1

FIRST DIVISION

G.R. No. 121039-45. January 25, 1999]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAYOR ANTONIO L. SANCHEZ,
GEORGE MEDIALDEA, ZIOLO AMA, BALDWIN BRION, LUIS CORCOLON,
ROGELIO CORCOLON, and PEPITO KAWIT, accused-appellants.
D E C I S I O N
MARTINEZ, J .:
. . . a plot seemingly hatched in hell . . .
This was how Judge Harriet O. Demetriou
[1]
of the Pasig City Regional Trial Court, Branch 70, in
her 132-page Decision dated March 11, 1995 now before us on review, emphatically described the Allan
Gomez-Eileen Sarmenta rape-slay that drew strong condemnation from an outraged populace in the
middle of 1993. After a protracted and grueling 16-month trial, she found all those charged therewith,
namely: Calauan Mayor Antonio Sanchez (hereafter the Mayor), George Medialdea, Luis and Rogelio
Corcolon, Zoilo Ama, Baldwin Brion and Pepito Kawit (appellants herein), guilty beyond reasonable
doubt of the crime of rape with homicide on seven counts and sentenced each one of them:
. . . to suffer the maximum penalty of reclusion perpetua for each of the seven offenses or a total of seven
reclusion perpetua for each accused. In addition, the Court hereby orders all the accused to jointly and
severally pay the victims respective families the following sums by way of civil indemnity:
1. the sum of P3,432,650.00 representing the actual damages sustained by the Sarmenta
family;
2. the sum of P3,484,000.00 representing the actual damages sustained by the Gomez
family;
3. the sum of P2,000,000.00 as moral damages sustained by the Sarmenta family;
4. the sum of P2,000,000.00 as moral damages sustained by the Gomez family;
5. the sum of P191,000.00 as attorneys fees and litigation expenses incurred by the
Gomez family; and
6. the sum of P164,250.00 for litigation expenses incurred by the Sarmenta family.
As to the antecedents, appellants all appear to agree that the trial court, in the very words of
counsel
[2]
who prepared the consolidated brief for the Mayor and Medialdea, made a very detailed
summary of both the prosecution and defense evidence.
[3]
This Court can thus conveniently provide a
briefer but fairly accurate account of the respective versions of the State and the defense on the basis of
the trial courts summary, rather than combing the heap of evidence presented by both sides.
The prosecutions version of the events on that horrible night of June 28, 1993 was based mainly on
the recollections of its star witnesses Aurelio Centeno and Vicencio Malabanan (a member of appellant
Sanchez security team) co-conspirators turned state witnesses. Both admitted having taken part in the
abduction of Eileen and Allan, but denied any personal involvement in the rape of Eileen and the twin
killings that followed. Heres their story.
Medialdea (then the Deputy Chief of the PNP Calauan), together with Centeno who was driving an
ambulance, fetched witness Malabanan at his residence in the early morning of June 28, 1993 on the
pretext that they will apprehend one Rodolfo Calva alias Tisoy a notorious gun runner and drug
pusher in the locality. Next to be picked up was Ama in Barangay Masiit, then Luis Corcolon (hereafter,
Luis) in Barangay Mabacan. On board the ambulance, the five (5) men made stopovers in Barangays
Imok and Wawa until they headed back for Calauan at past 7:00 oclock in the evening, upon orders of
Luis.
At the Shell gas station in the poblacion of Calauan, the five (5) men met and picked up Rogelio
Corcolon (hereafter, Boy), Kawit and Brion, then they proceeded to Los Baos. Along the way, Luis
announced to the group that the real purpose behind the Los Baos trip is to take a pretty young lass long
desired by the Mayor and offer her to him as a gift. Luis, to satisfy his companions curiosity, even
guaranteed that her beauty will make their saliva drip.
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Not for long, the ambulance arrived at the U.P. Los Baos grounds. Witness Centeno drove the
ambulance around the campus at a snails pace while Luis scoured the area with watchful eyes. As the
search inside the campus proved fruitless, Luis then ordered Centeno to slowly drive out of the university
compound and to stop upon reaching the vicinity of the Agrix complex. Luis, Boy, Ama, Brion and
Kawit alighted from the ambulance and went inside the Agrix complex. Witness Centeno overheard
Medialdea informing the Boss, via the radio, that they were already in the area. The Boss was the
Mayor.
Inside the Agrix complex is a restaurant called Caf Amalia. Parked in front of that establishment
was a Tamaraw van. Eileen and Allan were its passengers, both occupying the front seats. She was
wearing a T-shirt, white shorts and rubber shoes. Armed with guns, Luis and Boy approached Eileen and
Allan, forcibly took the two and loaded them at the back of the van. All the appellants boarded the van
while Centeno and Malabanan stayed in the ambulance. Both vehicles then headed for Erais Farm
situated in Barangay Curba, owned by the Mayor.
As soon as the group arrived at the farm, the two (2) captives were brought down the van. Eileen
was gagged by a handkerchief and her hands, like Allan, were tied. A white towel was wound around
Allans mouth. The Mayor, then wearing a jogging attire, emerged from the resthouse and asked the
group: My children, whats the problem? To this Luis respondent: Mayor, this is our gift to you, the
girl youve been longing for. Shes really beautiful. But whos that man? asked the Mayor. Eileens
companion, boss. Medialdea replied. We brought him along to avoid complications, he continued.
The two youngsters were then brought inside the resthouse where Eileen was taken to the Mayors
room. Allan was badly beaten up by Luis, Boy, Ama and Medialdea and thereafter thrown out of the
resthouse. Kawit followed-up by striking Allans diaphragm with the butt of an armalite, causing Allan
to fall against a cement box. Brion thought Allan was already dead, but Kawit said: :His death will
come later.
Meanwhile, Centeno, while waiting for further orders, joined the Mayors personal aides Edwin
Cosico and Raul Alorico watch television at the adjacent resthouse. Alorico told Centeno that the Mayor
had been eagerly waiting for the group and worried that they will not arrive.
At around 1:00 a.m. of the next day, a crying Eileen was dragged out of the resthouse by Luis and
Medialdea her hair disheveled, mouth covered by a handkerchief, hands still tied and stripped of her
shorts. The Mayor, clad merely in white polo, appeared and thanked Luis and Medialdea for the
gift. I am through with her. Shes all yours, the Mayor uttered in contentment. When asked what
will happen to Allan, Medialdea assured the Mayor that they will also kill him for full measure. Eileen
and Allan were then loaded in the Tamaraw van by the appellants and headed for Calauan, followed
closely by the ambulance.
En route to Calauan, Centeno, who was driving the ambulance, noticed the van swaying from side to
side. Then he heard gunfire coming therefrom. The van pulled over whereupon Kawit dragged Allan,
whose head was already drenched in blood, out of the vehicle onto the road and finished him off with a
single gunshot from his armalite. The ambulance and van then sped away.
The next destination was a sugarcane field in Sitio Paputok, Kilometro 74 of Barangay Mabacan. It
was here that Luis announced that its tiime for the group to feast on Eileen (the exact words of Luis were
Turbohin na rin natin ang tinurbo ni Boss). She was laid at the back of the van, with her hands and
legs being held by the appellants while waiting for their turn. Then the gang-rape began. The first to
ravish Eileen was Luis, then Medialdea, Boy, Ama, Brion and finally, Kawit. Bewailing the helplessness
of her situation, Eileen pleaded, in between sobs and whimpers, for the torture to stop. However, her
tears for compassion fell, weak and ineffective, upon the insensitive brutes. Kawit invited Centeno to join
the sexual fiasco but the latter refused as he cannot, in conscience, bear the bestiality being committed on
Eileen who appeared to be dead. After Kawits turn, Eileen knelt on the seat of the van and begged for
her life. Unmoved, Luis muted Eileens cried by forcing an object into her mouth and then fired his baby
armalite at her. Centeno was thereafter ordered to get rid of Eileens dead body. Moments later, all eight
(8) men boarded the ambulance and proceeded to Calauan, leaving the Tamaraw van with Eileens
remains behind. Along the way, Centeno and Malabanan watched in dismay as Luis, Boy, Medialdea,
Ama, Brion and Kawit savored the nights escapade, to their sickening delight. Appellants and
Malabanan were then brought to their respective homes by Centeno.
June 29, 1993 and the day following were tense moments for the group. In the morning of June 29,
Medialdea and Centeno fetched Malabanan, Luis and Ama. They were going to Barangay Imok to make
it appear that they were conducting some police operations in that area. Upon reaching Barangay Imok,
the group saw Allans body which they dumped a few hours earlier. Luis, Medialdea and Malabanan
alighted from the ambulance, whereupon Luis ordered Centeno to drive back to the municipal hall.
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Boy Corcolon, who was at the municipal hall, informed Ama that a dead female loaded inside a
Tamaraw van was found in Barangay Mabacan. Ama then radioed the PNP Chief of Calauan, Major
Cao, who at that time was summoned by the Mayor. Major Cano thereafter arrived and ordered one
SPO2 Melencio Nuez to investigate the matter. Meanwhile, Centeno received word that he was to fetch
Malabanan, Luis and Medialdea in Barangay Imok. After picking up the three (3), Centeno drove the
ambulance to Barangay Mabacan where the dead Eileen was found.
Eileens body lying inside the Tamaraw van was a pitiful sight. Her face bore a gunshot wound; a
handkerchief was stuffed in her mouth; her T-shirt was rolled up revealing her breasts; and her panty was
rolled down on one of her feet still with rubber shoes on. Medialdea covered Eileens exposed private
parts by fixing her T-shirt and underwear and by placing a sackcloth over her lower body. The group then
escorted the van with Eileens body in it, to the UP Los Baos police station where student milled around
and identified the cadaver to be Eileen indeed. Later on, the van carrying Eileen, as well as Allans body,
was brought to the Calauan municipal hall. There, Centeno saw a prisoner named Arnold cleaning the
van.
Meanwhile, Malabanan, Ama and Medialdea, on June 29, went to the site (Bgy. Imok) where Allans
body was found, started asking residents about the incident and were able to retrieve an empty armalite
shell. Malabanan thereafter handed the empty shell to Major Cao at the police station. The three (3)
men and one SPO3 Rizaldy Belen, sometime in the afternoon of the same day, visited the Mayor at his
house in Bay, Laguna. Medialdea informed the Mayor of the presence of people from the CIS, NBI and
press in the locality. The Mayor flared up and blamed them for not using their heads. But he later on
assured them that he could fix the problem in less the amount of a brand new car.
The following day, June 30, Medialdea, upon the Mayors directive, handed a pair of white walking
shorts to Major Cao. When Malabanan asked Medialdea whose pair of shorts was that, the latter replied
that it was the short of Eileen which the Mayor wanted to be delivered to Major Cao.
That same day of June 30, Centeno went to see the Mayor at his house in Calauan about his worries
over reports that the driver of the ambulance involved in the rape-slay was being hunted down. The
Mayor gave Centeno P2,000.00 and advised him to keep silent or better yet, to go into hiding. Centeno
