records of any untoward incidents, takes photographs of the culprits and he is also a custodian of the records like the Incident Logbook and the Culprit Photo Album.

            On January 27, 1999, he was approached by Mr. Dionsio Chiong at his office and inquired whether he has files or records of incidents committed by the herein accused. He found in their blotter (Exh. "IIII") the July 12, 1997, incident involving James Anthony Uy @ Wangwang and also found his photograph (Exh, "JJJJ") in their Culprit Photo Album. The entry in the blotter was made by the former Detachment Commander of Ayala Coater, Lt. Fajardo.

          P/Insp. Leodegardo Acebedo was presented to rebutt the testimony of Clotilde Soterol, Catalina Paghinayan, and Gina Caño. He is presently assigned in Dumaguete City as Chief of the Criminal Investigation & Detection Group Field Office.

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            He testified that while he was still the Chief of the Intelligence and Operation Branch of the CIG at Camp Sotero Cabahug, he happened to know one Clotilde Soterol whom he met twice. He met her the first time on July 27, 1997 at around 9:00 P.M. at her residence in Carcar, Cebu when he and his men went there to ask questions about the vehicle with Plate No. GGC-491 which was used in the abduction of the Chiong sisters and to know whether the allegation of Caño and Balansag when the latter were summoned for investigation at the CIG Office that the van was being repaired in their shop on July 16, 1997 was true. And Clotilde Soterol informed them that although the subject vehicle was brought to their shop at 10:00 A.M. of July 16, 1997, Caño took it back at 3.00 P.M. and returned it only on July 22, 1997 thus belying the claim of Alberto Caño. When he learned about it, he asked Soterol whether she was willing to execute an affidavit and the latter readily agreed. He then invited her to go to their office but Soterol requested them to just come back in the morning because it was already late and she also has to inform her husband who was still out. On the following day July 28, 1997 at 8:00 A.M. their group were already in the house of the Soterols and after 10 to 15 minutes they left for Cebu City together with Clotilde Soterol. At the CIG Office and in his presence and SPO1 Junco, SP03 Pepino took the statements of Soterol in the form of question and answer in the Cebuano dialect and was translated and typed in English . After her affidavit (Exh. "DDDD") was completed, he read and translated to Soterol  her two-paged affidavit. After she signified to him that she understood what was read and translated to her, that she had nothing to add or delete and that the contents of her affidavit were true and correct, he then asked her to affix her signature. He notarized the document per authority granted to him under Sec. 50 of R.A. 6975, the New PNP Law.

          Against the foregoing facts and circumstances, the accused proffered the defense of denial and alibi which are summarized and evaluated in the ANNEX hereof.

          To deprive a person of his precious life or liberty, the evidence against him must stand the crucible test of reasonable doubt to overthrow the constitutionally guaranteed presumption of innocence he has in his favor. This Proof beyond reasonable doubt is such degree of proof, that after examination of the entire evidence, produces moral certainly in an unprejudiced mind as to the accused's culpability. And it is axiomatic that defense of alibi cannot prevail over positive identification of the accused by the prosecution witnesses.

          "It is an oft‑repeated rule that alibi is one of the weakest defenses an accused can invoke and courts have always looked upon it with caution, if not suspicion, not only because it is inherently unreliable but likewise because it is rather easy to fabricate. For the defense of alibi to prosper, the accused must show he was at such other place for such a period of time that it was physically impossible for him to have been at the place where the crime was committed at the time of its commission (People v. Azuque, 268 SCRA 711). Thus, for alibi as a defense to 

PAGE 15
prosper, two (2) requirements must be satisfied - 1). That the accused was not at the scene of the crime at the time it was committed; 2). That it was physically impossible for the accused to be at the scene of the crime at the time of its' commission (People v. de Guzman, et.al., G.R. 92537, April 25, 1994). (See Annex pp. 15-24).

          After an assiduous examination and evaluation of the testimonial and documentary evidence, the Court is convince that the accused failed to measure up to these settled requirement s for the defense of alibi to prosper. Accused have not shown by clear and convincing evidence that it was physically impossible for them to be at the Ayala Center where Jacqueline and Marijoy Chiong were abducted on that fateful night of July 16, 1997.

