THIRD DIVISION
[G.R. Nos. 204533-34. November 26, 2018.]
ROGER CAUSAREN, CELESTINO GARCIA, AND MICHAEL MALABANAN, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 26, 2018, which reads as follows:
"G.R. Nos. 204533-34 — (ROGER CAUSAREN, CELESTINO GARCIA, AND MICHAEL MALABANAN, petitioners,v. PEOPLE OF THE PHILIPPINES, respondent). — This resolves a Petition for Review on Certiorari1 assailing the Sandiganbayan June 21, 2012 Decision 2 and October 31, 2012 Resolution, 3 which found Roger Causaren (Roger), Celestino Garcia (Garcia), and Michael Malabanan (Malabanan) guilty beyond reasonable doubt of two (2) counts of homicide. 4
Informations were filed before the Sandiganbayan against the three (3) men, together with co-accused Mayor Albert Ambagan, Jr. (Mayor Ambagan), Domingo H. Villasis (Villasis), Alberto C. Angcanan (Angcanan), Juanito S. Loyola (Loyola), Melanio S. Bayot (Bayot), Rosendo V. Causaren (Rosendo), Flor R. Amparo (Flor), and Reo A. Rojales (Rojales). The cases were docketed as Criminal Case Nos. 28259 and 28260.
The Information in Criminal Case No. 28259 read:
That on the 5th day of July 2004, or sometime prior or subsequent thereto, in the Municipality of Amadeo, Province of Cavite, Philippines, and within the jurisdiction of this Honorable Court, accused [MAYOR AMBAGAN], a public officer being the Municipal Mayor of Amadeo, Cavite, and committing the offense herein charged in relation to his Office as such, specifically in overseeing and maintaining peace and order in his municipality, with intent to kill, did then and there willfully, unlawfully[,] and feloniously induce, command[,] and order accused [VILLASIS, MALABANAN, GARCIA, and ROGER], all public officers being the Barangay Captain of Barangay 5, Amadeo, Cavite, Sangguniang Member of Amadeo, Cavite, and members of Civil Security Unit of Amadeo, Cavite, respectively, to attack, assault[,] and shoot [SPECIAL POLICE OFFICER 2] REYNALDO SANTOS [SPO2 SANTOS], and by reason thereof, accused [VILLASIS, MALABANAN, GARCIA, and ROGER], oblige, follow[,] and execute said command and order by then and there firing and shooting at [SPO2 SANTOS] with their firearms[,] hitting the latter/victim on the head and different parts of his body and inflicting upon him mortal wounds, which directly caused his instantaneous death and which act of the aforenamed (sic) accused was perpetrated in the presence of accused [ANGCANAN, LOYOLA, BAYOT, ROSENDO, FLOR, and ROJALES], who are likewise public officers being members of Civil Security Unit of Amadeo, Cavite, who gave moral support to accused [MAYOR AMBAGAN, VILLASIS, MALABANAN, GARCIA, and ROGER] to commit the crime (of) homicide to the damage and prejudice of the heirs of the victim in such amount as may be proved in court.
CONTRARY TO LAW. 5 (Emphasis in the original)
The Information for Criminal Case No. 28260 read substantially the same, except that the victim in it was Domingo Bawalan. 6
In addition to victims SPO2 Santos and Domingo Bawalan, three (3) of Mayor Ambagan's men died during the incident: (1) Rene Amparo (Rene); (2) Leandro Causaren (Leandro); and (3) Edrilin John Jamon (Jamon). 7 CAIHTE
During their scheduled arraignment on August 11, 2005, Roger, Garcia, Malabanan, and their co-accused, except Villasis, who had died a year earlier, entered separate pleas of "Not Guilty." 8
At the hearing, the prosecution presented, among others: (1) a couple of witnesses who claimed to have been at or near the crime scene during the incident; (2) witnesses who testified to the events leading up to the crime and its investigation; (3) an analysis of the firearms and ammunition used by the perpetrators; and (4) the physical examination and analysis of the victims' bodies. 9
Among the witnesses was Benigno M. Cabillo (Cabillo), a Group Director of the Cavite Police Provincial Mobile Group (CPP Mobile Group) at the time of the incident. He testified that SPO2 Santos, then head of a CPP Mobile Group unit, was responsible for gathering information and investigating crimes in Cavite. 10 On July 4, 2004, Cabillo directed SPO2 Santos to monitor the site in Maragondon, Cavite, and follow-up the investigation of the killing of a Maragondon barangay captain, Joselito Ochoa. Thus, SPO2 Santos, together with a certain Police Officer 3 Penales, went to Maragondon. He had with him his issued M16 rifle and M203 Garand rifle. 11
At 12:10 a.m. on July 5, 2004, Cabillo received a text message from SPO2 Santos, who said he had apprehended some men with three (3) long firearms in Barangay Tamacan. Cabillo told SPO2 Santos to wait while he organized an alert team. Then, SPO2 Santos called him to say that Mayor Ambagan was present and that he was asking SPO2 Santos to settle the matter himself. In other words, Mayor Ambagan was requesting the release of the confiscated firearms. Cabillo, still on the phone, heard SPO2 Santos telling Mayor Ambagan to wait for Cabillo. He said SPO2 Santos's tone sounded cool and normal. 12
After 20 to 30 minutes, Cabillo and his team arrived in Barangay Tamacan, where he saw SPO2 Santos' and three (3) other men's lifeless bodies on the highway. Special Officer 4 Donato Malimban was already at the scene. Cabillo noticed SPO2 Santos' parked van, inside of which was his M16 rifle and grenade launcher on the right side of the steering wheel. 13
Regina B. Salazar (Salazar) was the Barangay Captain of Barangay Banay-banay, Amadeo, Cavite at the time of the incident, and was related to both SPO2 Santos and Domingo Bawalan. She testified that at around 5:00 p.m. on July 4, 2004, she received a text message threatening her barangay. She forwarded it to SPO2 Santos, who told her to inform him of any problems in her barangay. When he replied that he was in Maragondon, she turned to Mayor Ambagan, who then said that he would send a police officer. 14
Salazar then informed barangay councilors of the threat and sent out barangay tanods. Later, Leandro, his nephew, Roger, Villasis, Malabanan, Flor, and Garcia arrived, carrying long firearms. 15 They chased after two (2) motorcycles and a maroon/red Mercedes Benz van that passed by their place. After 30 minutes, Salazar messaged Leandro, who replied that he had turned over the motorcycle riders to the police station. He later asked in a text message if Salazar was in her house, and if Mayor Ambagan had arrived. As soon as she received the message, she saw Mayor Ambagan's green Isuzu Big Horn Trooper in front of her house. Leandro also came. 16
Salazar further testified that after about 15 minutes, Mayor Ambagan was approached by Rene, one (1) of his companions, who said, "Nahuli si Berto." He was referring to Angcanan, a resident of Barangay Banay-banay. Over Rene's two-way radio, Salazar heard Angcanan say, "Hinuli kami ni Santos." Then, Leandro said, "Halika Mayor, puntahan na lang natin. Ayusin na lang natin." They boarded Mayor Ambagan's vehicle, with Leandro and Rene in the back seat. Mayor Ambagan told Salazar that they were going to Barangay Tamacan. Around midnight, 10 to 15 minutes after they had left her house, Salazar heard a gunshot followed by successive gunshots. She said that gunfire was not unusual in the area. 17
Before she went to sleep, a concerned Salazar messaged Leandro, but he did not reply. At 4:00 a.m., she was roused from sleep by a text message from Leandro's phone number saying, "Putang ina ninyo, patay na ang daddy ko." The message, which Salazar knew was from Leandro's son, was how she learned of Leandro's death. A barangay member also informed her that both SPO2 Santos and Domingo Bawalan had been shot. When she went to the area of the incident, she saw only blood on the street. After she learned that Rene and Jamon had also died, Salazar went to Leandro's place and spoke to his widow. 18 DETACa
Lervin Causaren (Lervin), Leandro's son, testified that at around 8:00 p.m. on July 4, 2004, he was watching television with his father when Mayor Ambagan called, asking Leandro to go to Salazar's place following a threat to her life. While Leandro got ready, he asked Lervin to prepare his M-14, 9 mm service pistol, and .45 caliber pistol, and to tell Roger to accompany him to Salazar's house. Leandro and Roger left on an Isuzu Highlander. Lervin did not notice if Roger carried a firearm at that time, but he would sometimes see him carrying a .45 caliber pistol. 19
In the early morning of July 5, 2004, Lervin was awakened by his uncle Bering who, without saying why, asked that he go with him to the boundary of Banay-banay and Tamacan. Upon arrival, Lervin learned that there had been a shooting incident. He forced himself into a crowd of onlookers and saw his dead father's body. Lervin tried to approach the body, but the police stopped him. His uncle handed him the cell phone recovered from Leandro's body. Lervin then got in touch with Salazar, after being unable to reach Mayor Ambagan. 20
When he arrived at the funeral home where his father's body was brought, Lervin saw the bodies of SPO2 Santos, his godfather, and Domingo Bawalan, his father's cousin. The next day, Lervin gave a statement to the Police Headquarters in Imus, Cavite. 21
Donato T. Malimban (Malimban), a police officer and officer-in-charge of the Amadeo Police Station Patrol Section at the time of the incident, testified that at around 10:00 p.m. on July 4, 2004, the police conducted a "police visibility" inspection in Barangay Tamacan. On their way back to the Amadeo Police Station, they stopped at the Banay-banay barangay hall. The Deputy Station Commander, Special Police Officer 4 Apolinario Bay, spoke with Leandro, who was carrying an M14 with bandolier and accompanied by two (2) people. Civilians were also present, one (1) of them carrying an M16 rifle, the other a Garand rifle. 22
On July 5, 2004, Malimban was at the Amadeo Police Station when they received a call reporting trouble in Barangay Tamacan. After the incident was recorded in the police blotter, Malimban and four (4) other police officers proceeded there. On their way, they saw two (2) of Mayor Ambagan's vans coming from the opposite direction. 23
Malimban's group arrived in 10 minutes. They cordoned off the area and checked for signs of life from the five (5) bodies on the road. When they saw that Rene was still moving, the police officers took him to the hospital.