did hide himself until CIS agents accosted him at the Divisoria market on August 10, 1993. As to
Malabanan, he, Medialdea and Ama were brought to the PNP Sta. Cruz Command to shed light on the
cleaning of the Tamaraw van.
Coming now to the defense, each of the appellants had an alibi to tell and sought to put the blame on
Kit Alqueza, the son of a feared general (Dictador Alqueza) who earned the monicker Barako from the
local residents.
The Mayor claimed that he was at the residence of his mistress Elvira in Bay, Laguna in the
morning of June 28, 1993. They left for Makati City at about 1:00 oclock in the afternoon thereafter
proceeded to San Pablo City at around 4:00 p.m., left that city at 7:30 p.m. and then returned to Elviras
house in Bay at around 10:00 p.m. He and Elvira retired at around 12:30 in the morning. He woke up at
5:00 a.m. Jogging was his favorite form of exercise, but foul whether prevented him from running that
morning. His three (3) children with Elvira greeted him at around 6:30 a.m. before heading for
school. He took his breakfast and lunch at Elviras house.
Medialdea, Ama and Malabanan arrived between 1:00 p.m. and 2:00 p.m. and informed the Mayor
of the rape-slay in which Kit Alqueza was the prime suspect. This made the Mayor very angry, for which
he ordered a thorough investigation of the incident to avoid any whitewash. "I will not hesitate to have
the perpetrators of this crime killed (by electric chair), whether a generals son in involved or not, son of a
bitch!, he blurted. The Mayor then advised appellants not to worry if they were really innocent and that
the primordial concern is that a full investigation be conducted.
The Mayor then went to his residence in Calauan. At around 4:00 p.m. of that same day (June 29),
he sent his driver Mario Puyales to Barangays Masiit and Balayhangin to inquire from the residents about
the crime. Puyales returned at around 7:00 p.m. and informed the Mayor that a card gambler was able to
retrieve a pair of white shorts lying near the national highway in Barangay Balayhangin. Puyales was
sent back to that barangay to advise the residents thereof to keep the shorts at their fence near the highway
as it may later on aid the on-going investigation.
In the morning of June 30, 1993, the Mayor, with some companions, jogged towards the direction of
Barangay Mabacan and at the same time inquired from residents whether they noticed anything unusual
on the night of June 28, 1993. A certain Mang Torio told the Mayor that he found a pair of maong
pants lying at the side of the road but left if there. After inspecting the dirty maong pants, the Mayor
instructed Mang Torio to keep the pants as the former will send someone back to pick it up.
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Eventually, the Mayor got hold of the pairs of white shorts and maong pants. The shorts was
clean, with complete beltloops and without any tear. He then ordered his driver Puyales to send the
articles to Medialdea for safekeeping. But during the trial, the Mayor, when shown the shorts and pants,
claimed that they are quite different from the articles he got hold of previously. The maong pants
shown to him by Mang Torio was of a darker shade of blue. As to the white shorts, it was the same pair
he gave to Medialdea, but now it is torn and has some missing beltloops.
Based on his own investigation, the Mayor came to know that Kit Alqueza is a feared and dangerous
student of the university, being a member of an elite fraternity in the campus and a generals son at
that. The Mayor later informed Congressman Tingzon of Kits probable involvement in the
crime. Congressman Tingzon, in turn, disclosed that Kit, his nephew-in-law (the congressmans wife is
the sister of Gen. Alquezas wife), was hiding in his house and that the legislator will call Gen. Alqueza in
Davao City to discuss the matter.
The Mayor also testified that he closely coordinated with Major Cao in investigating the case. This
included frequent evening conferences with Malabanan, medialdea and Ama who were members of Major
Caos investigation team.
Subsequently, the Mayor was requested to facilitate the surrender of Luis and Boy Corcolon to Camp
Crame since the CIS suspected them of being involved in the crime together with Kit. The Corcolon
brothers, accompanied by the Mayor, peacefully surrendered to CIS operatives in the afternoon of July
12, 1993.
On August 10, 1993, the Mayor received an anonymous phone call advising him that he would better
leave the country because he was to be arrested in three (3) days time. He refused to heed the advice
because he had nothing to do with the crime. And so he was apprehended on August 13, 1993 at his
Calauan residence and brought to Camp Vicente Lim where he was presented to the media. There he saw
Centeno and Malabanan who did not greet him. General Salimbangon ordered the two (2) witnesses to
implicate the Mayor. The general then ordered that the Mayor be handcuffed as he is the rapist. You
son of a bitch, Salibangon. You framed me up, the Mayor cursed.
The Mayor denied having given Centeno advice and P2,000.00 pocket money on June 30, 1993. It
was only in the courtroom that he saw Centeno, although he knows the latter. The Mayor also denied
Malabanans testimony implicating him in the crime. In fact, Malabanan wrote him letters asking for his
help. The trial court noted, however, that the letter adverted to by the Mayor were all addressed to Judge
Baldo.
Appellant Medialdea was Calauan policeman until his summary dismissal on September 10,
1993. He claimed that he, being a member of a crack team formed by Major Cao and composed of
Malabanan, Luis and Ama, was preoccupied the whole day of June 28, 1993 conducting police operations
on board an ambulance in different barangays of the town in search of Tisoy. The fruitless operations
ended at about 9:00 p.m. of June 28. Driving the ambulance, he got home at around 10:30 p.m. where he
saw his wife playing mahjong with some friends. Medialdea joined the players for about an hour, then
he slept until 5:00 a.m. of the next day (June 29).
The crack team met again in the morning of June 29, 1993 to continue the manhunt for Tisoy. At
around 7:15 a.m. in Barangay Imok, they saw Tisoy speed by in a motorcycle. Medialdea and Luis
fired shots in the air but Tisoy managed to escape. Centeno was not present when this event transpired
because he was instructed to go to the municipal hall with the ambulance.
Upon hearing news over the radio that a dead body was found at Sitio Paputok, Km. 74, Barangay
Mabacan, Medialdea radioed Centeno to fetch the group at the fishpond of one Gani. As soon as Centeno
arrived at around 8:00 a.m., they proceeded to Km. 74 where they saw Eileens body inside the van
parked in the sugarcane field. Major Cao and several policemen were already there. Medialdea had to
pull down Eileens T-shirt and roll up her underwear to spare her from numerous kibitzers staring at her
naked body. He recovered several scattered items inside the van like cigarette packs, a paddle, spike
shoes, and 5 bottles of beer. The van was then driven by a certain Gener to the UP Los Baos escorted by
the ambulance and Major Caos police car.
Thereafter, at around 9:30 a.m., Medialdea, on Major Caos directive, went to the Gomez
residence and asked for Allan. The maid told him that Allan has not come home since the night before
and that she last saw him at around 6:30 p.m. with one Jet Tejada. As there was no other person inside
the house except the maid, Medialdea, with her permission, searched for Allan inside but to no
avail. Before leaving, he instructed the maid to tell Allan that he better make good his hiding because
Allan is a suspect in the crime. At the Tejada residence, Jet was neither there. So Medialdea proceeded
to the boarding house of Eileen and instructed the landlady to inform calmly Eileens parents on what had
happened to their daughter.
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Medialdea then returned to the UP Los Baos security force where he told Major Cao that Allan
had escaped. Before leaving UP campus to bring Eileens body to Calauan, Major Cao ordered
Medialdea to still look for Allan. When his efforts to find Allan inside the campus proved futile,
Medialdea sought the aid of Barangay Captain Cesar Ruiz who brought him to the barangay hall where
Jet Tejada was. Tejada strongly objected to Medialdeas insinuation of his and Allans participation in
the crime, saying that they can never do anything as dastardly as that.
Afterwards, a certain Allan, a barangay tanod, volunteered that he knew Allan. This Allan
opines that if Allan was dead then Kit had a hand on it since Allan had earned Kits ire when the former
began dating the latters girlfriend named Rose. Medialdea informed Major Cao that Allan perhaps has
gone to Manila with his father. The Major replied that Allan is here, but is likewise dead.
Ama then informed Major Cao that they have a suspect named Kit who had an axe to grind against
Allan. Then someone in the crowd uttered Ako iyon. Kit approached and told Ama that he and Allan
had patched up their differences three (3) months ago. Medialdea noticed a drop of blood on the middle
of Kits right thigh. Kit explained that the blood oozed after punching a wall with his right knuckle.
At the municipal hall, Ama handed an empty armalite shell recovered from the site where Allans
body was found. Thereafter, Arnold (the prisoner who was cleaning the van) was seen carrying the
rubber matting of the Tamaraw van to hang it over the municipal fence to dry. Ama could not help but
curse Arnold and ordered the latter to bring it back. Ama explained to Major Cao that they could be
dragged to the case just like what happened to the policeman in the Paraaque massacre who burned a
mosquito net and was thereafter sacked.
Medialdea also testified that it was Major Cao who ordered the cleaning of the van to diffuse the
stench caused by the blood stains therein.
Then on July 6, 1993, Medialdea, together with Ama and Malabanan, went to the PNP Sta. Cruz
Command to answer queries about the cleaning of the van. They were then brought to Canlubang where
they executed their respective sworn statements. Medialdea also recalled that Major Cao instructed
them not to say anything about the cleaning of the van. Afterwards, they were brought back to the PNP
Sta. Cruz and detained therein pending the filing of formal charges against them.
Major Cao visited Medialdea the next day, July 7. The major advised him that they should just
point to Malabanan as the one who cleaned the van. Medialdea did not heed his advice for he pitied
Malabanan and besides, it was Major Cao who really ordered its cleaning. The major then reiterated the
reason why he caused its cleaning (the unbearable stench of blood).
Days later, on July 16, 1993, Medialdea and Ama, together with Malabanan, were brought to the
Department of Justice where Fiscal Abesamis asked them to sign a waiver of their detention. On July 24,
1993, the three (3) men were led back to PNP Canlubang where Colonels Gualberto and Tiangco began
investigating then on July 27, 1993. During the investigation, Medialdea was being enticed by Col.
Gualberto to cooperate with the government by testifying against the Mayor, as there is an order from the
higher echelon to bring the Mayor down. He refused, saying that the Mayor is completely innocent
because he is pro-poor and the Mayor even walks the church aisle on his knees. Col. Gualberto
threatened that he will be dragged all the more to the case if he will not cooperate. Medialdea begged for
mercy and suggested that they should investigate Kit instead. The colonel said that messing up with Kit
is like ramming into a wall. Medialdea was then asked to sign a statement that contained inaccurate