          The turning point that strengthened the case for the prosecution was the testimony of its state witness Davidson Valiente Rusia who provided positive and definite testimony of the guilt of the accused and who positively identified the herein accused. The defense impugned the credibility of Rusia and claimed that his testimony should not be given weight because he had been previously convicted of a crime involving moral turpitude and his testimony is replete and fraught with lies. But the fact of prior criminal conviction alone does not suffice to discredit a witness. The testimony of such witness must be evaluated and scrutinized in exactly the same way as the testimony of other witnesses must be examined for its relevance and credibility (People v. Dominguez, et.al., G.R. 100199, January 18, 1993). The Court believes that Rusia's credibility was not put in doubt by reason alone of his prior criminal conviction. He was unwavering in his identification of the accused. And even if he had been promised or granted immunity, that in itself is no indication of lack of truth or credibility in his testimony, considering that a person already charged in Court may be discharged from the information and utilized as a state witness under certain conditions (People v. Dominguez, G.R. 100199, January 18, 1993). As stated by this Court in its November 12, 1998, Omnibus Order:

                    "The Court is convinced of the righteousness of the Prosecution's stand that the testimony of Rusia (especially since he was subjected to extensive cross-examination by counsels de parte for all the accused) is substantially corroborated by the ten (10) other prosecution witnesses "almost every step of the way" from Ayala Center to Carcar - and since the Defense had waived cross-examination of said prosecution witnesses thus leaving them unimpeached - this Court has no choice, but to consider prosecution's evidence of the guilt of all the accused - at this stage of the proceedings (and as thus far submitted to, this Court) as indeed strong. No other conclusion is possible with the Court's previous admission of the judicial confession of Rusia, and its evident corroboration by the said ten (10) prosecution witnesses whom the defense counsels refused to cross-examine - and because the accused have not yet presented any evidence in their defense.

PAGE 16
          "It is axiomatic that the determination of whether or not the evidence of guilt is strong (i.e. the reliability and credibility of the testimonies of the accused-witness Rusia and the other prosecution witnesses) is a matter of judicial discretion (0campo v. Bernabe, 77 Phil. 55) - and the findings of trial courts as regards credibility mid sufficiency of evidence carry great weight because they have the privilege of examining the deportment and demeanor of witness and, therefore, can discern if such witness are telling the truth (Rules of Court Annotated, Paras, 1991 Ed., Vol. 4, page 615). The rule is well-settled that: "It is not necessary , in order to render testimony credible, that it be given by a witness whose character entitles him to belief. Furthermore, the mere fact that the testimony of a witness is not believed does not of itself warrant a finding of the direct opposite of such testimony." (30 Am Jur., Evidence, Sec. 1080). Further, our Supreme Court has repeatedly held that inconsistencies and discrepancies on minor details of the testimony of a witness serve to strengthen his credibility as they are badges of' truth rather than indicia of falsehood - they indicate veracity rather than prevarication and only tend to bolster the probative value of such testimony (Pp v. Macasa, 229 SCRA 422; Pp v. Israel, 231 SCRA 155; Pp v. Calegan, 233 SCRA 537: Pp v. Apolonia, 235 SCRA 124; Pp v. Ponayo, 234 SCRA 226; Pp v. Mendoza, 236 SCRA 666; Pp v. Utinas, 239 SCRA 362). 

          "NOW, what possible reasons could the above-named respectable prosecution witnesses have had for lying to this Court? - especially the two young women executives (Singson and Konahap) who positively identified Larrañaga and Aznar as the persons they saw that night shortly before the kidnapping talking with the Chiong sisters - Larrañaga whose claim or defense is that he was in Manila that fateful night?

                    And why should the voluntary and straight forward testimonies of said principal prosecution witness now be regarded by the Trial Court as void? When this Court had given the accused every opportunity to cross-examine said witnesses on and after September 24, 1998 through counsels of their choice? Instead of testing the accuracy, truthfulness, credibility, and bias, or interest if said witnesses, the Defense opted not to cross-examine them -  allegedly on the ground that accused were not represented by counsels of their own choice but only by PAO counsels de oficio at the time the Court received the direct testimonies of said witnesses.