Cabillo's group and the Scene of the Crime Operation team arrived. Then, the group of Roberto Soriano (Soriano), Chief of the Provincial Intelligence and Investigation Branch of the Cavite Provincial Police Office then, arrived. 24
At the scene, they saw SPO2 Santos's van and the car of a police officer, Victorino J. Patam (Patam), parked on the opposite side of the road. The latter's car engines were still running with front doors open and headlights on. The Scene of the Crime Operations team recovered more than 20 empty M16 and .45 caliber pistol shells, and turned them over to the Provincial Headquarters. The only firearm at the scene was SPO2 Santos's M16 rifle located in his vehicle. 25
Roger D. Delgado (Delgado), a forensic examiner and Scene of the Crime Operations team leader, assisted at the crime scene with Special Police Officer 1 Guillermo L. Poblete (SPO1 Poblete), a laboratory technician at the PNP Crime Laboratory in Cavite. 26 He testified that when they arrived, the area had already been cordoned and secured by a member of the Police Provincial Mobile Group, headed by Cabillo, who was with other police officers. 27
At the crime scene, Delgado and SPO1 Poblete found the 5.56 M16 rifle in SPO2 Santos's van, seven (7) fired .45 cartridge cases, and 14 fired 5.56 M16 cartridge cases. Upon examination, they found that the fired 5.56 M16 cartridges at the scene did not come from the firearm found inside SPO2 Santos' van. Moreover, the recovered fired .45 caliber cartridge cases came from two (2) pistols of the same caliber. Aside from the cartridges they recovered were cartridges recovered by members of the team that first responded to the crime scene. Thus, they concluded that at least four (4) armalites and two (2) .45 caliber pistols had been used in the shootout. 28
Soriano testified that at 3:00 a.m. on July 5, 2004, he was tasked to assist the Amadeo Chief of Police to investigate the shooting incident in Barangay Tamacan. 29 He noted that the Scene of the Crime Operations team had already removed the bodies, and that the Amadeo police had taken some of the evidence. He instructed the Chief of the Amadeo Police Station to continue investigating, and requested to test the bodies for paraffin and submit found evidence for ballistic examination. 30 He added that his office would look for witnesses and other evidence on its own. 31
During his investigation, Soriano invited Mayor Ambagan and his men to his office. They underwent paraffin tests. Soriano evaluated the evidence he had thus far, and looked for more witnesses. 32 aDSIHc
Soriano learned that Rene had standing arrest warrants issued by the Regional Trial Court of Cavite, Branch 33, and the Municipal Trial Court of General Trias. 33
Three (3) days after the incident, Soriano returned to the crime scene. He saw that three (3) or four (4) houses were on the left portion of the road going to Amadeo, one (1) of which was Melencio Javier (Javier)'s house. Beside it was a concrete wall, about eight (8) to 10 feet long. Behind the house, where Mayor Ambagan allegedly escaped with two others, was a coffee plantation that appeared difficult to navigate. 34
Soriano spoke with SPO2 Santos's widow, who informed him of someone who could shed light on what had happened, but who was afraid for his life. Soriano testified that she had been referring to Ronnel Bawalan (Ronnel), the brother of Domingo Bawalan, who gave a statement once he was assured of protection. 35
Ronnel testified that after midnight on July 5, 2004, he parked his passenger jeep in his garage and prepared it for next day. He was about to sleep when, at around 1:00 a.m., SPO2 Santos and Domingo Bawalan entered his garage. They asked if they could hire Ronnel's jeep the following day, to which he agreed, and guided them from the garage to the road. While outside answering the call of nature, he saw less than 100 meters away SPO2 Santos and Domingo Bawalan park the van and alight from their vehicle. He also saw Patam's car parked behind SPO2 Santos's vehicle. He crossed the road and walked toward them. In front of SPO2 Santos's vehicle, there was a van with four (4) men. When he was near, he heard SPO2 Santos say: "D[i]yan lang kayo, [']wag kayong aalis." Upon hearing this, Ronnel asked Domingo Bawalan why SPO2 Santos was asking these men to get out of the van. Domingo Bawalan said that they were carrying firearms. 36
While Ronnel and Domingo Bawalan were standing at the right front side of the parked van, Ronnel heard a sound of a radio from the four (4) men accosted by SPO2 Santos. SPO2 Santos made a call in the middle of the road. Then, Mayor Ambagan arrived with bodyguards carrying long firearms, and told SPO2 Santos that they should talk out whatever the problem was. 37
SPO2 Santos told Ronnel to leave the place as it was dangerous, and a pushed him away. Ronnel walked a few meters south and hid, flat on his belly behind the bushes at an old poultry house entrance, around 10 to 15 meters away from SPO2 Santos. He heard SPO2 Santos tell Mayor Ambagan, "Hintayin na lang natin si GD at sa kanya ka na lang makiusap." Mayor Ambagan repeatedly asked that they should just settle the problem, but SPO2 Santos refused. His voice became loud and angry after SPO2 Santos repeatedly refused to settle the matter. Patam was then an arm's length between SPO2 Santos and Mayor Ambagan. 38
Ronnel then heard Mayor Ambagan say, "Sige [']yan pala ang gusto mo. Mga kasama banatan na ninyo [']yan." He then heard gunfire from Rene. Mayor Ambagan's men, including Roger, Garcia, and Malabanan, were spread along the road, firing their guns at SPO2 Santos and Domingo Bawalan. The gunshots lasted around five (5) minutes. Then, Ronnel saw Mayor Ambagan's men board their vehicles and leave in the direction of Amadeo, after taking the guns from SPO2 Santos and Domingo Bawalan. Ronnel rushed home and told his parents that his brother had just been killed. They proceeded to the shooting incident after the police officers had arrived. 39
On July 27, 2004, Ronnel executed a Salaysay on the incident. He did not execute it immediately because he feared for his and his family's lives. 40
Patam, the police officer whose car Ronnel testified to having seen parked behind SPO2 Santos's vehicle, testified that at 1:00 a.m. on July 4, 2004, he and Domingo Bawalan went to Barangay Litlit, Silang, Cavite to attend a birthday party. At around 5:00 p.m., they went to Edgardo Mamuyac (Mamuyac) to attend his son's birthday party. They left at 11:00 p.m. 41
As they reached Barangay Biclatan, General Trias, Cavite, Patam received a call from SPO2 Santos, who said that he arrived late at Mamuyac's house since he had come from a follow-up operation in Maragondon. Mamuyac's house was already closed, so SPO2 Santos asked Patam to return there for company.