answers. The inaccuracies were supplied by Col. Gualberto.
Medialdea also professed his ignorance before Col. Tiangco. This colonel was less diplomatic. He
splashed coffee on Medialdeas face, cursed him and whipped his face. So was Malabanan. The
investigators would hit then when they try to reason. Back to his cell, Medialdea heard Col. Tiangco
order somebody to have him killed in the evening.
On August 13, 1993, one Colonel Versoza advised Medialdea to follow Malabanan in testifying
against the Mayor. They will be placed under the Witness Protection Program where they would be
entitled to allowances, free housing facilities and the chance to go abroad with their families where they
can live peacefully, Col. Versoza assured them. Medialdea refused once again. Malabanan therafter
informed him that he and Centeno had already given false statements for they can no longer stand the
torture inflicted on them. But Medialdea stood pat with his refusal, for he cannot testify falsely against
his companions just to free himself. It is still better to live than to die a martyr, Malabanan answered.
We now to go appellant Luis Corcolons story which painted the Kit Alqueza angle in
greater detail. In the morning of June 25, 1993, three (3) men went to Luis residence in Barangay
Mabacan. They told Luis that their boss, Edgardo Lavadia alias Uod, wanted to see him the next
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day. Lavadia is a very generous friend of Luis for so many years who, as a professional forger of checks,
is being protected by General Alqueza.
Luis arrived at Lavadias house at around 2:00 p.m. of June 26. There he saw Kit and Lavadias
men. Lavadia requested him to abduct and kill Allan because the latter has done something wrong to
Kit. Luis asked what Allans fault was and then suggested that if its just a small squabble, they better
forgive Allan. Lavadia insisted, but Luis appeared hesitant since it might put him in big trouble. Lavadia
tempered his request by asking Luis to merely help in getting rid of the body. Luis agreed. He and
Lavadia were to meet again on June 28, 1993 in the Bay cockpit. After this, Luis left.
Luis was also a member of the team formed by Major Cao to hunt down Tisoy. At around 8:30
in the morning of June 28, 1993, he was fetched by Medialdea, Ama, Malabanan and proceeded to
Barangay Imok on board the ambulance driven by Centeno to apprehend Tisoy. At around 1:00 p.m.,
Luis left the group and went to Bay cockpit to meet Lavadia, as agreed upon the previous day. When he
arrived at the cockpit, only Lavadias men were there. Luis then asked one of the men to tell Lavadia that
he is backing out of the agreement. He first attended the derby being held at the cockpit before returning
to Barangay Imok at around 5:00 p.m. and re-joined the team. They left Barangay Imok at around 7:30
p.m. and proceeded to Barangay Wawa, San Pablo City where they stayed for about two (2) hours waiting
for Tisoy. Sensing that Tisoy would not be passing by, the team headed back for Calauan. Luis was
driven home first and reached his house at around 9:30 p.m. A certain Ernesto Bustillo was waiting for
him to borrow his passenger jeepney. Thereafter, Luis slept at around 10:30 p.m.
At around 4:45 a.m. of the next day (June 29) while Luis was preparing the breakfast of his children,
a Tamaraw van, driven by Kit, stopped in front of his house honking its horn continuously. Four (4)
motorcycle-riding men, each wearing bonnet masks and maong jackets, escorted the van. Kit sought
his help in burying at once the dead female body inside the van. Luis inspected the van and saw a naked
corpse of a woman. He refused Kits summons after which Luis immediately returned to his house,
turned off the lights and closed door for fear that Kits escorts would shoot him. The convoy then headed
towards the direction of Sitio Paputok, Km. 74.
At about 6:30 a.m., Luis, Centeno, Medialdea and Malabanan met and continued their surveillance of
Tisoy at Barangay Imok. They saw Tisoy pass by at around 7:10 a.m. but were not able to apprehend
him. The group thereafter went to Ganis fishpond at about 8:30 a.m. then proceeded to Km. 74 to verify
reports of a females death. There they saw the Tamaraw van with a dead woman inside. Luis
recognized the vehicle as that driven by Kit hours earlier, but he kept silent. The group then brought the
van to the UP Los Baos campus.
In the morning if June 30, 1993, Luis met the Mayor. The latter instructed him to investigate on who
dumped Eileens body at Km. 74. Luis obliged and said that he will make a report within a week. He,
however, did not tell the Mayor about Kits involvement in the crime.
On July 7, 1993, CIS agents of Canlubang raided his house during his absence thereat. The agents,
his wife said, planted a gun inside. The next day, Luis read in the papers that a P100,000.00 reward has
been offered for his and brother Boys capture. He rushed to the Mayor who advised him to remain quiet.
In the afternoon of July 12, 1993, Luis went to Boys house upon being summoned by the Mayor
who was with General Quizon and Colonel Hilario. He and Boy were brought to Camp Crame for
interview. After the interview, the CIS took their sworn statements. The answers therein, Luis said, were
furnished by the agents. He signed the statement out to fear without the assistance of a lawyer of his own
choice. For several days, he was investigated by PACC agents. Then on or July 20, 1993, he and Boy
were transferred to CIS Canlubang and were interrogated by Col. Tiangco who repeatedly manhandled
and cursed him. Luis insisted on his innocence and suggested that it is Kit who they should
investigate. After the interview, Luis was tortured by way of water treatment, denied of food and was not
allowed to receive visitors. In the afternoon of June 28, 1993, Luis was brought before the PACC where
he was again manhandled during the 2-hour interrogation. He answered yes to all the questions hurled
at him because he was already dizzy. He was also informed that Lavadia had already executed a
statement saying that the latter paid him.
On August 1, 1993 at the PACC-TFH office, General Quizon was forcing him to testify against the
Mayor. He was also interviewed by media afterwhich, he was brought back to his cell where he met
Lavadia. He cursed and strangled Lavadia. Luis suggested that they should now tell the truth about Kits
involvement, but Lavadia advised him to remain silent because reprisal from General Alqueza would be
far worse. Luis was detained at the PACC until the start of the trial. He also filed a complaint for torture
before the Commission on Human Rights.
Boy Corcolon testified that he never left house on the night of June 28, 1993. He woke up at around
7:00 a.m. of the next day and proceeded to the Calauan police station on his motorcycle upon being
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informed of the discovery of a dead female in sitio Paputok, Km. 74. After going to the municipal
building where he saw Ama, Major Cao and Judge Baldo, Boy followed Major Cao and his men in
going to Km. 74. There he saw the naked body of the dead woman inside the van. Boy thereafter
followed the van to the UP compound. Moments later, the van was brought to Calauan municipal hall
compound. He did not stay in the municipal hall, but went straight home instead.
The CIS agents raided his house on July 7, 1993. The next day, Boy read in the papers that he and
his brother Luis were being haunted down by the authorities and a P100,000.00 bounty is at stake for their
capture. He rushed to the house of the Mayor to inform the latter of the raid. The Mayor advised him to
remain calm and to avoid being visible.
In the afternoon of July 12, 1993, he and Luis were fetched by General Quizon and Colonel Hilario
at Luis residence and thereafter brought to Camp Crame. At the camp, press people interviewed them
after which they were led to a room for taking of their respective sworn statements. Boy claimed that he
was forced to give his statement after being kicked, slapped and cursed by the investigators. He tried to
correct portions of his statement but the investigating officer did not allow him. Boy and Luis were
detained at the camp until charges have been filed against them, for their refusal to cooperate with the
CIS.
On July 20, 1993, the two (2) brother were brought to an uninhabited place near a hill in Barangay
Paliparan where they were made to stand in front of the military group consisting of Generals Quizon and
Salimbangon, Colonel Gualberto and his men. Boy and Luis were each asked to hold an armalite rifle,
and then pictures were taken of them handing the rifles over to the generals.
The next day (June 21), they were brought to CIS Canlubang and stayed there until the start of the
trial in September, 1993. Boy claimed he was subjected to electric shock and water treatment to make
him confess his guilt.
Ama, also a member of the team involved in the Tisoy manhunt, related a similar story on the
groups sorties in different barangays on June 28, 1993. After the failed mission, Centeno dropped him
off at his residence in Barangay Masiit at about 10:00 p.m. of the same day and did not leave the house
until the next morning.
At around 6:15 a.m. of the next day (June 29), he was at Barangay Balayhangin to wait for Tisoy per
Medialdeas instruction. Minutes later, he saw Tisoy pass by on a motorcycle and thereafter reported the
matter to Medialdea. Ama learned of Eileens death at around 8:00 a.m. when he was at the Calauan
police station. Centeno thereafter picked him up and they, together with Medialdea, Malabanan and Luis
proceeded to Sitio Paputok where Eileens body was found.
From the university compound, he, Medialdea, Malabanan and a UP student named Butch went to
Allans house but the latter was not there. They also went to Jet Tejadas and Eileens boarding houses.
At Barangay Batong Malaki, Los Baos, barangay tanod Allan revealed to Medialdea that the dead
Allans enemy was Kit. Allan was fond of girls and there was a time when Kit got angry at and
threatened Allan when the latter dated Kits girlfriend Rose, the tanod narrated.
Ama and the rest of the group were able to talk to Jet Tejada who denied any involvement in the
crime. After Major Cao informed him that Allan is already dead, Ama told the major about the friction
between Allan and Kit. Then someone tapped Major Caos shoulder and identified himself as Kit who
clarified that he had patched up with Allan about three (3) months ago. Kit angrily pointed his finger at
Ama, then Major Cao pacified them. Ama asked Kit about the drops of blood on his right thigh. Kit
explained that the blood came from his right knuckle. He is our suspect Ama blurted. Major Cao,
however, reprimanded him for making such a loud comment.
*(On the cleaning of the van, Amas story is similar to Medialdeas account heretofore discussed).
Thereafter, Ama, Medialdea and Malabanan found their way to the Mayors residence in bay. Ama
revealed to the Mayor that Kit is the suspect. The Mayor said that Kit comes from a very powerful and
influential family, and that his father, General Alqueza, is a tough man. The Mayor nonetheless assured
them of his support.
On July 1, 1993, Ama accompanied some CIS personnel at the site where Allans body was
found. They found drops of blood, cigarette butts and wrappers in the area. Later in the afternoon, Ama
went to Canlubang as he was asked by Colonel Roxas to make a written report on the Kit Alqueza
angle. He completed his statement in about five (5) hours. The officer before whom he was sworn, Ama
noticed, was drunk.
On July 3, 1993, he received word that he was to undergo counter-insurgency training effective that
same day. Two (2) days after (July 5), he asked a certain Colonel Toco why he was being required to
8

