Title
People vs. Mercado
Case
G.R. No. 116239
Decision Date
Nov 29, 2000
Two police officers kidnapped, tortured, and murdered a 17-year-old boy in 1994. Witnesses and medical evidence proved their guilt, leading to a death penalty ruling despite their alibi defense.

Case Digest (G.R. No. 116239)
Expanded Legal Reasoning Model

Facts:

  • Case Background
    • Accused-appellants Elpidio Mercado (SPO2) and Aurelio Acebron (SPO1), members of the PNP, were charged with kidnapping with murder before RTC Branch 156, Pasig.
    • The RTC found them guilty and sentenced each to death, P50,000 civil indemnity, P52,680 burial expenses, P100,000 moral/exemplary damages, and costs.
  • Incident Chronology
    • On February 9, 1994 at around 9 PM in Pasig, Mercado, armed and in police uniform, and his aide Eric Ona forcibly took 12-year-old Florencio Villareal and 17-year-old Richard Buama—suspected of stealing from Mercado’s video store—into Mercado’s red car.
    • They were driven to a safe‐house apartment in Tanay, Rizal. There, the victim Richard was beaten, his hands and feet tied with rattan rope, gagged, stripped, and loaded into the car’s luggage compartment; Florencio and Eric were left behind under threat.
    • After about two hours, Mercado and Acebron returned without Richard. When asked, they said he had been “silenced” or “laid to rest.” They then threatened Florencio and Eric at a beerhouse.
    • On February 12, Virgilio Buama, Richard’s brother and a policeman, recovered Richard’s body from a morgue near Laguna. Postmortem showed intracranial hemorrhage from skull fracture, multiple lacerations, and bound limbs.
    • Investigation by SPO2 James Mabalot: Florencio and Eric identified Mercado and Acebron from police photos; the car bore bloodstains consistent with the crime.
  • Defense Case
    • Accused-appellants pleaded alibi, presenting Tanay PNP logbooks and testimony of SPO4 Teofilo Paz Bias that they were on official duty in Tanay on February 9, signing logbooks at formation assemblies.
    • Both accused testified to lengthy police/military careers, their duty roster in Tanay, and prior grievances with the witnesses, claiming false implication.

Issues:

  • Whether R.A. No. 7659 (death penalty law) is constitutional under the 1987 Constitution and international obligations.
  • Whether the trial court correctly assessed the credibility of principal witnesses Florencio Villareal and Eric Ona despite alleged inconsistencies.
  • Whether the evidence—much of it circumstantial—was sufficient to prove kidnapping with murder beyond reasonable doubt.
  • Whether there was a conspiracy between Mercado and Acebron to commit the crime.
  • Whether the alibi defense based on logbooks and official assignments was valid.
  • Whether the penalties and awards of damages were properly imposed and calculated.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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