When they arrived, Patam and Domingo Bawalan saw SPO2 Santos in front of his Space Gear van. After chatting, Patam suggested that they go home. Domingo Bawalan and SPO2 Santos left ahead in the latter's vehicle, while Patam drove his own car. 42
When Patam reached the boundary of Tamacan and Banay-banay, he saw SPO2 Santos's van parked behind another van, while Ronnel stood at the gate, looking at the vehicles. 43 ETHIDa
Patam said that he parked behind SPO2 Santos's van and stepped out of his car. SPO2 Santos handed him a baby armalite which he said was from Mayor Ambagan's men. Patam placed it on the driver's seat of his car before returning to SPO2 Santos, who directed the four (4) apprehended men to line up on the other side of the street. He also ordered two (2) of them to put their short firearms down and to step away from them. He approached the firearms without touching them, and called Cabillo to report what had happened. 44
While SPO2 Santos was on the call, somebody called out to Patam, "Kuya Toring." Patam recognized the man as Angcanan. Patam instructed them to stay put, as they would helped once Cabillo had come. A few minutes later, Mayor Ambagan arrived. 45
Patam approached Mayor Ambagan to greet him. Mayor Ambagan greeted him back and asked who was on the other side. Patam answered that it was SPO2 Santos. Mayor Ambagan then told SPO2 Santos, "Rey, baka pwede namang pag-usapan natin [']yan kung anuman [']yang problema." SPO2 Santos replied, "Mayor, wala na hong desisyon akong magagawa dito. Intayin n[']yo na si GD. Siya na lang ang kakausapin ninyo." Patam said that as the conversation went on, it heated up. Thus, he asked Mayor Ambagan, who was cursing at SPO2 Santos, to go to the house of Patam's cousin, Javier. 46
Patam was still pushing Mayor Ambagan to Javier's house when he heard a gunshot from where they had been. However, he did not see anything when he looked back. Mayor Ambagan and Patam both wanted to return and check their men, so Patam left Mayor Ambagan with Angcanan and Rosendo. However, Patam came to his brother's house instead of returning to the scene, as his gun had fallen. When Patam arrived at his brother's house, he saw three (3) men with long firearms. Two (2) of them were positioned behind and one (1) was in front of the MB100 van. All of them were firing toward the area where he had left SPO2 Santos. When he reached his brother's place, Patam asked his niece to call the police. His mother and brother prevented him from leaving the house, afraid that he might be a suspect in the killing. Fearing for his life, Patam called the General Trias Chief of Police, Chief Inspector Portento, to fetch him. 47
The prosecution also presented Dr. Roy A. Camarillo (Dr. Camarillo), who performed a post-mortem and autopsy examination on the bodies of SPO2 Santos, Domingo Bawalan, and Leandro. 48
Dr. Camarillo found that Domingo Bawalan had a gunshot wound each on the head, abdomen, right arm, and forearm, for a total of four (4) fatal wounds. He noted that the wounds on his arm were sufficient to cause massive bleeding, which would result to cardiorespiratory failure. He found that based on the sizes of the gunshot wounds' entry and exit points, the head wound was caused by a high-powered firearm, whereas the abdomen wound was caused by a short type of firearm. The wounds on Domingo Bawalan's right arm and forearm were similar to those on his head. Thus, having been shot from short and long firearms, Domingo Bawalan appeared to have had more than one (1) assailant. The absence of gunpowder burns on his body indicated that he was shot from a distance of more than two (2) feet. 49
As for SPO2 Santos, Dr. Camarillo found three (3) gunshot wounds on his head, four (4) on his chest, two (2) on his abdomen, three (3) on his back, one (1) on his right arm, and four (4) on his right thigh. The head, abdomen, and back wounds were deemed fatal. He noted that the wounds appeared to have been caused by short and long firearms, and concluded that there must have been more than one (1) assailant standing more than two (2) feet away from SPO2 Santos when they fired at him. 50
Dr. Camarillo found one (1) gunshot wound on Leandro's body, on the lumbar region of his back, which was fatal. 51
The defense presented several of the accused as witnesses.
Roger testified that around the time of the incident, Leandro, his uncle, came to his house informing him that Salazar called Mayor Ambagan about an impending robbery. Roger was a volunteer-member of a ronda, a team composed of a barangay captain, council members, and police, formed to patrol the area due to robberies. He did not carry a gun during the ronda. 52
At around 8:00 p.m., in front of Salazar's house, Roger, Leandro, Villasis, Malabanan, Garcia, Flor, Salazar, and the barangay kagawads were talking when two (2) suspicious-looking motorcycles passed by them. They got on a barangay patrol owner-type jeep and an MB100 van, and chased the motorcycles. At around 10:30 p.m. in Barangay Loma, Amadeo, they apprehended the motorcycle riders by blocking their path with a car, and brought them to the Amadeo Police Station. Roger, Villasis, Malabanan, Garcia, and Flor stayed outside while Leandro accompanied the apprehended men inside the station. They left sometime between 11:00 p.m. and midnight. 53 cSEDTC
Roger went straight to Mayor Ambagan's nipa hut in Barangay Banga, where he watched television until he fell asleep. At 4:00 a.m., Roger was roused from sleep by Mayor Ambagan's helpers, who told him that the Mayor was at a shooting incident in Barangay Tamacan. Mayor Ambagan told Roger to stay at the nipa hut, and said that they were being invited to an investigation at the Provincial Headquarters in Imus. Roger, however, said that he did not go with Mayor Ambagan to the investigation, since he was not involved in the shooting incident. 54
Garcia testified that at around 7:00 to 7:30 p.m. on July 4, 2004, he went to Flor, his uncle, and invited him to see a relative in Barangay 4, Amadeo. After Flor took a bath, they rode in Flor's owner-type jeep. 55
Garcia and Flor passed through Barangay Banay-banay on their way, where they met Leandro's group at Salazar's place. They were having coffee when two (2) motorcycles passed by at high speed. After chasing the motorcycles in the MB100 van and Leandro's owner-type jeep, they were able to block motorcycles' path and apprehend one (1) of them. Leandro drove the apprehended motorcycle to the police station, while its rider rode in the MB100 van. 56
Leandro and Malabanan brought the apprehended motorcycle rider inside the police station, while the rest of the group stayed outside. At around midnight, they all went home. Garcia and Flor did not proceed to Barangay 4 as it was late, so they returned home to Barangay Alingaro, General Trias, which was around seven (7) kilometers away from the police station, and parted ways. Garcia only learned of the shootout the next day. 57
Garcia also testified that his parents were Mayor Ambagan's allies when he was elected in 2004. Garcia was part of his campaign group. 58
Garcia said that he did not know why he was implicated in the case. 59
Angcanan, then a member of Mayor Ambagan's Civil Security Unit during the incident, testified that at 8:00 p.m. on July 4, 2004, he went to his sister's house in Barangay Tamacan due to robbery threats. 60
Sometime between 11:00 p.m. and midnight, Angcanan saw Mayor Ambagan's MB100 van stopped on the west side of the road. He went outside and saw Bayot, Loyola, and Jamon seated in the van. There, he saw a Space Gear van and a Toyota Corolla park behind the MB100 van. SPO2 Santos and Domingo Bawalan alighted from the Space Gear van. He said that a drunk SPO2 Santos, wearing slippers, short pants, and sando, carried a .45 caliber pistol. Domingo Bawalan, wearing pants and slippers, carried a long firearm. They pointed their guns at the MB100 van and ordered its occupants to alight and line up on the other side of the street. The Toyota Corolla was owned by Patam. 61
Angcanan spoke to SPO2 Santos, with whom he was acquainted, who got mad and told him to "call your mayor[."] Using his hand-held Motorola radio, Angcanan called Mayor Ambagan's close-in security, Rene. Mayor Ambagan arrived at the scene around five (5) minutes later, and parked his vehicle behind Patam's car. 62
Angcanan further testified that Mayor Ambagan calmly told SPO2 Santos, "Rey, kung ano man ang problema, ayusin na lang natin ito." They spoke in the middle of the street, between the two (2) vans, which were two (2) meters apart. SPO2 Santos and Domingo Bawalan were pointing their guns at Mayor Ambagan when SPO2 Santos said that they should wait for SPO2 Santos's officers. Patam told SPO2 Santos to just settle the problem but the latter ignored him. Rene attempted in vain to grab the gun of SPO2 Santos, who then shot him. 63
After Angcanan saw Rene fall, he, Loyola, and Patam led Mayor Ambagan to his sister's house on the left side of the road going to Amadeo. At that point, Angcanan heard several gunshots. They pulled Mayor Ambagan further and went through the backdoor to a coffee plantation. As they walked through a small road to the highway, Mayor Ambagan called for a vehicle. After walking for about a kilometer, they reached the road where a jeep was waiting. They went to the house of Mayor Ambagan's father in the Poblacion of Amadeo and rested. There, they learned that five (5) men had died at the shooting incident, including Leandro, Rene, and Jamon. Mayor Ambagan called the Imus Provincial Director of the Philippine National Police, and they all proceeded to the Provincial Headquarters to give their statements. 64 SDAaTC
Angcanan testified that he did not see Ronnel during the incident. He did not notice anyone when he left his sister's house to check on the MB100 van. Further, it was SPO2 Santos who fired the first gun shot, not Rene. 65