undergo training again. The colonel promised to look into the matter. On that same day, Malabanan
informed him that Luis appeared panicky and was acting suspiciously, as the latter seemed to go back and
forth to the municipal hall and kept asking Malabanan for the names of people investigating the
case. Also on that day, Ama gave the NBI Regional Director some information about Kit and Luis which
started the NBI investigation.
On July 6, 1993, Ama, together with Medialdea and Malabanan, executed his statement in CIS
Canlubang assisted by one Atty. Exconde who asked him to sign the same even before Ama can read
it. At PHQ Sta. Cruz, the Deputy Provincial Commander for Operations fumed when he declared in his
statement that he was absent during the cleaning of the van. He declared so because Major Cao
instructed him to keep silent on that matter. Subsequently (July 7), he learned of Malabanans escape.
On July 24, 1993, Ama, Malabanan and Medialdea were brought to CIS Canlubang. They ate
drugged food which gave him chest pain and made him very weak and talkative. He saw Medialdea
being whipped on the head with a newspaper by one official.
Five days later (July 29), they were brought to the PACC where Luis pointed to them before the
media. The next day (July 30), he and General Alqueza met at the Department of Justice. The general
cursed him for dragging Kit in the case and even challenged him to a fistfight outside the building.
On August 7, 1993, at General Salimbangons office, the general informed him that his summary
dismissal is on hand unless he testifies against the Mayor. When he refused, the general cursed
him. Colonel Gualberto also tried to convince him by offering promotion, house and lot, monthly
allowance, or a chance to leave the country with his family. But Ama insisted on his innocence.
On August 13, 1993, a sobbing Malabanan embraced Ama and asked for his forgiveness because the
former has already implicated him falsely in the crime. Malabanan said he could no longer bear the
torture being inflicted on him and the threats on his life and family. He was also advised by Malabanan to
follow suit, but he refused once again.
Brion is the Mayors nephew. He denied being in the company of any of the appellants on the
evening of June 28, 1993 as he stayed at their house on J. del Valle St., Calauan the whole night. In the
morning of July 29, 1993, he was arrested at his father-in-laws house without any warrant. The arresting
officer told him that Colonel Navarro (PNP Director of Laguna) wanted to interview him. Brion was
brought to the Calamba police station from where he was taken to Canlubang. There, Col. Navarro cursed
him for being so elusive. Brion answered that he never went into hiding. Col. Navarro informed him that
Luis Corcolon has revealed that he was the third man to rape Eileen. Brion then heard Malabanan
shouting that he is taking all the blame for the crime if they would just spare the two students (Brion and
Kawit) who are totally innocent.
Brion, together with Malabanan, Ama and Luis, was brought to the office of the then Vice-President
Estrada who asked Ama and Malabanan whether they raped Eileen. Ama belied the
accusation. Malabanan, too, professed innocence and said that in the nine (9) years he stayed in
Mindanao, it is his first time to cry this way. This convinced the vice-president of Malabanans
innocence. Kawit also cried at this point. Brion saw Luis being held up by two men towards the room as
Luis appeared to be on the brink of collapse. One of the escorts then raised Luis hand so as to point at
Brion.
On July 30, 1993, Brion, Ama, Malabanan, Kawit, Luis and Boy were brought to the Department of
Justice where Fiscal Zuo asked them to sign some papers. Luis was instructed to re-affirm his sworn
statement before the PACC while Brion and Kawit were asked to sign a waiver of detention. The three
(3), however, refused. Fiscal Zuo offered them a lawyer from the Public Assistance Office (PAO) to
assist them but Brion rejected the offer.
On August 6, 1993, General Quizon asked Brion to sign a confession but he refused. When a second
statement was prepared, he cried because he was allowed to read only that portion relating to his personal
circumstances before being forced to sign it without the assistance of a lawyer. Thereafter, he was
brought back to PHQ Sta. Cruz at around 5:00 p.m.
Brion related having executed a sworn statement detailing the methods of torture he underwent to
force him into implicating the Mayor, Ama, Medialdea and Malabanan, viz:
1) he would be placed in a doghouse-like cell fitted with loudspeakers;
2) his hands would be tied behind his back and he would be tied to a bench. A towel would be
placed over his mouth and nostrils, then 7-up is poured on his face;
3) his body would be whipped with guns.
9

