FIRST DIVISION
G.R. No. 208404, February 24, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE LUGNASIN AND DEVINCIO GUERRERO, Accused-Appellants.
D E C I S I O N
LEONARDO-DE CASTRO, J.:
For review is the January 23, 2013 Decision1 of the Court of Appeals in CA-G.R. CR.-H.C. No. 02971, which affirmed with modification the March 24, 2003 Decision2 of the Regional Trial Court (RTC), Branch 76, Quezon City, in Criminal Case No. Q-99-87600, entitled "People of the Philippines v. Vicente Lugnasin, Tito Lugnasin, Excelso Lugnasin, Elmer Madrid, Rogelio Baldaba and Devincio Guerrero" wherein accused-appellants Vicente Lugnasin (Vicente) and Devincio Guerrero (Devincio) were found guilty beyond reasonable doubt of the crime of kidnapping for ransom.
On October 15, 1999, the Department of Justice filed an Information against Vicente, Devincio and four other individuals, namely, Tito E. Lugnasin (Tito), Excelso B. Lugnasin (Excelso), Elmer A. Madrid (Elmer), Rogelio D. Baldaba (Rogelio), and five other unidentified individuals: John Doe, Peter Doe, Richard Doe, George Doe, and James Doe, for the crime of kidnapping for ransom defined and penalized under Article 267 of the Revised Penal Code. The Information reads:
That on or about April 20, 1999 in Quezon City and within the jurisdiction of this Honorable Court accused VICENTE LUGNASIN, TITO LUGNASIN, EXCELSO LUGNASIN, ELMER MADRID, ROGELIO BALDABA, DEVINCIO GUERRERO, and other persons whose identities ha[ve] not yet been ascertained, while conspiring, conniving and confederating with one another, did then and there with criminal and malicious intent, with the use of force, threat and intimidation, with firearms, take and carry away the person of Nicassius Cordero, to the Municipality of Tanauan, Province of Batangas, detaining him thereat, depriving Nicassius Cordero of his liberty, against his free will and consent, for the purpose of extorting ransom money for his safe release from detention said demand for the payment of ransom money was made on the relatives of Nicassius Cordero, and the same was release[d] in the evening of April 24, 1999 along the South Luzon Expressway.3
The prosecution's lone witness, Nicassius Cordero narrated in court how he was abducted while opening the garage door of his residence in Mindanao Avenue in the late evening of April 20, 1999 by three armed men. He identified Devincio Guerrero as the man with a 38 cal. revolver who came from his left side and pushed him inside the car. The man who came from his right side and identified later as Tito Lugnasin drove the car with Elmer Madrid riding at the back. After divesting him of his P5,000.00 cash and asking some questions, he realized he was being kidnapped for ransom. Repeatedly, he declared that he was not a rich man. Along Libis, another cohort, Celso Lugnasin, rode with them until they reached the South Superhi[gh]way and after paying the toll fee, they drove on for about fifteen minutes and stopped just behind an owner type jeepney before they switched places. The jcepney driver introduced himself as Commander and drove the car. [Cordero] saw Commander's face. He was later identified as Vicente Lugnasin. After driving for some minutes more, they alighted, [Cordero's] abductors placed the car's sunvisor around his face and ordered him to walk barefooted towards a small house. [Cordero] was kept there for four days, while they negotiated with Saleena, his sister-in-law for the ransom money. On the fourth day, Commander was already angry and threatened to finish him off. He was eventually released, without ransom money being paid.
Vicente Lugnasin, a resident of Luzviminda I, Dasmarifias Quezon City denied the accusation, saying he only saw Cordero for the first time at the Department of Justice and Cordero could not even identify him. He recounted that on May 14, 1999[,] while preparing for the town fiesta celebration, policemen came to his residence and arrested him and his brother Tito [and] cousin Excelsio for alleged involvement in a robbery case. They were tortured, then put on display for media men to feast on and for alleged victims to identify. After posting bail, he was later arrested for illegal possession of firearms. He was also charged with two other cases, a bank robbery and the Mercury Bank robbery, both pending before the sala of Judge Jose Mendoza.