Loyola, a member of Mayor Ambagan's security during the incident, testified that sometime between midnight and early morning of July 5, 2004, he, Bayot, and Jamon rode Mayor Ambagan's MB100 van from Amadeo to the boundary of Banay-banay and Tamacan. Upon Mayor Ambagan's order, they conducted a ronda with Angcanan because of a robbery incident, and stopped in Tamacan. While talking in the van, a speeding vehicle coming from General Trias stopped behind them, followed by another car. SPO2 Santos and Domingo Bawalan alighted from the first vehicle. The former wore short pants, white sando, and slippers, and carried a .45 caliber pistol; the latter carried a long firearm with a long magazine. 66
Loyola further testified that SPO2 Santos and Domingo Bawalan ordered his group to alight from the van, and with their guns pointed at them, said, "Huwag kayong kikilos, mga pulis kami at marami kami." The group did not have any firearms. After being told to line up on the other side of the road, SPO2 Santos asked Jamon where Mayor Ambagan was. When Jamon replied that Mayor Ambagan was not with them, SPO2 Santos ordered him to call the mayor. 67
Mayor Ambagan arrived after a few minutes with Rene and Leandro. He asked SPO2 Santos if they could just settle the matter, since the group was just acting for the good of the municipality. SPO2 Santos responded that Mayor Ambagan should talk to a certain "JD," 68 whom Mayor Ambagan claimed to not know. As they talked, SPO2 Santos was pacing back and forth, at times making calls, and raising and waiving his phone. Domingo Bawalan was looking at the group, holding his firearm. 69
Loyola further testified that Rene then approached SPO2 Santos and grappled with him. He heard a gunshot and saw Rene fall face-first. He, Angcanan, and Patam brought Mayor Ambagan to Javier's house for protection. Once there, they heard gunshots, so they exited at the back of the house and walked toward the road. They rode a jeep to Amadeo town proper. 70
Loyola denied seeing anyone else at the shooting incident. 71
Mayor Ambagan testified that their area had been victimized by robbery and theft incidents from the last week of June to the first week of July of 2004, and that the Angcanan family was among the victims. Thus, at a meeting with the local police, barangay captains, the committee on peace and order, and the chiefs of the barangay tanods, they decided to form a ronda team to patrol the municipality and maintain peace and order. 72
In the afternoon of July 4, 2004, Mayor Ambagan received a text message forwarded from Salazar saying, "Humanda kayo. May mangyari sa inyo mamayang gabi." Over the phone, he told Salazar that he would be sending the ronda to her barangay. He said that he would return later after bringing his fiancée to Manila. 73
Mayor Ambagan went straight to Salazar from Manila, then to the police station, where he was told that the policemen and the ronda were there to turn in a motorcycle rider whom they had apprehended. He was informed that the motorcycle owner had been freed, as there was no basis to conclude that he was a suspected robber. Mayor Ambagan returned to Salazar's house. At around 11:30 p.m., while talking to the officials of Barangay Banay-banay, Mayor Ambagan received a radio call from Angcanan, through Rene, informing him that SPO2 Santos was harassing Angcanan's group. Mayor Ambagan was calling the police when Rene called asking him to go there to fix things. 74
Mayor Ambagan went to the boundary of Banay-banay and Tamacan with his driver, Ariel A. Mendoza (Mendoza), Malabanan, and Leandro. There, he saw his MB100 van on the road's left side with two (2) cars behind it. On the other side, SPO2 Santos, wearing a sando and short pants, was pointing a gun at Angcanan, Loyola, Bayot, and Jamon. Domingo, in t-shirt and jeans, was standing beside the car holding a long firearm. Both appeared drunk. 75
Mayor Ambagan told his driver to park far from the area, and Malabanan and Leandro to stay in the vehicle. When Mayor Ambagan alighted, Patam approached him and apologized for the altercation. Mayor Ambagan asked SPO2 Santos to settle the issue, saying they were all trying to solve the robbery problem, and pleaded that he put down his gun. SPO2 Santos continued pointing his gun at Angcanan's group, waived his cell phone, and said that Mayor Ambagan should speak to a certain GD. Mayor Ambagan continued pleading as they await the Amadeo police, when SPO2 Santos approached and pointed his gun at him. Then, Rene grappled with SPO2 Santos. Mayor Ambagan heard a gunshot and saw Rene fall. Angcanan, Patam, and Loyola ushered Mayor Ambagan to Javier's house while he shouted that Rene should be brought to the hospital. He heard a series of gunshots, and called the police. 76
Once the gunshots had stopped, Mayor Ambagan heard vehicles outside leaving. They exited Javier's house through a backdoor, then Mayor Ambagan called his house for a ride. They were later picked up in Barangay Banay-banay. When they got home, Mayor Ambagan called Provincial Director Colonel Rosales (Rosales). At the latter's office, Angcanan, Bayot, and Loyola were investigated separately and underwent paraffin tests. Mayor Ambagan did not know what happened to Mendoza, who had left the Isuzu Trooper in front of his house. 77 acEHCD
Mendoza, who was driving for Mayor Ambagan during the incident, testified that on July 4, 2004, he, Mayor Ambagan, and Rene went from Manila to the Amadeo Police Station due to a reported robbery in Barangay Banay-banay. There, they met Leandro and Malabanan, and, went to Salazar's place together. 78
They arrived in Barangay Tamacan at around midnight, where he parked the Isuzu Trooper on the left side of the road facing Barangay Banay-banay, around five (5) lamp posts from the boundary of Banay-banay and Tamacan. He saw three (3) vehicles already parked in the vicinity. Mayor Ambagan alighted to speak with someone, and ordered the rest to remain in the vehicle. Despite the order, Leandro and Rene followed Mayor Ambagan, leaving Mendoza and Malabanan. Soon after, Mendoza heard gunshots. Mendoza and Malabanan stayed put and waited until the firing stopped before leaving. They saw dead bodies on the street. Afterwards, they went to the police station and proceeded to the house of Mayor Ambagan's parents. 79
Mendoza testified that during the incident, he did not see anyone pass by or walk to his direction. 80
Bayot was among Mayor Ambagan's drivers during the incident. He testified that he was in Mayor Ambagan's MB100 van with Loyola and Jamon. He saw Angcanan come out of a house on the left side of the road and parked the van on the opposite side. Behind the van were two (2) vehicles parked from which Bayot saw SPO2 Santos and Domingo Bawalan alight. A drunk SPO2 Santos, in slippers, maong pants, and sando, held a .45 caliber gun. Domingo Bawalan, in pants, slippers, sando, and a cap turned backwards, held a long firearm. They pointed their guns at Bayot's group and ordered them to get out, with SPO2 Santos poking his gun at Bayot. 81
In fear, the group followed SPO2 Santos's order. Angcanan called Mayor Ambagan over the radio while Jamon called him on a phone. Around 15 to 20 minutes later, Mayor Ambagan arrived with Leandro and Rene. SPO2 Santos pointed his gun at Mayor Ambagan, while Domingo Bawalan directed his gun at the group. Mayor Ambagan requested that SPO2 Santos settle the matter, however the latter, drunk as he was, did not reply. 82
With his gun still trained on Mayor Ambagan, SPO2 Santos made a phone call. Patam told Mayor Ambagan to keep calm, to which the mayor replied, "Pare, ayusin na lang natin eto." A heated argument ensued when Mayor Ambagan asked SPO2 Santos to put down his gun. Rene attempted to grab SPO2 Santos' gun, but failed. Bayot, after hearing a gunshot and seeing Rene fall, dropped to the ground by the van's left side and covered his head. He heard more gunshots, and Jamon fell to the ground around three (3) meters from him. He did not know who shot Jamon. 83
Bayot stayed put until police officers arrived. Then, he took the MB100 van to meet Mayor Ambagan and the rest at the mayor's house. They reported the incident to the Provincial Headquarters of the Philippine National Police, then proceeded to the Imus Philippine National Police Headquarters, where he first heard that Leandro died.
Garcia's mother-in-law, Ester D. Amparo, testified that she saw Garcia alone after closing her sari-sari store. He appeared normal. 84
As rebuttal, the prosecution presented an expert witness, Reynaldo D. De Guzman (De Guzman), Chief of the Philippine National Police Firearms and Identification Division since 1994. He testified to a cross-matching examination on the fired cartridge cases with the recorded standards of the firearms of Mayor Ambagan, Malabanan, Roger, Rene, and SPO2 Santos. 85
De Guzman's office found that five (5) of the seven (7) .45 empty shells recovered from the crime scene had the same characteristics of the test standards of the .45 Norinco pistol with Serial No. 1102410 of Malabanan. The remaining two (2) specimens were fired from a different .45 caliber firearm, but there was no basis to link them to any of the guns. 86
De Guzman's office also examined 28 5.56 mm cartridge cases and one (1) deformed fired bullet, but there was no standard test to compare them for cross-matching. 87 SDHTEC
After considering the evidence presented, the Sandiganbayan summarized the facts:
In the evening of July 4, 2004, before the shooting incident happened, [Roger, Malabanan, Garcia, Flor, Villasis], and the deceased [Leandro], were at the place of [Salazar] in Banay-banay, Amadeo, Cavite, to address a robbery threat to the barangay. When two [2] suspicious speeding motorcycles passed by, they all dashed to catch them. Leandro drove the MB100 van, Villasis the barangay patrol owner-type jeep, and Flor, his owner-type jeep.