No medical examination was ever conducted on him. More, his captors would padlock his cell whenever
Atty. Arias paid him a visit.
Kawit was a houseboy of the Mayor in his Calauan residence. He claimed he slept at around 9:00
p.m. of June 28, 1993 and woke up at 6:00 a.m. the following day to water the plants.
On July 16, 1993, he was interrogated in connection with the deaths of Eileen and Allan. Later in
the day, Medialdea and some policemen fetched him at his house in Barangay Bagong Pook and brought
him to PHQ Sta. Cruz. Kawit was led into a room where Medialdea, in the presence of Centeno and
Malabanan, asked him the name of the girl who was reportedly shouting while Kawit was dragging her at
CPAMMS. Kawit answered that there were two (2) bar girls, whose names are Carla and Ninja
Joyce, who were shouting at Barangay Bagong Pook. Ama then entered the room and requested
Malabanan and Medialdea not to hurt Kawit. When Malabanan and Medialdea left the room, Kawit
explained to Ama that the two (2) bar girls complained of one Melvin Pajadan not paying them for their
services.
Thereafter, Kawit was asked by one Major Uyami to make a statement. After signing the statement,
Kawit was told by investigator Cansanay that the major wanted him to include in his statement the
Mayors involvement in the Gomez-Sarmenta slaying, but Kawit refused. He was thus detained for the
night. A policeman in civilian clothes thereafter asked him to sign a paper bearing his name and the
handwritten words: Pauuwiin ka na bukas ng umaga. Kawit signed the paper, but he was not released
the next day.
Before this Court, Mayor Sanchez and Medialdea filed their consolidated Appellants Brief, and
so did Ama, Brion and Kawit. Brothers Luis and Boy Corcolon, on the other hand, filed separate appeal
briefs. Briefly, the pith of the assigned errors and the focus of the appellants arguments is the issue of
witnesses Centeno and Malabanans credibility, whose open-court narrations served as principal basis for
the trial courts rendition of a guilty verdict.
So oftenly repeated by this Court is that the matter of assigning values to declarations on the witness
stand is best and most competently performed by the trial judge
[4]
who had the unmatched opportunity to
observe the witnesses and to assess their credibility by the various indicia available but not reflected in
the record. The demeanor of the person on the stand can draw the line between fact and
fancy. The forthright answer or the hesitant pause, the quivering voice or the angry tone, the flustered
look or the sincere gaze, the modest blush or the guilty blanch these can reveal if the witness is telling
the truth or lying in his teeth.
[5]

