G.R. Nos. 105954-55 September 28, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENEO FAJARDO, SIMPLICIO ATIENZA, DOMINGO HINGGAN, GUILLERMO PANGANIBAN, JULIAN TERCERO, EUSTACIO ONATE, RUPERTO FAJARDO, BENIGNO LUMBRES, BONIFACIO DEMAPILIS, TIRSO MARANAN, QUINTIN FAJARDO, BEN NATIVIDAD and several JOHN DOES, accused, IRENEO FAJARDO, RUPERTO FAJARDO, accused-appellants.

FACTS

Accused Ireneo Fajardo, Ruperto Fajardo, and others were charged with Kidnapping for Ransom and Serious Illegal Detention. Only Ireneo Fajardo, Simpliciano Atienza, and Ruperto Fajardo were arraigned and tried; the others remained at large. Bonifacio Dimapilis died, and Simpliciano Atienza was acquitted. The Regional Trial Court convicted appellants Ireneo and Ruperto Fajardo and sentenced them to reclusion perpetua. The undisputed facts show that on November 15, 1986, Japanese executive Nobuyuki Wakaoji was abducted. Prosecution witness Ernesto Escobar testified that a convoy of cars carrying the executives was blocked by two cars, including a blue Toyota Cressida. Two men forcibly took Wakaoji from the lead car and shoved him into the Cressida, which sped away. A man, identified as appellant Ireneo Fajardo, was standing near the Cressida’s door. To prove detention, the trial court relied on witnesses Mario Palig and Jimmy Lasam, who testified that on November 25, 1986, in Batangas, they saw Wakaoji blindfolded and tied, being escorted by armed men, including appellant Ruperto Fajardo, from a house to a white car.

ISSUE

The appellants raised several assignments of error, which essentially challenge the credibility of prosecution witnesses, the admissibility of evidence, the finding of conspiracy, the sufficiency of identification, the rejection of their defense (including alibi), the denial of their motion for new trial, and the finding of guilt beyond reasonable doubt.

RULING

The Supreme Court found the appeal without merit. It held that the appellants’ allegations of procured and perjured witnesses were unsubstantiated. The positive identification of the appellants was upheld: Ireneo Fajardo was identified by Escobar as the man standing by the Cressida during the abduction, and Ruperto Fajardo was identified by Palig and Lasam as among the armed men escorting the detained victim. The Court found conspiracy based on the appellants’ collective and coordinated actions to abduct and detain the victim for ransom. The defense of alibi was properly rejected for being weak and not physically impossible. The denial of the motion for new trial was affirmed as the alleged newly discovered evidence (confessions by others) did not meet the requisites for a new trial. The Court, however, modified the trial court’s decision by deleting the order to return the $3,000,000.00 ransom, as restitution was not proper under the circumstances. The conviction was affirmed, and appellants were sentenced to reclusion perpetua.