          To further bolster their defense, accused assert that if they indeed committed the crime they could have left the place after the commission to escape any liability but they were there all the time until they were implicated. This is plain sophistry. It is true that "the wicked flee when no man pursueth but the righteous are as bold as a lion" as the defense points out. But, this proposition cannot pass judicial muster for a while in some cases the Supreme Court has ruled that assailant's decision not to flee after the crime

PAGE 17
despite an opportunity to do so is not characteristic of a guilty person, the opposite has also been upheld in a host of Cases. The fact that accused did not take flight is not sufficient ground to e exculpate him from the proven criminal liability (People v. Antud, supra). The circumstances of this case do not indicate that the accused dared to stay because of their "righteousness" but it appears to the Court that the accused did not feel that their presence here would be dangerous to them, considering that none of the persons who were with them would dare denounce them or their companions. Rightly or wrongly, they did not feel threatened they were in their own turf, so to speak. Besides, their pretended innocence is clearly non sequitor to their decision not to flee. Apart from the fact that there is no law holding that non-flight is a conclusive proof of innocence, the argument does not hold weight in the light of the positive identification of the accused. The material factor here is that there is positive identification of the accused (People v. Pugal, G.R. 90637, October 29, 1992) and. there is overwhelming evidence which establish their guilt (People v. Sartagoda, et.al., G.R. 97525, April 7, 1993).

          Accused's argument that they did not have the motive to commit such a serious crime of kidnapping and serious illegal detention is devoid of merit. In People v. Tanco, 58 Phil. 255, Motive is never an essential element of a crime. An extreme moral perversion may lead a man to commit a crime without a real motive (especially when under the influence drugs) but just for the sake of committing a criminal act does not necessarily mean that there is none, but that simply it is not known to us, for we cannot probe into the depth of ones conscience where it may be found, hidden away and inaccessible to our observation. One way be convicted of a crime whether motive appears to be good or bad, or when though no motive is proven. A good motive does not prevent an act from being a crime. As cited iii the case of People v. Salcedo, 62 Phil. 812: "Evil designs are sometimes concealed under the cloak of affection and friendship. The betrayal of the Great Master by one of his trusted disciple was stamped with a kiss" and so runs the old adage: Faithful are the wounds of a friend, but the kisses of an enemy are fateful. Besides, motive need not be established when was positively identified and there is no doubt as to the identity of the culprit (People v. Demetirio, 124 SCRA 914).

          The existence of conspiracy to kidnap and to seriously, illegally detain the victims has been proven beyond reasonable doubt. It is fully supported by the evidence. The community of purpose, the unity of design, and the acts simultaneously or contemporaneously performed by the accused have been satisfactorily shown. The accused by their acts arrived at the same objects and their acts though apparently independent are in fact concerted and cooperative, indicating closeness of personal associations, concerted actions and concurrence of sentiments. The conducts of the accused before. during and after the commission of the crimes clearly show that they acted in concert (People v. Agag, L-64951, June 1984).

PAGE 18
           It was the American philosopher, Ralph Waldo Emerson,  who wrote:

                    "Commit a crime, and the earth is made of glass. Commit a crime, and it seems as if a coat of snow fell on the ground, such as reveals in the woods the track of every partridge and fox and squirrel and mole ... Some Damning circumstance always transpires. Wherever a man commits a crime, God finds a witness ... every secret crime has its reporter."

          However, the Court is morally convinced that. the accused have committed beyond reasonable doubt only two crimes of Kidnapping and Serious Illegal Detention as charged. The Court is not morally certain that there was also rape or homicide or dehumanizing treatment of the victims by the accused. While Rusia admitted raping Jacqueline, the Court doubts that such admission could be used against the others considering that Rusia has been discharged as an accused. Besides, the Court is disinclined to impose the death penalty hi these cases considering the ages of most of the accused (below 21)at the time of the commission of the crime and the poverty and lack of education of the others. Moreover, the mother of the victims Thelma Chiong has made public announcements that she has already "forgiven" the accused for what they did to her daughters. Having thus "forgiven" them, the Court is certain that Mrs. Chiong, a good Christian, would no longer want the death penalty to be imposed on the accused. To quote from the Sermon of the Mount: "Blessed are the merciful, for they shall obtain mercy. " As for aggravating and mitigating circumstances, the Court, believes that these counter-weight or offset one another in these cases. To the mind of the Court, therefore, it is enough punishment that these youths (who appear to be "victims" themselves of our "drug-culture" society and of their respective environments) be subjected to penalty of reclusion perpetua and thus effectively barred from any further kidnapping of young women whom they (regarding themselves "crazy kings" may under the influence of drugs decide to forcibly abduct again in the future.

