Case Summary (G.R. No. 138874-75)
Credibility of the State Witness
• Trial court and this Court credited Rusia because his testimony aligned “strikingly” with physical evidence—ravine location, tape on mouth, handcuffs on wrists—and was corroborated by disinterested witnesses (Dacillo, Minoza, Molina, Vergara, Duarte, Camingao, Rio).
• Physical proof ranked highest in the evidentiary hierarchy, reinforcing Rusia’s positive identification of appellants.
Alibi Defense
• Alibi is inherently weak, negative, and self-serving; it yields to clear, affirmative witness identification.
• Appellants’ alibi witnesses were relatives or friends; prosecution witnesses were disinterested bystanders.
• Travel feasibility disproved claimed impossibility: multiple daily Manila–Cebu flights (1-hour duration); several credible eyewitnesses placed appellants at Ayala Center and Tan-awan on July 16–17, 1997.
Exclusion of Defense Witnesses
• Professor Jerome Bailen (archaeologist, not fingerprint expert) offered only a stale, visual inspection report—properly excluded.
• Atty. Florencio Villarin’s late‐filed affidavit: contained unsubstantiated opinions, internal grievances, and acknowledgments (e.g., confirming Marijoy’s identity and appellants’ suspect status) that neither altered facts nor impeached findings.
• Dr. Racquel Del Rosario-Fortun’s post-trial study on the Tan-awan corpse was not “newly discovered” and could have been presented at trial.
Identity of the Body
• Inspector Edgardo Lenizo (PNP fingerprint expert) conclusively matched the corpse’s fingerprints to Marijoy Chiong.
• Tape and handcuffs on the corpse were identical to those used during detention; the clothing matched Marijoy’s garments at abduction.
• Chiong family personally identified and buried the body; no competing claim surfaced.
Claim of Minority by James Andrew Uy
• Trial record: Formal Offer of Additional Evidence (March 1, 1999) stated he was 18; later erratum claimed he was 17.
• Birth record entries inconsistent or illegible.
• Resolution directs Solicitor General
Case Syllabus (G.R. No. 138874-75)
Citation and Court
- 502 Phil. 231 (En Banc)
- G.R. Nos. 138874-75
- Decision dated July 21, 2005
Facts of the Case
- Two young women, Marijoy and Jacqueline Chiong, were abducted on July 16, 1997 near Ayala Center, Cebu City.
- Prosecution witness Davidson Valiente Rusia testified he observed appellants abduct and transport the sisters to a remote ravine in Tan-awan, Carcar.
- Marijoy’s body was later found in the ravine, bound with handcuffs and gagged with tape; Jacqueline was released alive.
- Physical evidence included matching fingerprints, the same clothing and restraints on Marijoy’s body, and corroborative witness sightings of appellants at key locations and times.
Procedural History
- Regional Trial Court (Branch 7, Cebu City) tried Criminal Cases Nos. CBU-45303 (special complex kidnapping with homicide and rape) and CBU-45304 (simple kidnapping with serious illegal detention).
- On February 3, 2004, the Supreme Court affirmed with modifications the RTC convictions:
- Death by lethal injection for six adult appellants in CBU-45303.
- Reclusion perpetua for six adult appellants in CBU-45304.
- Reclusion perpetua for minor James Anthony Uy in CBU-45303; prision mayor minimum to reclusion temporal maximum for him in CBU-45304.
- Joint and several civil and moral damages awarded to heirs of both victims.
- Appellants filed four separate motions for reconsideration, raising questions on evidence, procedure, identity of the corpse, and penalty.
Dispositive Portion of the Supreme Court Decision
- Affirmed RTC convictions and imposed penalties as modified.
- Ordered forwarding of records to the Office of the President for possible exercise of the pardon power.
- Noted three Justices’ view on the unconstitutionality of RA 7659’s dea