FIRST DIVISION

[G.R. No. 121039-45. January 25, 1999]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MAYOR

ANTONIO L. SANCHEZ, GEORGE MEDIALDEA, ZIOLO AMA,
BALDWIN BRION, LUIS CORCOLON, ROGELIO CORCOLON,
and PEPITO KAWIT, accused-appellants.

DECISION

MARTINEZ, J.:

. . . a plot seemingly hatched in hell . . .

This was how Judge Harriet O. Demetriou1 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 counsel2 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.

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.

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.

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.

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 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 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 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.

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 judge4 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
cräläwvirtuali brä ry

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.9And once the prosecution witnesses are afforded full faith
and credit, the defenses version necessarily stands discredited.10 cräläwvi rtua lib räry

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 alibi11 - 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 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 cräläwvirtual ibrä ry
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 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.20Thus, 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.

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.28Moreover, 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, Jr. (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 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 sefatally
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.

Endnotes:

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.

11People 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.