Devincio Guerrero, a fish vendor at the Pasig Market, likewise denies any involvement in the kindnap[ping] of Cordero. He swears he saw him for the first time only in the courtroom. He recalled that nearing Holy Week in 2002 [,] five uniformed policemen arrested him without a warrant in Lucena City, where he used to buy smoked fish to sell. He was transferred to Camp Karingal before being detained at the QC Jail, where he is detained up to the present. On May 14, 1999[,] he was a sponsor at a baptism of the child of his kumpadre in Bgy. Luzviminda, Dasmarinas, Cavite. On his way home, he was accosted by police officers while urinating along the roadside. He was detained first at the Cavite City Jail then at the Trece Martires jail. He saw Vicente Lugnasin only at the Quezon City Jail.4
WHEREFORE, finding the accused Vicente Lugnasin and Devincio Guerrero guilty beyond reasonable doubt of the crime of kidnapping for ransom described and penalized under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659 in conspiracy with each other and other Does, the Court hereby sentences them to each suffer the penalty of Death and to indemnify jointly and severally the private complainant Nicassius Cordero the amount of P50,000.00 as moral damages.
The warrants of arrest issued against the other accused remain.7ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the instant appeals are hereby DISMISSED for lack of merit.
The Decision dated March 24, 2003 of the Regional Trial Court, Branch 76, Quezon City, in Criminal Case No. Q-99-87600, is MODIFIED in that the penalty of death imposed upon appellants is AMENDED to Reclusion Perpetua, without the possibility of parole.8ChanRoblesVirtualawlibrary
I
THE COURT A QUO GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE TESTIMONY OF THE LONE PROSECUTION WITNESS.II
THE COURT A QUO GRAVELY ERRED IN FINDING [DEVINCIO] GUILTY NOTWITHSTANDING THE PRESENCE OF SUGGESTIVENESS IN [THE] IDENTIFICATION BY THE PRIVATE COMPLAINANT OF THE APPELLANT AS ONE OF HIS ABDUCTORS.III
THE COURT A QUO GRAVELY ERRED IN NOT FINDING [DEVINCIO] 'S WARRANTLESS ARREST AS ILLEGAL.IV
THE COURT A QUO GRAVELY ERRED IN NOT FINDING THAT [DEVINCIO]'S RIGHTS UNDER REPUBLIC ACT NO. 7438 (AN ACT DEFINING CERTAIN RIGHTS OF PERSONS ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF) WERE VIOLATED.14
THE TRIAL COURT GRAVELY ERRED IN CONVICTING [VICENTE] DESPITE THE PROSECUTION'S FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.15ChanRoblesVirtualawlibrary
ART. 267. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.
- If the kidnapping or detention shall have lasted more than three days.
- If it shall have been committed simulating public authority.
- If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.
- If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female, or a public officer.
When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.
Out-of-court identification is conducted by the police in various ways. It is done thru show-ups where the suspect alone is brought face to face with the witness for identification. It is done thru mug shots where photographs are shown to the witness to identify the suspect. It is also done thru line-ups where a witness identifies the suspect from a group of persons lined up for the purpose. Since corruption of out-of-court identification contaminates the integrity of in-court identification during the trial of the case, courts have fashioned out rules to assure its fairness and its compliance with the requirements of constitutional due process. In resolving the admissibility of and relying on out-of-court identification of suspects, courts have adopted the totality of circumstances test where they consider the following factors, viz.: (1) the witness' opportunity to view the criminal at the time of the crime; (2) the witness' degree of attention at that time; (3) the accuracy of any prior description given by the witness; (4) the level of certainty demonstrated by the witness at the identification; (5) the length of time between the crime and the identification; and, (6) the suggestiveness of the identification procedure. (Citation omitted.)
Cordero gave a detailed narration of his abduction that fateful night of April 20, 1999. We observed his demeanor, his reactions to questions asked of him. He was a careful witness, truthful and candid. At times, we noted that he was in tears at the painful recollection of the horror he went through. His story was supported by the evidence submitted.23
Common human experience tells us that when extraordinary circumstances take place, it is natural for persons to remember many of the important details. This Court has held that the most natural reaction of victims of criminal violence is to strive to see the features and faces of their assailants and observe the manner in which the crime is committed, xxx. All too often, the face of the assailant and his body movements create a lasting impression on the victim's mind and cannot thus be easily erased from his memory.
Eyewitness identification is often decisive of the conviction or acquittal of an accused. Identification of an accused through mug shots is one of the established procedures in pinning down criminals. However, to avoid charges of impermissible suggestion, there should be nothing in the photograph that would focus attention on a single person, x x x. (Citation omitted.)