Hours later, [Mayor Ambagan] went to Salazar's place. Not long enough (sic), Leandro followed him after purportedly having turned over to the police station one [1] of the two [2] motorcycles they had chased earlier.
Meanwhile, the victim [SPO2 Santos] coming from a police operation in Maragondon, Cavite, went to [Mamuyac]'s house. Since Mamuyac was already asleep, [SPO2] Santos called [Patam] who was with the victim Domingo Bawalan, for company. After a little chat outside Mamuyac's house, at past 11:00 in the evening, the three [3] decided to go home. Domingo [Bawalan] rode with [SPO2] Santos in the latter's Space Gear van, while Patam drove his Toyota Corolla car. [SPO2] Santos went ahead of Patam, although both took the southern direction going to Barangay Tamacan.
When [SPO2] Santos and Domingo [Bawalan] reached the boundary of Tamacan and Banay-banay (after passing by the latter's parents' house and having a short talk with [Ronnel]), they came across an MB100 van owned by Mayor Ambagan, parked at the right side of the road facing south (Poblacion of Amadeo). [SPO2] Santos positioned and parked his vehicle at the back of the MB100 van, and as soon as he ha[d] alighted, ordered the four [4] men armed with long and short firearms to get out from the van and line up at the other side (left) of the street. These men turned out to be [Angcanan, Loyola, Bayot], and the deceased [Jamon].
[SPO2] Santos called Superintendent Cabillo, referred to as "GD[,"] to inform him of the situation. Cabillo said that he was coming. On the other hand, Angcanan called Mayor Ambagan, through [Rene], over the two [2]-way radio saying that [SPO2] Santos apprehended him and his companions. Thereupon, Mayor Ambagan, Leandro, and Rene boarded the Mayor's Isuzu Trooper and headed to Tamacan where the group of Angcanan was.
When Mayor Ambagan arrived at the place of the incident, he approached [SPO2] Santos and requested the latter that they just settle whatever the problem was. But [SPO2] Santos replied that the Mayor should just wait for GD. While [SPO2] Santos and Mayor Ambagan were talking, [Rene] went near [SPO2] Santos. Mayor Ambagan repeatedly made the same request, but [SPO2] Santos stood pat and rejected the Mayor's requests. Mayor Ambagan then got angry and said: "Sige [']yan pala ang gusto mo. Mga kasama[,] banatan na ninyo iyan." Thereupon, the first gunshot was fired, followed by successive gunshots from the men of Mayor Ambagan, namely, [Malabanan, Garcia, and Roger]. The shooting incident which lasted for about five [5] minutes left five [5] men dead — Leandro, Rene, Jamon, [SPO2] Santos, and Domingo [Bawalan]. The first three [3] were from the group of Mayor Ambagan.
Of the five [5] fatalities, only the bodies of [SPO2] Santos, Domingo [Bawalan], and Leandro were subjected to post-mortem and autopsy examination. [SPO2] Santos sustained sixteen (16) gunshot wounds caused by both short and long firearms. Domingo [Bawalan] had four (4) gunshot wounds, also from both short and long firearms. Leandro had only one (1) gunshot wound.
Except for the M-16 rifle with Serial No. 160187 and M203 grenade launcher with Serial No. 168421 issued to [SPO2] Santos, no other firearms were found at the scene of the crime. Chemistry Report No. C-171-04 of the Regional Crime Laboratory Office CALABARZON showed that the rifle and the launcher were positive of gunpowder nitrates. On the other hand, the paraffin tests of all accused yielded negative for gunpowder nitrates result.
Likewise recovered from the crime scene were seven (7) .45 caliber fired cartridges (RSS-1 to RSS-7), fourteen (14) 5.56 mm fired cartridge cases (RSS-8 to RSS-21), another fourteen (14) 5.56 mm fired cartridge cases (A-1 to A-10, B-1, B-2, C-1[,] and E-1, and one (1) deformed lead fired bullet (D-1). Laboratory examination of the National Headquarters Philippine National Police in Camp Crame, Quezon City, revealed the following results:
1. RSS-1, RSS-2, RSS-4, RSS-5, and RSS-7 (Group A) were fired from the same .45 caliber gun, while RSS-3, (sic) and RSS-6 (Group B) were fired from the same .45 caliber gun, but different from the gun that fired Group A;
2. A-1 to A-10 (Group C) were fired from the same 5.56 mm A1M16 rifle, while B-1, B-2, B-2, (sic) C-1[,] and E-1 (Group D) were fired from the same 5.56 mm A1M16 rifle, but different from the rifle that fired Group C;
3. Group C were not fired from the same 5.56 mm A1M16 rifle as RSS-8 to RSS-21;
4. RSS-8, RSS-11, RSS-12, RSS-14, and RSS-15 (group E) were fired from the same 5.56 mm A1M16 rifle, while RSS-9, RSS-10, RSS-13, RSS-16, and RSS-17 (Group F) were fired from the same 5.56 mm A1M16 rifle, but different from the rifle that fired Group E;
5. Group D were fired from the same 5.56 mm A1M16 rifle as Group F; AScHCD
6. Neither of these empty shells of 5.53 mm A1M16 were fired from the M-16 rifle issued to [SPO2] Santos; and
7. D-1 had no basis for examination.
The seven (7) .45 caliber fired cartridges were further subjected to a cross-matching examination at the Firearms and Identification Division, in [Philippine National Police], Camp Crame. Just like the earlier findings of the National Headquarters, the division also found that the five (5) empty shells in Group A were fired from one [1] and the same .45 caliber pistol. Upon cross-matching, these fired cartridges were traced to the .45 Norinco pistol with Serial No. 1102410 licensed to [Malabanan]. 88 (Citation omitted)
In its June 21, 2012 Decision, 89 the Sandiganbayan found the elements of homicide present, and convicted Roger, Garcia, and Malabanan. The dispositive portion read:
WHEREFORE, in light of all the foregoing, judgment is hereby rendered, as follows:
1. In Criminal Case No. 28259, accused [MAYOR AMBAGAN], and accused [MALABANAN, GARCIA, and ROGER] are found GUILTY beyond reasonable doubt of Homicide for the death of [SPO2] Santos, the first as principal by inducement, and the rest as principal by direct participation, and are sentenced to suffer the indeterminate penalty of Six (6) Years and One (1) Day of Prision Mayor as minimum, to Twelve (12) [Y]ears and One (1) Day of Reclusion Temporal as maximum.
Further, the said accused are hereby ordered to pay jointly and severally, the heirs of [SPO2] Santos, the following damages:
(a) The sum of P50,000.00 as civil indemnity;
(b) The sum of P787,875.00 as reimbursement for the burial and funeral expenses;
(c) The sum of P1,647,979.32 as compensatory damages; and
(d) The sum of P50,000.00 as moral damages.
2. In Criminal Case No. 28260, accused [MAYOR AMBAGAN, MALABANAN, GARCIA, and ROGER] are found GUILTY beyond reasonable doubt of Homicide for the death of Domingo Bawalan, the first as principal by inducement, and the rest as principal by direct participation, and are hereby sentenced to suffer the indeterminate penalty of Six (6) Years and One (1) Day of Prision Mayor as minimum, to Twelve (12) [Y]ears and One (1) Day of Reclusion Temporal as maximum.
Further, they are ordered to pay jointly and severally, the heirs of Domingo Bawalan, the following:
a. The sum of P50,000.00 as civil indemnity;
b. The sum of P40,000.00 as actual damages;
c. The sum of P50,000.00 as moral damages;
Finally, in Criminal Case No. 28259 and No. 28260, an interest of six percent (6%) per annum shall be applied to all the award of damages from the finality of judgment until fully paid.
3. In Criminal Case No. 28259 and No. 28260, accused [ANGCANAN, LOYOLA, BAYOT, FLOR, and ROSENDO] are hereby ACQUITTED, for failure of the prosecution to prove their guilt beyond reasonable doubt.
Considering that the act or omission from which the civil liability might arise did not exist, no civil liability is assessed against the said accused.
The hold departure order issued against them by reason of these cases are hereby LIFTED and SET ASIDE, and their bonds RELEASED.