Judge Demetriou who presided over the entire trial until its very conclusion expressed her
satisfaction with the way witnesses Centeno and Malabanan survived the hot seat with flying colors, so
to speak. With respect to Centeno, the honorable Judge had this to say:
In thus passing upon the credibility of Centeno, this Court kept his alleged dubious reputation for
veracity in mind. But, after carefully reviewing the testimony of Centeno in his direct examination and
gruelling (sic) cross-examination for almost 3 months, this Court, even with a jaundiced eye, could not
help but be impressed about the myriad of details in his testimony and his frank, spontaneous and
straightforward manner of testifying. The lengthy and punishing cross-examination by seven lawyers to
which he was subjected failed to bring out any serious flaw or infirmity in his perception or recollection
of events or destroy the coherence of his narration. That Centeno merely wove such a yarn from his
fertile imagination, conflict with a multitude of details, is highly improbable considering that his highest
educational attainment was sixth grade in the elementary school.
[6]

Similarly, Malabanan displayed a frank, straightforward manner of answering questions and a desire to
state all the facts within his knowledge, and his credibility was never shaken on cross-examination;
there was no indication of prevarication or evasiveness. Consequently, (his) testimony is entitled to full
faith and credit, the honorable Judge observed.
[7]
Her impressions of these star witnesses for the State
bind this Court, for we accord great respect if not finality, to the findings of the trial court on the
credibility of witnesses.
[8]
They, therefore, ought not to be disturbed.
[9]
And once the prosecution
witnesses are afforded full faith and credit, the defenses version necessarily stands discredited.
[10]

To recall, all the appellants relied on the defense of denial/alibi, i.e., they were at their respective
homes on the night of the rape-slay. But Centeno and Malabanan confirmed the presence of all the
appellants on the night of June 28, 1993 till the early morning of the following day and detailed the exact
participation of each in the crime. Positive identification by credible witnesses of the accused as the
perpetrators of the crime, as we have consistently held, demolishes the alibi
[11]
-the much abused
sanctuary of felons.
[12]
Moreover, except for the Mayor who presented Ave Marie Tonee Jimenez Sanchez
(his daughter with his mistress Elvira) and Medialdea who presented his neighbor Anastacia Gulay, the
10

other appellants failed to present corroborating testimonial evidence to butress their respective alibis. The
defense of alibi is inherently weak especially when wanting in material corroboration. Categorical
declarations of witnesses for the prosecution of the details of the crime are more credible than the
uncorroborated alibi interposed by the accused.
[13]
Ave Maries testimony is of no help to the Mayor,
since alibi becomes less plausible as a defense when it is invoked and sought to be crafted mainly by the
accused himself and his immediate relatives.
[14]
Anastacia Gulays testimony is likewise worthless since
the trial court found her testimony rehearsed. We will not disturb this finding because it touches on
credibility.
In fine, the defense of alibi is an issue of fact that hinges on the credibility of witnesses, and the
assessment of the trial court, unless patently and clearly inconsistent, must be accepted.
[15]

In an attempt to discredit Centeno, appellants principally harp on the contradictions in four (4)
Sworn Statements executed by Centeno on August 13, 1993, August 15, 1993, August 17, 1993 and
August 30, 1993. The Solicitor Generals Office summarizes appellants asseverations on this point, viz:
Appellants point out that while in his Sworn Statement dated August 13, 1993, Centeno stated that after
the victims were seized, they were brought to CPAMMS, in his Sworn Statement dated August 15, 1993,
he claimed that the two were brought to Erais Farm (p. 86-96, Sanchez and Medialdea; p. 11-12, Luis
Corcolon; p. 38, Ama, Brion and Kawit; p. 10, Rogelio Corcolon). Appellant also point out that in the
August 13, 1993 Sworn Statement, Centeno merely referred to a person named Edwin (without stating his
family name) and another person he did not know who was in the place where the victims were
brought. In his Sworn Statement dated August 17, 1993, Centeno supplied the family name of Edwin as
Cosico and the name of the other person whom he did not know as Lito Angeles (pp. 96-97, Sanchez and
Medialdea).
Another major contradiction pointed out is that in his August 13, 1993 Sworn Statement, Centeno
mentioned that he drove the Corcolon brothers to the house of Edgardo Uod Lavadia in Bangkal Street,
Los Baos, Laguna. Upon arriving at the house of Lavadia, Centeno saw Lavadia and Teofilo Kit
Alqueza talking. Later Lavadia handed an envelop to Luis Corcolon. In the latest Sworn Statement dated
August 30, 1993, Centeno stated that they did not go to the house of Lavadia and that during the whole
day of June 26, 1993, Centeno was with Malabanan (pp. 99-102, Sanchez and Medialdea; pp. 37-40,
Ama, Brion and Kawit; p. 8, Rogelio Corcolon).
[16]

The trial judge found Centenos explanation on these inconsistencies satisfactory, justifying such
finding with pertinent jurisprudence. The Court, therefore, affirms and adopts her disquisition on the
matter, viz:
With respect to the portion of his sworn statement dated August 13, 1993 which implicated Kit Alqueza,
Centeno explained that it was dictated by a CIS agent named Rommel. He feared Rommel because the
latter threatened him that he would be hurt if he did not cooperate. Even when his family was already
under the custody of the CIS on August 15, 1993, he did not ask for the deletion of the said portion
because he was still under the CIS custody. It was only on August 30, 1993 when he was placed under
the Witness Protection Program that he found the courage to execute another sworn statement for the
specific purpose of deleting the reference to Kit Alqueza. Although he was placed under the Witness
Protection Program on August 17, 1993, there was a delay in his retraction of Kit Alquezas involvement
due to his inability to reach Fiscal Arellano.
Centenos explanation is quite believable because he had already implicated the accused Sanchez in his
sworn statement of August 13, 1993. Thus, the portion implicating Kit Alqueza does not jibe with the
main story of Centeno that Eileen Sarmenta was abducted by Medialdea, Ama, the Corcolon brothers,
Brion and Kawit to be given as a gift to their boss, Mayor Sanchez.
As to his sworn statement of August 15, 1993 where he stated that the victims were taken to Erais Farm
instead of CPAMMS as originally indicated in his August 13, 1993 sworn statement, Centeno explained
that when he gave his first statement he was still hoping that Mayor Sanchez would help
him. Furthermore, he feared the power and influence of the Mayor. Thus, according to him, he gave the
wrong place to mislead his investigators. It was only on August 15, 1993 when the accused Sanchez was
already in prison that Centeno decided to correct his previous statements.
This Court is inclined to accept the explanation of Centeno that his earlier attempt to mislead the
investigators by saying that the victims were taken to CPAMMS was out of fear of the Mayor. Our
Supreme Court has recognized that the inherent fear of reprisal by witnesses who refuse initially to
11