Cordero They asked me to see a lineup and I said I was still very afraid of them so they showed me different photographs and asked if I co[u]ld identify who my abductors were and from a series of photos, I was able to identify Vicente Lugnasin, Celso Lugnasin, Elmer Madrid, Guerrero and I could not yet identify de Chaves but I saw him there walking around.28
[I]t is settled that an out-of-court identification does not necessarily foreclose the admissibility of an independent in-court identification and that, even assuming that an out-of-court identification was tainted with irregularity, the subsequent identification in court cured any flaw that may have attended it. xxx.29 (Citation omitted.)
An affirmative testimony merits greater weight than a negative one, especially when the former comes from a credible witness. Categorical and positive identification of an accused, without any showing of ill motive on the part of the witness testifying on the matter, prevails over alibi and denial, which are negative and self-serving evidence undeserving of real weight in law unless substantiated by clear and convincing evidence. (Citation omitted.)
At the outset, it is apparent that petitioner raised no objection to the irregularity of his arrest before his arraignment. Considering this and his active participation in the trial of the case, jurisprudence dictates that petitioner is deemed to have submitted to the jurisdiction of the trial court, thereby curing any defect in his arrest. An accused is estopped from assailing any irregularity of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before arraignment. Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.
In the present case, at the time of petitioner's arraignment, there was no objection raised as to the irregularity of his arrest. Thereafter, he actively participated in the proceedings before the trial court. In effect, he is deemed to have waived any perceived defect in his arrest and effectively submitted himself to the jurisdiction of the court trying his case. At any rate, the illegal arrest of an accused is not sufficient cause for setting aside a valid judgment rendered upon a sufficient complaint after a trial free from error. It will not even negate the validity of the conviction of the accused. (Citations omitted.)
With respect to appellant Devincio's argument that his rights under RA 7438 were violated while he was under custodial investigation, aside from his bare-faced claim, he has offered no evidence to sustain such claim; and appellant Devincio (or appellant Vicente, for that matter) has not executed an extrajudicial confession or admission for, as stated in People vs. Buluran and Valenzuela:
chanRoblesvirtualLawlibraryThere is no violation of the constitutional rights of the accused during custodial investigation since neither one executed an extrajudicial confession or admission. In fact, the records show that appellant Cielito Buluran opted to remain silent during custodial investigation. Any allegation of violation of rights during custodial investigation is relevant and material only to cases in which an extrajudicial admission or confession extracted from the accused becomes the basis of their conviction.34 (Citation omitted.)
Endnotes:
1Rollo, pp. 4-16; penned by Associate Justice Victoria Isabel A. Paredes with Associate Justices Japar B. Dimaampao and Elihu A. Ybanez concurring.
2 CA rollo, pp. 26-44; penned by Judge Monina A. Zenarosa.
3 Id. at 10.
4 Id. at 39-40.
5Rollo, p. 7.
6 Id. at 41.
7 Id. at 43-44.
8 Id. at 16.
9 Id. at 12.
10 Id. at 14.
11 Id. at 15.
12 Id. at 15-16.
13 Id. at 26-30.
14 CA rollo, pp. 249-250.
15 Id. at 356.
16 An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the Revised Penal Code, As Amended, Other Special Penal Laws, and for Other Purposes.
17 People v. Awid and Ganih, 635 Phil. 151, 158-159 (2010).
18People v. Basao, 697 Phil. 193, 208-209 (2012), citing Decasa v. Court of Appeals, 554 Phil. 160, 180 (2007) and Nueva Espana v. People, 499 Phil. 547, 556 (2005).
19 CA rollo, pp. 257-258.
20 Id. at 364-366.
21 319 Phil. 128, 180(1995).
22 CA rollo, p. 154; TSN, June 11, 2002, p. 16.
23 Id. at 41.
24Rollo, p. 13.cralawred
25 469 Phil. 558, 570-571 (2004).
26 439 Phil. 509, 524-525 (2002); CA rollo, p. 310.cralawred
27 CA rollo, p. 310.
28 Id. at 154; TSN, June 11, 2002, p. 16.
29People v. Sabangan, G.R. No. 191722, December 11, 2013, 712 SCRA 522, 548.
30 554 Phil. 415, 430 (2007).
31 Sec. 5. Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
32 CA rollo, pp. 260-263.
33 672 Phil. 191, 203 (2011).
34 Rollo, p. 15.
35People v. Con-ui, G.R. No. 205442, December 11, 2013, 712 SCRA 764, 774.
36People v. Pepino, 636 Phil. 297, 312 (2010).
37 People v. Con-ui, supra note 35 at 775.