          Under R.A. 7659 otherwise known as the "Heinous Crimes Act" the penalty for Kidnapping and Serious illegal detention is Reclusion Perpetua to Death when the illegal detention had lasted for more than three (3) days. But since accused Larrañaga and the Uy brothers were below 21 at the time of the kidnapping, the Court considers such circumstance to be not. only mitigating circumstance (Art. 13(10), Revised Penal Code) but that it would constitute cruel and unusual punishment to impose upon such youthful offenders the Death Penalty (24B C.J.S. Criminal Law, Secs. 1983(2), 1989). As regards the other accused Caño, Balansag and Adlawan, they appear to be poor people, lacking in education, and were represented by only PAO lawyers. The Court cannot sentence the rich accused in those cases to Reclusion Perpetua and the poor accused to Death. Of course, our Supreme Court can always upgrade the crimes and penalties imposed by this Court -

PAGE 19
since it has exclusive appellate jurisdiction over these cases. But as far as this Court is concerned, it is enough that we keep these evidently drug-addicted youths in the National Penitentiary for at least 20 years and thus effectively prevent them from committing any further kidnapping.

          The point is that imposing the Death Penalty on these accused will not bring Marijoy and Jacqueline Chiong back to life. We have to temper justice with mercy. An "eye for an eye" and a life for a life?  But this law of retaliation or "Lon Talionis" as sanctioned in the Old Testament was precisely debunked and condemned by Jesus Christ in His "Sermon on the Mount" wherein He preached:

                    "Ye have heard that it hath been said, an eye for an eye and a tooth for a tooth; But I say unto you, Love your enemies, do good to them that hate you, that ye may be children of your Father, who is in heaven; for he maketh his sun to rise on the evil and on the good x x x and he sendeth rain to the just and the unjust."

          The mother of the victims is, of coarse, grief-stricken and disconsolate because of what happened to her young daughters in these drug-induced crimes. But so are the mothers of the youthful accused likewise grief-stricken and disconsolate - because they would also miss their young sons who have been imprisoned in the BBRC since 1997 and will probably continue to be imprisoned in the National Penitentiary for more than twenty (20) years. All will therefore just have to "try at last to learn to kiss the cross" - the cross of humanity or the cross of life that we will have to 'bear for being "tao larnang" ("human only") as it goes in that old song "My Rosary":

                    "0 memories that bless and burn, 
                      0 barren gain and bitter loss,
                      I pray each bead and try at last to learn 
                      To kiss the cross, sweetheart - 
                      To kiss the cross."

          WHEREFORE, all the accused Francisco Juan Larrañaga, Josman Aznar, James Andrew Uy, James Anthony Uy, Rowen Adlawan, Alberto Caño and Ariel Balansag are hereby found Guilty beyond reasonable doubt of two crimes of Kidnapping and Serious Illegal Detention and are hereby sentenced to imprisonment of two (2) Reclusiones Perpetua each - which penalties, however, may be served by them simultaneously (Article 70, Revised Penal Code). Further, said accused are hereby ordered to indemnify the heirs of the two (2) victims in thee cases, jointly and severally, in the amount of P200,000.00 in actual damages and P5,000,000.00 by way of moral and exemplary damages.

SO ORDERED.
          Given in open Court, this 5^th day of May, 1999 at Cebu City, Philippines.

