GR 122753; (September, 1998) (Digest)
G.R. No. 122753 September 7, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARINIO LUMIWAN, MARCOS GADDAWAN, MANAO BAWAGAN and MANUEL BAWISAL (at large), accused, CARINIO LUMIWAN, MARCOS GADDAWAN and MANAO BAWAGAN, accused-appellants.
FACTS
This is a joint decision on four consolidated cases: two for kidnapping and two for robbery in band. On September 16, 1992, accused Carinio Lumiwan, Marcos Gaddawan, Manao Bawagan, and Manuel Bawisal (at large) accosted 17-year-old Jonathan Carig, took P150.00 from him, and then proceeded to his family’s grocery store where they took items valued at P2,000.00. They then forced Carig and several companions to go to Mt. Simacbot, where they demanded a ransom of P100,000.00 for his release. On September 18, 1992, Lumiwan and Gaddawan went to Dam Site, San Placido, Roxas, Isabela, where they robbed Maria Asuncion of P6,800.00 and then kidnapped her and her two helpers, demanding a ransom of P200,000.00. Asuncion was later brought to the same mountain area where Carig was held. On September 19, 1992, PNP soldiers conducted a rescue operation, during which all victims escaped. The accused were later arrested on separate dates. During trial, each accused-appellant set up an alibi and claimed their admissions were extracted through police torture. The trial court convicted them.
ISSUE
1. Whether the evidence is sufficient to identify the accused-appellants as the perpetrators of the crimes charged.
2. Whether they were manhandled by their arresting officers to vitiate and nullify their admissions.
RULING
The Supreme Court modified the trial court’s decision. It held that the positive identification by the victims outweighed the accused-appellants’ denial and alibi. For the kidnapping of Jonathan Carig (Crim. Case No. 377), all three accused-appellants were found guilty and sentenced to reclusion perpetua. For the kidnapping of Maria Asuncion (Crim. Case No. 375), only Lumiwan and Gaddawan were found guilty and sentenced to reclusion perpetua; Bawagan was acquitted on reasonable doubt. For the robbery of Carig (Crim. Case No. 376), all three were found guilty of robbery in band and sentenced to an indeterminate penalty. For the robbery of Asuncion (Crim. Case No. 378), Lumiwan and Gaddawan were found guilty of simple robbery and sentenced to an indeterminate penalty; Bawagan was acquitted. The Court ordered the accused-appellants to pay jointly and severally P50,000.00 as moral damages to each victim and deleted the award of exemplary damages.