SO ORDERED. 90 (Emphasis in the original) AcICHD
Separate Motions for Reconsideration were filed, mainly assailing witness Ronnel's credibility and the admissibility of certain documentary evidence alleged to be mere photocopies. The Sandiganbayan denied the Motions, explaining at length why Ronnel was a credible witness. 91
Thus, this Petition was filed. 92
Petitioners mainly assail Ronnel's credibility as witness. They point out that his testimony of having seen Rene fire at the victims is contravened by the prosecution's own evidence as Rene's body tested negative for the presence of gun powder. Further, assuming Ronnel made an honest mistake in saying that he saw Rene fire first, he could also have erred when he implicated petitioners, who claim they were absent during the incident. Moreover, Ronnel testified that he was looking at his brother and his cousin. Petitioners argue that, as a result, he could not have seen a specific perpetrator of the shooting incident. 93
As for petitioner Malabanan, petitioners assert that the evidence linking him to the offenses is a mere photocopy of a Certification, which indicates that he was the licensed holder of Pistol Norinco Caliber .45 with Serial Number 1102410, a firearm used during the incident. 94 Only De Guzman testified on the Certification, which would have proven that the firearm was registered to petitioner Malabanan. Moreover, his signature does not appear on the document itself. Petitioners argue that this renders the Certification as hearsay, 95 and violates the best evidence rule. Petitioners made a timely objection to the offer of the Certification in its written objection to the formal offer, and thus, made no waiver on its admissibility. 96
In its Comment, 97 respondent maintains that Ronnel is a credible witness who was present during the incident. 98 Petitioners' alibis do not hold out against Ronnel's assertion that he saw petitioners fire at the victims. 99 Further, respondent claims that it was not physically impossible for petitioner Malabanan to have been present during the commission of the crime, notwithstanding his allegation. 100 Whether Ronnel erred in his account that Rene fired a shot is unimportant, as it has no bearing on whether petitioners fired shots at the victims. 101 Respondents also argue that the documentary evidence presented are not hearsay, and do not violate the best evidence rule. 102
The Petition is denied.
This Court shall not disturb the factual findings of the trial court, unless there are facts or circumstances on the record whose weight or influence has been overlooked, or whose significance may have been misinterpreted. 103 It is settled that the trial court is best equipped to assess the evidence presented, including the witnesses' credibility. In People v. Castel: 104
Findings of facts and assessment of credibility of witnesses are matters best left to the trial court. What militates against the claim of appellant is the time-honored rule that the findings of facts and assessment of credibility of witnesses are matters best left to the trial court. The trial court has the unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying, which opportunity is denied to the appellate courts. Only the trial judge can observe the furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath — all of which are useful aids for an accurate determination of a witness'[s] honesty and sincerity.
Unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, the trial court's assessment must be respected, for it had the opportunity to observe the conduct and demeanor of the witnesses while testifying and to detect if they were lying. 105 (Emphasis in the original, citations omitted)
The Petition assails the Sandiganbayan's appreciation of Ronnel's testimony and documentary evidence presented to show that petitioner Malabanan is the owner of a .45 caliber Norinco linked to the killing. TAIaHE
Assuming that the documentary evidence is inadmissible, Ronnel testified to petitioner Malabanan's participation. The Sandiganbayan considered the circumstances at the crime scene and explained why it found Ronnel's testimony on petitioner Malabanan believable:
The Court has reason to believe that Ronnel's sight was unobstructed from where he was hiding, to be able to see the incident. He was at a distance of about 10 to 15 meters. Although there was no light at his mark, the shooting took place at about [three (3)]-arms-length from the nearest lamp post. It is also well to note that the headlights of [SPO2] Santos'[s] van and Patam's car were on. Moreover, Ronnel stated that the place where he hid was higher than the road. The Municipality of Amadeo is one [1] of those towns in Cavite at high altitude. 106 (Citations omitted)
Further, the Sandiganbayan noted that the genuineness of his testimony is supported by Soriano's testimony:
That indeed Ronnel was an eyewitness to the occurrence was further corroborated by the testimony of [Soriano] who went back to the crime scene three [3] days after the incident, and was able to talk to Editha, the widow of [SPO2] Santos. Soriano testified that Editha intimated to him about someone (who turned out to be Ronnel) who wanted to shed light concerning the incident, but was afraid to talk, for fear of his life. This goes to show that Ronnel's testimony did not come as an afterthought or was fabricated just because it was given only after the rest of the witnesses had already executed their statements. From the very start, Ronnel already wanted to talk, but he was overtaken by fear. In his testimony, Ronnel said that after the incident, he stopped driving his passenger jeepney because he was afraid that what happened to his brother would also happen to him and his family. He was scared of what Mayor Ambagan would do to them. According to Soriano, Ronnel only came in the open after he was assured of protection. Ronnel's apprehension is real than merely imagined (sic). The person involved is the Mayor of Amadeo, the Municipality where Ronnel lived. Such position is often associated with power, influence[,] and armed security men. In fact, as testified by Salazar, the Mayor's men were carrying firearms when they went to her house. These are sufficient explanations to erase doubts on the testimony of Ronnel created by his late revelation. Delay or vacillation in reporting a crime, if sufficiently explained, does not impair the credibility of witnesses and their testimony nor destroy its probative value. Delay of a witness in revealing to the authorities what he knows about a crime does not render his testimony false, for the delay may be explained by the natural reticence of most people and their abhorrence to get involved in a criminal case. And, the natural reluctance of witnesses to volunteer information to the police authorities in criminal cases is consistent with normal behavior and is a matter of judicial notice. 107 (Citations omitted)
The Sandiganbayan explained why it found that certain inconsistencies did not militate against the truthfulness of Ronnel's entire testimony:
In Malabanan, et al.'s Memorandum, the accused ascribed to some part of Ronnel's testimony that militates against his assertion that he saw [Rene], Villasis, [Malabanan, Garcia, and Roger] attack, assault[,] or shoot the victims. The portions referred to by Malabanan, et al., are hereunder quoted:
Direct
Q: From your position, can you tell us whether or not you can see what was happening during those shooting incident?
A: Yes[,] Ma'am.
Q: And can you tell us what did you see, if any?
A: I saw them fired shots at Kuya Rey and Kuya Ingo, Ma'am.
Q: When you mentioned "them[,"] who are you referring to that were firing shots toward Reynaldo Santos and Domingo Bawalan?
A: There were several men but could not point specifically who were firing, Ma'am.
Q: When you said, "mga tauhan[,"] who were you referring to?
A: Rene Amparo, Domingo Villasis, Michael Malabanan, Ely Garcia[,] and Roger Causaren.
Cross
Justice Peralta
xxx xxx xxx
Q: When Rene Amparo fired his gun, Mr. Rey Santos likewise fired his gun?
A: Yes, Your Honor.
Q: You do not know who fired their guns?
A: Yes, Your Honor.
Q: Except that what you saw is that Rene Amparo fired his gun at Mr. Rey Santos, Mr. Rey Santos likewise fired his gun and then all of a sudden you heard gun fire.
A: Yes, Your Honor. cDHAES
At first blush, the observation in Malabanan, et al.'s memorandum is sensible. But a deeper analysis of Ronnel's whole testimony, along with the other pieces of evidence on record, impels the Court to give weight to his account. Along this line, the Court takes guidance from the hornbook doctrine that the testimony of a witness must be considered in its entirety and not merely on its truncated parts. The technique in deciphering a testimony is not to consider only its isolated parts and anchor a conclusion on the basis of said parts. In ascertaining the facts established by witnesses, everything stated by them on direct, cross, and redirect examinations must be calibrated and considered. It must be stressed in this regard that facts imperfectly or erroneously stated in an answer to one [1] question may be supplied or explained as qualified by the answer to other question or questions. The principle falsus in uno, falsus in omnibus is not strictly applied to this jurisdiction. . . .
xxx xxx xxx
As Ronnel put it, Mayor Ambagan arrived with many bodyguards, armed with long firearms. Among these men (tauhan) were Malabanan, [Villasis, Garcia, Leandro, Rene, and Roger]. The rest were not recognized by Ronnel. These bodyguards were spread along the road, firing their guns at the direction of [SPO2] Santos and Domingo Bawalan. It is understandable that Ronnel could not "specifically" point who were firing, because there were some bodyguards whom he did not recognize. The fact that there were some gunmen Ronnel failed to identify does not negate that Malabanan, Garcia[,] and [Roger] were among those who fired at [SPO2] Santos and Domingo Bawalan. At this point, it is worthy to emphasize that among the empty cartridges retrieved from the crime scene came from a Norinco pistol licensed to Malabanan.
The aforecited (sic) testimony of Ronnel on cross-examination should not be taken in isolation. Ronnel may not have accurately portrayed the exchange of shots between [SPO2] Santos and Rene per se. However, it cannot be denied that in his other declarations, he was categorical too, that the bodyguards of Mayor Ambagan fired shots. These seemingly inconsistent statements are reconcilable, if Ronnel's testimony is viewed as a whole. He saw [SPO2] Santos and Rene fired (sic) at each other, and successive firings happened from the companions of Mayor Ambagan, although, Ronnel could not specifically name them all. For one, he did not know some of the bodyguards. For another, it is impossible for him to describe in detail who fired who in succession, because there were many gunmen involved, and the interval between gunfire was just a matter of seconds.
