G.R. No. 92600 January 18, 1993
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ORLANDO C. DULAY, defendant-appellant.

FACTS

On or about February 6, 1986, in Diffun, Quirino, accused Orlando Dulay, together with several unidentified individuals and a military man, conspired to kidnap Francisco Laurella, Fernando Pastor, Sr., and Fernando Pastor, Jr. The victims were forced into a vehicle, detained at Dulay’s residence (Lotus Garden) in Cabarruguis, Quirino, and subsequently killed with firearms. The Information alleged the aggravating circumstances of nighttime, by a band, with the aid of armed men, superior strength, and the use of motor vehicles. The prosecution’s case relied on multiple witnesses: Cristeta Pastor testified about threats against her husband, a UNIDO campaign manager; Jose Apolonio witnessed the abduction near the Diffun post office; Adelaida Valdez saw the victims that night; and guards at Lotus Garden (Leonardo Galapon, Noble Salvador, Ronnie Valdez) testified to seeing the victims detained there and described events leading to their killing, including Dulay’s presence and orders. Alvaro Mangoba, a provincial guard, saw the bloodied victims at the capitol and recalled a warning to Pastor, Sr. to stop campaigning for Cory Aquino as it angered Dulay. Sgt. Casiano Rumbaua saw the victims at Lotus Garden, was instructed by Dulay to get their names, and was told to provide guards. The evidence detailed that on the night of February 8, 1986, Dulay ordered Sgt. Gaa to take the elder Pastor away, and Dulay told Pastor, “this is your last night.” All three victims were taken away and killed. Their bodies, with gunshot wounds to the head, were found days later. Dulay denied the charges, claiming alibi and that the witnesses were coerced. He also escaped from custody at Camp Crame, which the court considered as flight indicating guilt.

ISSUE

Whether the evidence is sufficient to prove appellant Orlando Dulay’s guilt beyond reasonable doubt for the crime of Kidnapping with Multiple Murder.

RULING

Yes. The Supreme Court affirmed the conviction. The trial court’s reliance on the testimonies of prosecution witnesses was upheld as they were credible and consistent. The defense of alibi was rejected as it could not prevail over the positive identification by witnesses. The claim of witness coercion was unsupported. The court found that Dulay masterminded the kidnapping, detention, and killing. The killing was attended by evident premeditation and treachery (abuse of superior strength being absorbed by treachery). Dulay’s escape from custody was considered a circumstance tending to establish guilt. The penalty of Reclusion Perpetua was affirmed. The actual damages awarded to the heirs of each victim were increased from P30,000.00 to P50,000.00.