Title
People vs. Jose y Lagua
Case
G.R. No. 200053
Decision Date
Oct 23, 2013
Bulauitan and Mangahas kidnapped Editha Chua for ransom; Bulauitan's alibi rejected, convicted as co-conspirator, sentenced to life without parole, and ordered to pay damages.
kidnapping for ransom
witness testimonies
overt acts

Case Summary (G.R. No. 200053)

Charge, Information, and Material Elements Alleged

The Information dated October 10, 2002 alleged that, on or about August 12, 2001, in the City of Tuguegarao, Cagayan, and within the trial court’s jurisdiction, the accused acted as private persons, “armed with guns,” conspiring and helping one another without legal ground or authority. It alleged the use of force, violence, threat, and intimidation, and the taking and carrying away of Editha T. Chua against her will for the purpose of extorting ransom from her family.

The Information further alleged aggravating circumstances: (1) demand for ransom; (2) use of motor vehicle; (3) night time and the offense was committed by a band; and (4) commission of the crime with the aid of armed men. It concluded with the statutory “Contrary to law” clause and specified the victim’s abduction from her residence and subsequent transport to Isabela, where the vehicle incidentally rammed gravel and sand, prompting the kidnappers to abandon the vehicle and the victim, after which she was later rescued.

Procedural Posture at Arraignment

Only Bulauitan and Fortunato Mangahas (Mangahas) were arraigned. Alias warrants of arrest were issued against the remaining co-accused, and the case proceeded against the two who were before the trial court.

Evidence for the Prosecution: Testimony of the Victim and Corroboration

At trial, the prosecution presented the testimony of the kidnap victim, Editha Chua, her son-in-law Eric Chua, and SPO2 Jim Roger Julian of the Tuguegarao City Police.

Editha testified that, on August 12, 2001 at around 8:00 p.m., she was at home with her husband Vicente Chua, her daughter Elizabeth, and Eric, after leaving their store. They used a Nissan pickup driven by Vicente, with Editha in the front passenger seat and Eric behind her. When the family arrived home, their maid opened the gate, and while the pickup was still in the driveway a car entered. Editha identified two bare-faced armed men who alighted as Bulauitan and Mangahas.

According to Editha, Mangahas opened the driver’s door and hit Vicente with a long firearm, while Bulauitan approached Eric. Editha and Elizabeth begged Bulauitan and Mangahas not to harm Vicente because of his heart ailment, but they refused. Editha narrated that Mangahas kept hitting Vicente until he fainted, and Mangahas then pulled Editha from the pickup, dragged her to another vehicle, and had her blindfolded with masking tape over her mouth and her hands bound.

Editha stated that after the kidnappers moved her into a different vehicle and later transferred her again, she identified the second vehicle as a Mitsubishi Adventure with Plate No. WSX 299. She heard the kidnappers discussing their plan, and she heard gun reports after passing through terrain and two check points without stopping. Editha also said she felt a needle injected into her right arm while they traversed a remote area in Roxas, Isabela. She then claimed the kidnappers removed the vehicle’s plate number, and while they heard sirens, they assumed the sirens came from a patrol car chasing them, so they left her in the vehicle.

She later removed the blindfold and tape, opened the vehicle door, and sought help. Policemen from Isabela arrived, brought her to Dumlao Hospital, and she was later escorted back to Tuguegarao City. She reached St. Paul’s Hospital at around 3:00 a.m., where she noticed Vicente’s condition and later saw Mangahas at the police station, identifying him as one of the kidnappers.

Eric corroborated the victim’s account. He testified that Bulauitan poked his stomach with a short firearm and later pointed the gun at his cheek while Mangahas dragged Editha out of the pickup. Eric also related that after Editha was taken away, he called Elizabeth’s cousin Jimmy dela Cruz, who arrived with policemen.

SPO2 Julian testified on police response. He stated that on August 12, 2001 at about 8:00 p.m., the station received a report about the kidnapping. He went to the Chua residence with officers, verified the report, and received information that Editha was seen in Roxas, Isabela. They proceeded there and found Editha in Dumlao Hospital. They also investigated the Mitsubishi Adventure where Editha was boarded and found that it was owned by the accused Alfred Jose.