disclose what they know about a crime is quite understandable, especially when the accused is a man of
power and influence in the community (People v. Catao, 107 Phil. 861 [1960]).
In a recent case, People v. Pascua (206 SCRA 628 [1992]), the Supreme Court observed that Fear for
ones life explains the failure on the part of a witness to immediately notify the authorities of what exactly
transpired. And, [o]nce such fear is overcome by a more compelling need to narrate the truth, the
Supreme Court went on to say, then the witness must be welcomed by the courts to help dispense
justice.
Consequently, this Court will not reject the testimony of Centeno on the basis of inconsistencies in his
sworn statements taken by police authorities which have been sufficiently explained. What is more
important is that Centeno testified on the witness stand in a categorical, straightforward, spontaneous and
frank manner and remained consistent on cross-examination. This Court, therefore, finds Centeno a
credible witness.
[17]

To further fortify this observation, we advert to that all-too familiar rule that discrepancies between sworn
statements and testimonies made at the witness stand do not necessarily discredit the witnesses.
[18]
Sworn
statements/affidavits are generally subordinated in importance to open court declarations because the
former are often executed when an affiants mental faculties are not in such a state as to afford him a fair
opportunity of narrating in full the incident which has transpired.
[19]
Testimonies given during trials are
mush more exact and elaborate.
[20]
Thus, testimonial evidence carries more weight than sworn
statements/affidavits.
Appellants would also quibble on the following portions of Centenos testimony, to wit:
1) he could not give exactly where the appellants went after sexually abusing Eileen;]
2) he was unsure whether it was Eileens left or right foot that hit the chair of the van when she
was struggling;
3) he was unsure of their speed while on their way to the UP compound;
4) he could not give the exact distance between the ambulance he was driving and the van;
5) he said he could see the protruding end of the roof of a kubo when he parked the
ambulance in front of the Big J restaurant. Appellants claim that from where Centeno was
allegedly standing, there was no way he could see the roof of that kubo;
6) he was able to recall what appellants were wearing on that night of June 28, 1993;
7) he saw Kawit hit Allan at his diaphragm with the butt of an armalite, but the medico-legal
finding of Dr. Escueta revealed no injury in the abdominal region of Allan;
8) his testimony that the appellants raped Eileen inside the van which was very limited space,
while appellants could have chosen a far more comfortable or remote place to do the crime. With
respect to the Mayor, it was very unbelievable for him to commit rape inside his room filled with
religious adornments and in the process risk his reputation as mayor and an established man in the
community;
9) his testimony to the effect that appellants rolled their pants down to their knees and then
climbed the van to rape Eileen. Appellants would consider such testimony impossible, claiming that
the narrow circumference of the waistline will impede and obstruct the upward movement of the
legs.
10) his admission that he can lie for money, or out fear.
It may be conceded that these inconsistencies marred Centenos testimony, but they refer to trivial
details which do not, in actuality, touch upon the whys and wherefores of the crime
committed.
[21]
Equally settled is the rule that inconsistencies in the testimony of witnesses when referring
only to minor details and collateral matters do not affect either the substance of their declaration, their
veracity, or the weight of their testimony. Although there may be inconsistencies on minor details, the
same do not impair the credibility of the witnesses where there is consistency in relating the principal
occurrence and positive identification of the assailants,
[22]
as in this case. Slight contradictions in fact
even serve to strengthen the sincerity of a witness and prove that his testimony is not rehearsed.
[23]
They
are fail-safes against memorized perjury.
[24]
Besides, errorless testimonies cannot be expected especially
when a witness is recounting details of a harrowing experience.
[25]
Even the most truthful witnesses can
make mistakes but such innocent lapses do not necessarily affect their credibility.
[26]
Consequently,
Centenos and Malabanans credibility still remains intact notwithstanding these inconsistencies.
12

Other pieces of evidence further enhance the damaging testimonies of Centeno and Malabanan. For
one, a missing belt loop from the pair of white shorts worn by Eileen on the night of the crime was
recovered from Erais Farm by prosecution witness Major Lulita Chambers who, together with Col.
Gualberto and other officers, went there on August 19, 1993 to effect service of the search warrant issued
by RTC Judge Geraldez. Major Chambers, a forensic chemist, conducted a series of laboratory
examinations and later concluded that the retrieved beltloop matched in color, size and fiber composition
with a beltloop she detached from the white shorts of Eileen which she (Major Chambers) used as a
standard.
Another corroborating evidence is the M16 empty bullet shell recovered at the site where Allans
body was found. The ballistic examination on the empty shell conducted by FID-PNP Chief Ballistician
Vicente de Vera revealed that the striations of the empty shell were the same as those registered by the
cartridges from M16 rifle bearing Serial No. 773159 surrendered by Luis Corcolon. Mr. De Vera also
found the metallic fragments recovered from Eileens body, after conducting microscopic examinations
thereof, to bear the same characteristics as those from a bullet fired from an M16 rifle.
The autopsy and vaginal examination conducted by prosecution witness Dr. Vladimir V. Villaseor,
medico-legal officer of the PNP-CIS, on Eileens cadaver buttresses all the more the gang-rape story of
the prosecution. Dr. Villaseors findings, in a nutshell, disclosed the presence of multiple contusions on
Eileens body, fresh shallow lacerations on her hymen, a congested cervix, a gaping labia majora and
oozing whitish fluid (tested positive for spermatozoa) from the vaginal opening. Oozing spermatozoa, Dr.
Villaseor explained, means that the amount of semen was much more than the vaginal canal could
contain and that there were several seminal ejaculations that occurred therein. He also noted that a great
quantity of whitish fluid continued to ooze from Eileens vaginal opening despite her death for several
hours. Taking into account all these findings, Dr. Villaseor ruled out the possibility of any consented
sexual intercourse. In this connection, appellants would belittle Dr. Villaseors findings by insisting as
the more convincing opinion the defenses medical expert witness, Dr. Ernesto Brion who testified to the
effect that there can be no multiple rape if there is only one laceration on Eileens hymen as testified to by
Dr. Villaseor. We dismiss appellants argument by reiterating anew that the absence of extensive
abrasions or contusions on the vaginal wall does not rule out rape because the slightest penetrations
enough.
[27]
It is not an indispensable element for the successful prosecution of said crime.
[28]
Moreover,
Dr. Brion is an uncle by consanguinity and erstwhile counsel of record of the Mayor, thus making his
objectivity highly questionable.
Appellants Ama, Kawit and Brion would assail the trial courts finding that they were part of the
conspiracy to commit the rape-slay. Their concurrency of sentiment with the other appellants, however,
was evident from the time they abducted Eileen and Allan, brought the two to Erais Farm where Eileen
was raped by the Mayor and Allan beaten up black and blue, headed for a sugarcane field killing Allan
along the way, sexually abused Eileen in rapid succession and finally killed her. In not an instance did
any of the three appellants (Ama, Kawit and Brion) desist from that common design.
[29]
Likewise, the
complicity of the Mayor in the crime can be deduced from the following conversations he had with some
of the appellants at the Erais Farm (per Centenos testimony), viz.:
LUIS CORCOLON: Mayor, ito po yung regalo namin sa inyo. Ito po yung babae na matagal
na po ninyong kursunada.
MAYOR: Aba, and ganda talaga ng babaeng yan. Pero sino yung kasama
ninyong lalake?
MEDIALDEA: Boss, kasama ho yan ng babae yung lalake. Isinama na rin ho namin para
wala pong bulilyaso.
After raping Eileen, the Mayor had this short exchange with Medialdea:
MAYOR: O sige mga anak, salamat sa regalo ninyo. Salamat sa regalo
ninyo sa akin. Tapos na ako, sa inyo na iyan. Bahala na kayo
diyan. Ano naman ang gagawin ninyo diyan sa lalake?
MEDIALDEA: Boss, papatayin na rin po namin ito para wala pong bulilyaso.
Finally, on appellants claim that the publicity given to this case impaired their right to a fair trial, we
need only to revisit this Courts pronouncements in People v. Teehankee, J r. (249 SCRA 54), viz:
We cannot sustain appellants claim that he was denied the right to impartial trial due to prejudicial
publicity. It is true that the print and broadcast media gave the case at bar pervasive publicity, just like all
high profile and high stake criminal trials. Then and now, we rule that the right of an accused to a fair
trial is not incompatible to a free press. To be sure, responsible reporting enhances an accuseds right to
13