It is of no moment that Ronnel's allegation that Rene fired first at [SPO2] Santos may be disproved with the paraffin test result, showing that [SPO2] Santos was positive of gunpowder nitrates while Rene was found negative. Immaterial too is the argument that Ronnel was not consistent as to when he actually learned of the death of the victims, other than [SPO2] Santos and Domingo [Bawalan]. If Ronnel failed to accurately testify on this part, his other testimony worthy of belief cannot, nonetheless, be excluded. Even assuming that [SPO2] Santos shot Rene first, it should be noted that the evidence cannot belie that [SPO2] Santos and Domingo [Bawalan] both died from the gunfire of Malabanan, Roger, Garcia, and other unrecognized men of Mayor Ambagan.
xxx xxx xxx
. . . The portions of the testimony/Sinumpaang Salaysay of Ronnel quoted by the accused Mayor even strongly support Ronnel's claim that he could not have been seen by Loyola's group who were disarmed by [SPO2] Santos, as well as the Mayor and his men when they arrived from the southern direction. It was established that the [MB100] van where Loyola's group [was] accosted was parked at the right side of the road facing south. [SPO2] Santos'[s] Space Gear van was parked behind the [MB100] van, also facing south. Patam's Toyota Corolla was parked behind the Space Gear van. Loyola and his companions were ordered by [SPO2] Santos to line up on the opposite side of the road where the three [3] vehicles were parked. Loyola and his group were on the left side of the three [3] parked vehicles. And Ronnel was at the front right side of the parked van. Indeed, to the question, "And during those times, where were you and Inggo standing?" Ronnel answered, "At the front right side of the parked van." This means that the vision of Loyola[,] et al., was blocked by the van. They could not really see Ronnel who was at the "front right side of the parked van[."] Ronnel was consistent in his claim when in his July 27, 2004 Sinumpaang Salaysay (also quoted in accused [Mayor] Ambagan's memorandum), he said: "Hindi ko po sila nakaharap kasi hindi naman ako lumapit sa kinatatayuan nila dahil sa may tagiliran gawing kanan noong nakaparadang mga sasakyan ako nagdaan kaya sa palagay ko ay hindi nila ako nakita. Natatabingan noong van ni Kuya Rey ang kinatatayuan ko habang kausap ko si Kuya Inggo."
In the same token, when the Mayor and his men arrived, they could not have seen Ronnel because they walked from the southern direction going northward where [SPO2] Santos and the [MB100 van] and the two other vehicles were parked. Their vision of Ronnel was also blocked by the [MB100] van parked in front of [SPO2] Santos'[s] Space Gear van, and the Space Gear van itself. Ronnel's path did not cross that of the Mayor when he hid upon the Mayor's arrival because the Mayor and his men were walking in the middle of the road, while Ronnel hid in the bushes at the right side of the van. Note that Ronnel was not directly in front of [SPO2] Santos'[s] van, but at the right side portion. In fact, when Ronnel was made to point out at his sketch . . . his exact position, he referred to that location at the right side of the van that could have probably covered him. ASEcHI
The small road near the poultry house was not that far from the parked vehicles. On the other hand, the Mayor's Isuzu Trooper was parked about five [5] to six [6] lamp posts to where the Mayor proceeded. If the distance between two [2] lamp posts is about 20 meters, then the Trooper was parked approximately 60 meters from where Ronnel was when the Mayor arrived. At this distance, and considering that the Mayor and his men came from the opposite side (left) of the road, it is not improbable that Ronnel could have sneaked his way to the callejon without being seen, especially if the attention of the approaching men were not directed to the right side. It is most natural that the attention would be directed towards the middle and left side of the parked vehicles, because it was where [SPO2] Santos, Patam, and the apprehended men were, than the right side where the vehicles were parked. In addition, Ronnel must have hurried and was cautious when he proceeded to the callejon. After all, if he wanted to hide, then, he must ensure he would not be noticed.
Ronnel's relationship to the victims, [SPO2] Santos and Domingo [Bawalan], does not diminish the worth of his testimony. As it has been consistently held, mere relationship of a witness to a party, without more, cannot impair the witness'[s] credibility. On the contrary, a witness'[s] relationship to a victim of a crime would even make his or her testimony more credible as it would be unnatural for a relative who is interested in vindicating the crime to accuse thereof somebody other than the real culprit. It is settled that in the absence of a showing of improper motive on the part of the witnesses, their testimonies are not affected by their relationship with the victim and must be accorded full faith and credit. Here, there was no rift or strained relationship between Ronnel's family and all the accused prior to the shooting incident that would lead to suspect Ronnel's motive in implicating the accused. In the absence of ulterior intent to falsely testify against the accused, it cannot be gainsaid that Ronnel was only prompted to give justice to his kinsmen.
It may be noted that Ronnel's actuations after witnessing the killing may be atypical to an observer. After the shooting, Ronnel hurriedly went home, simply passing through the body of his brother without checking if his brother was still alive. Although he told his parents about the shootout, they waited for the police officers to arrive at the crime scene before ascertaining the condition of his brother. Be it remembered though, that different people act differently to a given stimulus or type of situation, and there is no standard form of behavioral response when one is confronted with a strange or startling or frightful experience. One's credibility cannot be attacked simply by saying that he should not have acted the way he did. People react differently to a situation. The innate differences in man make each one unique by himself. Man's actions and reactions cannot be stereotyped. Certainly, a shooting scenario unfolding before his very eyes, involving his brother at that, was a frightful experience for Ronnel. If he chose to run, instead of ascertaining if his brother was still breathing, he could neither be faulted for it, nor would it render his declarations sham. Ronnel categorically said that he did so for fear that there might be other assailants left in the area.
Evidence, to be believed, must not only proceed from the mouth of a credible witness, but it must be credible in itself — such as the common experience and observation of mankind can approve as probable under the circumstances. Not only is Ronnel a credible witness, his testimony likewise does not bear the earmarks of falsehood. Contrary to the defense's assertion, the Court is of the considered view that Ronnel must have heard Mayor Ambagan utter[,] "Sige [']yan pala ang gusto mo. Mga kasama[,] banatan na ninyo [']yan." When the Mayor said this, Ronnel was hiding at the entrance of an old poultry house about 10 to 15 meters where [SPO2] Santos was standing, and [SPO2] Santos and the Mayor were near each other. Although the engines of [SPO2] Santos'[s] van and Patam's car were running, these were not enough to block Ronnel's hearing. Aside from the proximity of Ronnel to the Mayor, consider that it was already between 12:00 and 1:00 in the morning. The surrounding was very quiet, there were no outside noise distractions, because the people were already asleep. It would also appear that at that moment, the conversation was centered only between [SPO2] Santos and the Mayor, and there was yet no commotion, such that it was not hard for Ronnel to distinguish Mayor Ambagan's voice. In fact, Ronnel was familiar with the Mayor's voice that he could recognize it from (sic) among the voices of [10] people without seeing the Mayor. Moreover, the preceding scenario is suggestive that Mayor Ambagan must have said the words aloud. The situation heated up when [SPO2] Santos many times turned down Mayor Ambagan's requests to resolve the matter at that instance. This prompted Patam to usher the Mayor inside Javier's house. The Court is not inclined to believe Ambagan's statement that he was not irritated or angry when [SPO2] Santos declined his request. Otherwise, there was no reason for Patam to assess that the situation was heating up, so he led the Mayor to Javier's house. ITAaHc
The Court is not convinced that Ambagan could not have made such utterance, because Patam, who was with the Mayor at that moment, had not mentioned about it in his testimony. Patam testified that when he was pushing Mayor Ambagan to Javier's house, the Mayor was shouting invectives at [SPO2] Santos. Distinctly, Patam remembered the Mayor telling [SPO2] Santos, "Ang hirap mong kausap." This was followed by more statements, but Patam could no longer understand them. It is of common knowledge that the nearness of the speaker to the hearer is not necessarily determinant of what the speaker actually said or did not say. In other words, whatever Patam had heard does not exclude what Ronnel had perceived, simply because Patam was nearer to Mayor Ambagan. A hearer's perception of a speaker's utterance is affected by other factors, such as the hearer's attention and understanding or interpretation about what has been said. At that time, Ronnel was differently situated from Patam. While Ronnel was simply a spectator waiting for what was going to happen next, Patam was in a more involved stance, being into the situation himself. He was foreseeing possible trouble which to his mind needed to be contained. In fact, Patam decided to bring the Mayor to Javier's house when he sensed that the awkward situation was heating up. Faced with these concerns, it was not unlikely that Patam may have missed the other words of Mayor Ambagan. On the other hand, Patam's testimony about Mayor Ambagan's remarks only corroborates Ronnel's testimony, rather than discredit it. Infuriated with [SPO2] Santos'[s] refusal to accommodate his requests, Mayor Ambagan bellowed unsavory words to him. His tirade supports the possibility that he directed his men to fire at [SPO2] Santos. This was validated when gunfire ensued shortly after his command. That command induced Garcia and [Roger] to shoot [SPO2] Santos and Domingo Bawalan.