                                                                                                                  signed: MARTIN A. OCAMPO
                                                                                                                  Judge

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

ANNEX

(Summary and Evaluation of the Defense Evidence)

          Accused Francisco Juan Larrañaga alias Paco was supposed to testify that on July 16, 1997, he was in Manila taking his mid-term examination and that in the evening thereof, he was with his friends at R & R Bar & Restaurant until 3:00 o'clock dawn of July 17, 1997. However, the prosecution and the defense entered into a stipulation approved by the Court that said witness if presented would testify as above stated and so the defense dispensed with the presentation of Paco Larrañaga.

          To corroborate his alibi, Paco Larrañaga presented his mother, friends and teachers.

          Margarita Gonzales Larrañaga is the mother of Paco; She testified that her son was enrolled at the Center for Culinary Arts (CCA), Quezon City. She paid the school tuition fees for Term I which covered the period from June 16, 1997 to August 7, 1997. While Paco was studying in Manila she rented a, condominium unit at the Loyola Heights Condominium which is just a walking distance to his school. Her son completed Term 1 and received his final grades in the subjects Fundamentals in Cookery and Applied Mathematics.

            She remembered that in the evening of July 16, 1997, Paco called her from his condo unit using his friend's cellular phone. Prosecution manifested that the Mobiline Statement of Account (Exh. "36"-Larrañaga) does not show the name of the caller but only the date and the number called.

          On July 17, 1997, Paco took his mid-term examinations as shown by his test paper and that of his classmates (Exh. "31" & series) on the subject Fundamentals of Cookery but the prosecution noted that the test paper has no date to indicate when it was given. In the evening thereof, Paco came home to Cebu City taking a Philippine Airline flight. She stated that originally, Paco's departure time was at 7:00 P.M. of July 17, 1997 but because he arrived early at the Manila Domestic Airport he was able to take 5:00 P.M. flight for Cebu.

          She emphasized that her son has several look-alike in Cebu his type, built and his being a mestizo-looking but she does not want to implicate any one and does not like to name one because she does not want their parents to suffer what she is suffering. She also said that she loves her son so much that she would do everything to help him.

PAGE 2 of annex
          On cross-examination, Mrs. Larrañaga stated that her son was born on December 27, 1977 and was 19 years when the Chiong sisters were kidnapped in Ayala Center on July 16, 1997. Paco finished his high school at Don Bosco Technical School and studied for only one (I) year at the University of San Carlos because he was not happy with his course as he wanted to be a Chef.  

          Since her son left for Manila on June 8, 1997 to study, she kept tract on him through the telephone. She would call him up at least once a week and her son would also call her but other than those times she did not have any idea as to his other activities since it would be impossible for her to monitor him 24 hours a day. Paco is very close to her and would confide to her about his friends, his crushes and his girlfriend, Margarita Jarque. Her son never mentioned Marijoy to her and she knows that Paco never met the latter and nor was his son an admirer of Marijoy because she knows more or less his friends and the girls that her son admired. She belied the testimony of Mrs. Chiong that for two or three occasions in 1994, Paco with Aznar, Adlawan and another friend brought Marijoy home because at that time Aznar was still in Bicutan. She learned from Paco himself upon his arrival from Manila on July 17, 1997 and also from his friends that he had been at R & R Bar and Restaurant and showed before the Court the pictures which were taken during the occasion (Exhs. "39", "40" 4"41").

          Mrs. Larrañaga also testified that before her son was committed to the BBRC, she never met her son's co-accused Alberto Caño, Ariel Balansag and Rowen Adlawan and she saw Rusia for time first time only during his arraignment. But she knows Josman Aznar and had met him when he came to their house. Paco admitted knowing Adlawan before this incident.

Lourdes Pacita Montalvan or Leah is 17 years old from Quezon, Bukidnon. She remembered having met and known Paco Larrañaga sometime in the middle of June 1997 at the lobby of the Loyola Heights Condominium where she was also staying while she was still a student of Ateneo.  

          On July 16, 1997 at more or less 7:00 o'clock in the evening, she went up to the unit of Paco where he met his friend a certain Richard. Later that evening, Charmaine another friend of Paco also arrived. She did not have the chance to know their family names because she never saw them again after that first meeting. She stayed at Paco's unit for almost two (2) hours just listening to their conversation as she was only new in the group. Thereafter s