a fair trial for, as well pointed out, a responsible press has always been regarded as the handmaiden of
effective judicial administration, especially in the criminal field x x x. The press does not simply publish
information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors,
and judicial processes to extensive public scrutiny and criticism.
Pervasive publicity is not per se prejudicial to the right of an accused to fair trial. The mere fact that the
trial of appellant was given a day-to-day, gavel-to-gavel coverages does not by itself prove that the
publicity so permeated the mind of the trial judge and impaired his impartiality. For one, it is impossible
to seal the minds of members of the bench from pre-trial and other off-court publicity of sensational
criminal cases. The state of the art of our communication system brings news as they happen straight to
out breakfast tables and right to our bedrooms. These news form part of our everyday menu of the facts
and fictions of life. For another, our idea of a fair and impartial judge is not that of a hermit who is out of
touch with the world. We have not installed the jury system whose members are overly protected from
publicity lest they lose their impartiality. Criticisms against the jury system are mounting and Mark
Twains wit and wisdom put them all in better perspective when he observed: When a gentleman of high
social standing, intelligence, and probity swears that testimony given under the same oath will outweigh
with him, street talk and newspaper reports based upon mere hearsay, he is worth a hundred jurymen who
will swear to their own ignorance and stupidity x x x. Why could not the jury law be so altered as to give
men of brains and honesty an equal chance with fools and miscreants? Our judges are learned in the law
and trained to disregard off-court evidence and on-camera performances of parties to a litigation. Their
mere exposure to publications and publicity stunts does not per se fatally infect their impartiality.
At best, appellant can only conjure possibility or prejudice on the part of the trial judge due to the
barrage of publicity that characterized the investigation and trial of the case. In Martelino, et al. v.
Alejsndro, et al., we rejected this standard of possibility of prejudice and adopted the test of actual
prejudice as we ruled that to warrant a finding of prejudicial publicity, there must be allegation and proof
that the judges have been unduly influenced, not simply that they might be, by the barrage of publicity. In
the case at bar, the records do not show that the trial judge developed actual bias against appellant as a
consequence of the extensive media coverage of the pre-trial and trial of his case. The totality of
circumstances of the case does not prove that the trial judge acquired a fixed opinion as a result of
prejudicial publicity which is incapable of change even by evidence presented during the trial. Appellant
has the burden to prove this actual bias and he has not discharged the burden.
And so we come to hear another tale of woe, of an infamous public figure and his minions indicted
for having raped and killed a young lady and a budding lad, of these victims who had led short obscure
lives that earned an equally ignominous end, and of a criminal enterprise so despicable only the
unthinking beasts can orchestrate. It was, indeed, a plot seemingly hatched in hell. And let it not be said
that the full protection of the law had been deprived appellants. Even a beast cannot deny this.
WHEREFORE, the assailed decision is hereby AFFIRMED in all respects. In addition, each of the
appellants having been found guilty of seven (7) counts of rape with homicide and considering that
existing jurisprudence pegs the amount of indemnity for the death of the victim at Fifty Thousand
(P50,000.00) Pesos, this Court hereby orders each of the appellants to pay the respective heirs of Eileen
Sarmenta and Allan Gomez the amount of Seven Hundred Thousand (P700,000.00) Pesos as additional
indemnity.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Melo, Kapunan, and Pardo, JJ., concur.



[1]
Nor Chairman of the COMELEC.
[2]
Atty. Juanito Andrade.
[3]
Brief for Appellants Sanchez and Medialdea, p. 4.
[4]
People v. Tacipit, 242 SCRA 241; People v. Sarabia, 266 SCRA 471.
[5]
People v. Espinosa, 180 SCRA 393.
[6]
RTC Decision, pp. 109-110.
[7]
RTC Decision, pp. 114-115.
[8]
People v. Tayco, 235 SCRA 610.
[9]
People v. Apolonia, 235 SCRA 124.
[10]
People v. Calegan, 233 SCRA 537.
14

[11]
People v. Tabaco, 270 SCRA 32; People v. Piandong, 268 SCRA 555; People v. Dinglasan, 267 SCRA
26; People v. Navales, 266 SCRA 569; People v. Ferrer, 255 SCRA 19; People v.Abrenica, 252 SCRA 54;
People v. Vivar, 235 SCRA 257.
[12]
People v. Plandez, 132 SCRA 70.
[13]
People v. Villalobos, 209 SCRA 304.
[14]
People v. Danao, 253 SCRA 146; People v. Rio, 201 SCRA 702.
[15]
People v. Apa-ap, 235 SCRA 468.
[16]
Consolidated Brief for the Appellee, pp. 38-39.
[17]
RTC Decision, pp. 112-114.
[18]
People v. Ferrer, 255 SCRA 19; People v. Sarellana, 233 SCRA 31; People v. Quiming, 222 SCRA
371.
[19]
People v. Padao, 267 SCRA 64.
[20]
People v. Miranda, 235 SCRA 202.
[21]
People v. Muoz, 163 SCRA 730.
[22]
Sumalpong v. CA, 268 SCRA 764; People v. Sison, 189 SCRA 643.
[23]
People v. Letigio, 268 SCRA 227; People v. Mendoza, 254 SCRA 61.
[24]
People v. Roa, 167 SCRA 116.
[25]
People v. Ibay, 233 SCRA 15.
[26]
People v. Calegan, 233 SCRA 537.
[27]
People v. Cervantes, 222 SCRA 365; People v. Tismo, 204 SCRA 535; People v. Cruz, 180 SCRA
765; David v. CA, 182 SCRA 675; People v. Taneo, 284 SCRA 251.
[28]
People v. Julian, 270 SCRA 733; People v. Balsacao, 241 SCRA 309.
[29]
People v. Peralta, 251 SCRA 6.