Evidence for the Defense: Denial and Alibi

The defense relied on denial and alibi. Bulauitan and his wife Maria testified that Bulauitan was plowing a rice field in Sampaguita, Solana, Cagayan, from dusk to dawn of August 12, 2001, and that he went home between 5:00 p.m. and 6:00 p.m. His residence, Maria explained, was about three kilometers from the national highway, and Solana was about one hour by jeepney from Tuguegarao City. Maria corroborated Bulauitan’s schedule: he ate and took a nap at home at lunch time, returned to the fields, went home at around 5:30 p.m., slept after 8:00 p.m., and Maria woke him around midnight to accompany her to urinate. The following day, he woke up after 5:00 a.m., ate breakfast, and prepared to work.

Mangahas denied involvement and claimed he worked in his tilapia fishpond in General Balao, Solana, Cagayan, and also cut firewood and helped with household chores. His son Benjamin corroborated Mangahas’s account.

The defense asserted that Bulauitan and Mangahas were not acquainted with each other prior to meeting at the Bureau of Jail Management and Penology in October 2001.

RTC Findings and Conviction

In a judgment dated February 2, 2009, and as amended on February 4, 2009, the RTC found both Mangahas and Bulauitan guilty beyond reasonable doubt as co-conspirators in the commission of kidnapping for ransom. It imposed reclusion perpetua. The RTC held that the prosecution proved beyond reasonable doubt the elements of kidnapping and illegal detention under Article 267, considering the victim’s forced taking and deprivation of liberty and the purpose of extorting ransom.

The RTC also relied on the identification testimony of Editha and Eric. It found no ill motives attributed to the prosecution witnesses. In amending its decision on February 4, 2009, the RTC modified the civil aspect by declaring that the moral and exemplary damages were payable jointly and severally by the accused.

CA Decision: Affirmance of Conviction with Modifications

Bulauitan appealed to the CA, contending that the prosecution failed to specifically point out his participation in the kidnapping. The CA affirmed the conviction but modified the decision by expressly declaring that Bulauitan and Mangahas were not eligible for parole under the Indeterminate Sentence Law. The CA also modified the damages award by increasing exemplary damages in favor of Editha from P25,000.00 to P100,000.00. The CA’s decision treated the victim’s cross-examination statements as significant, particularly her testimony that one of the men entered the gate and that Bulauitan held a short firearm. Eric’s testimony on Bulauitan’s role in poking and assisting in the forceful pulling of the victim was also considered.

Issues Raised on Appeal

Before the Supreme Court, Bulauitan raised the lone issue of whether the RTC and the CA erred in finding him guilty beyond reasonable doubt of the crime charged. He specifically maintained that his identity as one of the kidnappers and his direct participation were not sufficiently proven.

Parties’ Positions on the Identity and Participation Evidence

The Office of the Solicitor General (OSG) sought dismissal. It emphasized that Editha and Eric positively testified seeing Bulauitan enter the gate and assist Mangahas. It noted that Bulauitan wielded a short firearm which he used to poke Eric’s stomach and cheek, and that he assisted Mangahas in dragging Editha to the vehicle used by the kidnappers.

Supreme Court’s Discussion of Evidence and Credibility

The Court held that the appeal lacked merit as to the conviction, while it ordered further modifications in the civil awards. It reiterated established doctrines governing appellate review of factual findings. It explained that questions on sufficiency of evidence are resolved by reference to the trial court’s findings, which receive the highest respect on appeal unless there is a clear and overwhelming showing of error involving misapprehension or misapplication of material facts. It also emphasized that victims naturally strive to remember the faces of their assailants and the manner of the criminal acts. Further, it stated that where no evidence shows a reason for perjury by prosecution witnesses, the logical conclusion is that no improper motive exists.

The Court also restated that where acts collectively and individually show a common design toward achieving the unlawful purpose, conspiracy is evident and all participants are liable as principals. It clarified that to convict an accused as a co-principal by reason of conspiracy, proof must show the accused performed an overt act in furtherance of the complicity.

Applying these principles, the Court quoted testimony from the record reflecting Editha’s identification of which accused held which firearm when they entered the gate and approached the Nissan pickup. It then relied on Eric’s testimony corroborating that Bulauitan poked him and that Bulauitan helped during the forceful extraction of the victim, including pointing the firearm at Eric’s cheek while Editha was being pulled away. The Court concluded that the prosecution evidence regarding Bulauitan’s identity and participation was positive, categorical, and unwavering, thereby outweighing his denial and alibi.

The Court reasoned that Editha and Eric had ample opportunity to see the accused. It found that the accused entered the gate of the Chuas’ residence, approached the pickup while wielding firearms used to hit or poke passengers, and dragged Editha to the kidnappers’ vehicle. It further noted that the accused did not wear bonnets or masks, making their features easier to observe and remember. It also found that the defens

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