xxx xxx xxx
Ronnel emphatically said that he saw Malabanan, Roger, and Garcia fire at the direction of [SPO2] Santos and his brother Domingo Bawalan. The Court has reason to believe that Ronnel's sight was unobstructed from where he was hiding, to be able to see the incident. He was at a distance of about 10 to 15 meters. Although there was no light at his mark, the shooting took place at about [three (3)]-arms-length from the nearest lamp post. It is also well to note that the headlights of [SPO2] Santos'[s] van and Patam's car were on. Moreover, Ronnel stated that the place where he hid was higher than the road. The Municipality of Amadeo is one [1] of those towns in Cavite at high altitude. Ronnel's testimony was supported by Soriano, who twice visited and inspected the place where Ronnel hid. 108 (Citations omitted)
In its October 31, 2012 Resolution, 109 the Sandiganbayan denied petitioners' Motion for Reconsideration, and reiterated why it found Ronnel's testimony convincing:
[Ronnel] does not appear to be a coached, rehearsed, or planted witness, as accused-movants tried to impress. His account of the incident from its inception to its consummation was clear and candid, and withstood a rigorous cross[-]examination. His testimony jived with the chain of events and the circumstances surrounding the incident. From the entire testimony of Ronnel, it is hard to believe that his answers were merely products of practice. For even if Ronnel executed his affidavit only 22 days after the other witnesses had executed theirs, thereby paving the possibility that his statements were crafted to refute the affidavits of the others, he could not have given his July 27, 2004 Salaysay badges of truth when he testified on it before the Court. He would have faltered and would have been incoherent. But the Court did not sense any discordance and confusion in any of the material points of his testimony that would render him and his testimony incredible. 110
Further, the Sandiganbayan noted that while petitioner Malabanan did not testify, Mayor Ambagan's driver, Mendoza, testified that petitioner Malabanan stayed with him in the van during the shooting. 111 It found that Mendoza's testimony places petitioner Malabanan just a stone's throw away from the crime scene. It further noted that petitioner Malabanan did not categorically deny ownership of the .45 Norinco pistol mentioned in the Certification, which was used in the crime. 112 Considering Mendoza's testimony, and that five (5) of the seven (7) fired cartridges found at the crime scene were traced to the pistol in petitioner Malabanan's name, 113 his participation in the crime is consistent with the evidence on record.
The Sandiganbayan also noted that petitioners Roger's and Garcia's alibis also do not pass the test of physical impossibility: CHTAIc
The presence of Roger and Garcia at the scene of the incident was not physically impossible too. Both were only in the Municipality of Amadeo when the crime happened. Notably, shortly before the shooting incident, Roger and Garcia were in fact still together with their co-accused Malabanan and Flor, and one [1] of the victims, Leandro, at the Amadeo [P]olice [S]tation. The police station was only seven [7] to eight [8] kilometers, or about [eight] 8-minute travel, from the crime scene. According to Roger, he left the police station at almost midnight, consistent with Garcia's testimony.
The idea that Roger and Garcia were with Mayor Ambagan at the place of incident is supported by the time element and the chain of events that transpired prior to the crime. Earlier, Roger and Garcia, with Malabanan, [Flor], and [Leandro], were gathered in Salazar's place. That meeting was attended by the ronda team of which Garcia was a part of (sic). From Salazar's place, they all went together to the police station to turn over an apprehended motorcycle rider. It is more probable that they all went back together to the house of Salazar, because Mayor Ambagan was expected to be there too. The Mayor had previously informed Salazar that [he] was coming to her place, and Leandro, who was yet at the police station, inquired from Salazar if the Mayor had already arrived. There was no reason offered why Roger and Garcia had to go home ahead of the Mayor. But there is basis to think otherwise. It must be considered that Roger appears to be Mayor Ambagan's trusted follower, and Roger even said that he proceeded to the Mayor's place, from the police station. As to Garcia, he was one [1] of Mayor Ambagan's close-in security, and a member of the ronda team, at that. The Mayor came to the house of Salazar purposely to deal with Salazar's report on a robbery threat to her barangay. 114
The Sandiganbayan thoroughly considered the evidence presented, and provided a very nuanced explanation for its findings of fact. Petitioners have not shown facts of substance and value that were overlooked by the Sandiganbayan. Thus, this Court finds no reason to disturb the Sandiganbayan's factual determinations and assessment of the witnesses' credibility.
All told, there is no cogent reason to reverse the Sandiganbayan's appreciation of evidence in this case.
WHEREFORE, premises considered, this Court resolves to DENY the Petition for failure to show that the Sandiganbayan committed any reversible error in the assailed Decision. cHDAIS
SO ORDERED." (Peralta, J., no part, due to his prior participation in the Sandiganbayan; Del Castillo, J., designated additional Member per Raffle dated November 19, 2018.) (Hernando, J., on wellness leave.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 5-27.
2.Id. at 28-110. The Decision was penned by Associate Justice Efren N. de la Cruz and concurred in by Associate Justices Rodolfo A. Ponferrada and Rafael R. Lagos of the First Division of the Sandiganbayan.
3.Id. at 111-131. The Resolution was penned by Associate Justice Efren N. de la Cruz and concurred in by Associate Justices Rodolfo A. Ponferrada and Rafael R. Lagos of the First Division of the Sandiganbayan.
4.Id. at 107-108.
5.Id. at 29.
6.Id. at 29-30.
7.Id. at 31.
8.Id. at 30.
9.Id. at 31-56.
10.Id. at 31-32.
11.Id. at 32.
12.Id. at 32-33.
13.Id. at 33.
14.Id. at 34.
15.Id. at 34-35.
16.Id. at 35.
17.Id. at 35-36.
18.Id. at 36.
19.Id. at 37.
20.Id.
21.Id. at 38.
22.Id. at 43.
23.Id. at 43-44.
24.Id. at 44 and 54.
25.Id. at 44.
26.Id. at 45.
27.Id. at 47.
28.Id. at 48-49.
29.Id. at 54.
30.Id.
31.Id. at 55.
32.Id.
33.Id. at 56.
34.Id. at 55.
35.Id. at 55-56.
36.Id. at 41.
37.Id. at 41-42.
38.Id. at 42.
39.Id. at 41-42.
40.Id. at 43.
41.Id. at 38.
42.Id.
43.Id. at 39.
44.Id.
45.Id.
46. Id. at 39-40.
47. Id. at 40-41.
48. Id. at 49.
49. Id. at 50.
50. Id. at 51.
51. Id.
52. Id. at 58.
53. Id. at 58-59.
54. Id. at 59.
55. Id.
56. Id. at 59-60.
57. Id. at 60.
58. Id.
59. Id.
60. Id. at 61.
61. Id.
62. Id. at 61-62.
63. Id. at 62.
64. Id. at 62-63.
65. Id. at 63.
66. Id. at 63-64.
67. Id. at 64.
68. Id.
69. Id.
70. Id. at 64-65.
71. Id. at 65.
72. Id. at 68.
73. Id. at 69.
74. Id. at 69.
75. Id. at 69-70.
76. Id. at 70.
77. Id. at 71.
78. Id. at 67.
79. Id. at 67-68.
80. Id. at 68.
81. Id. at 65.
82. Id. at 65-66.
83. Id. at 66.
84. Id. at 60.
85. Id. at 72-74.
86. Id. at 74-75.
87. Id. at 75.
88. Id. at 75-79.
89. Id. at 28-110.
90. Id. at 107-109.
91. Id. at 119.
92. Id. at 5-27.
93. Id. at 17-18.
94. Id. at 19-20.
95. Id. at 22.
96. Id. at 22-23.
97. Id. at 169-177.
98. Id. at 170.
99. Id. at 171.
100. Id.
101. Id. at 173.
102. Id. at 173-175.
103. People v. Sarmiento, 118 Phil. 266 (1963) [Per J. Barrera, En Banc]; United States v. Ambrosio and Falsario, 17 Phil. 295 (1910) [Per J. Moreland, First Division].
104. 593 Phil. 288 (2008) [Per J. Reyes, R.T., En Banc].
105. Id. at 315-316.
106. Rollo, p. 96.
107. Id. at 83-84.
108. Id. at 84-96.
109. Id. at 111-131.
110. Id. at 119.
111. Id. at 97.
112. Id. at 130.
113. Id. at 98.
114. Id. at 100-101.