G.R. No. 93409 May 8, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMONITO GELOTIN alias KUMANDER PUTOL, GERRY ALIMAN, AND TWO JOHN DOES, accused-appellants.

FACTS

On August 16, 1985, around 5:00 PM, five armed men arrived at the house of Fe Monton Vda. de Marcos in Mapuyo, Mobo, Masbate. Two were identified as accused Ramonito Gelotin alias “Kumander Putol” and Gerry Aliman alias Baludoy. Gelotin had a distinct amputated left arm. The men were looking for Fe’s husband, Romeo Marcos, who was plowing a field. Fe sent their son, Raquel, to fetch him. Upon Romeo’s arrival, Gelotin ordered him to approach the armed men. One man, at gunpoint, ordered Romeo to lie face down, bound his hands behind his back, and hit him with a gun butt. Gelotin ordered a search of the house for firearms, but none were found. When asked why they were tying Romeo, Gelotin replied it was because he was a military informer. Raquel was also hogtied. Around 6:00 PM, the armed men made Romeo stand, hit him, and forced him to walk towards the mountains of Barag. That was the last time Fe saw her husband. Two days later, Fe reported the kidnapping to the Philippine Constabulary detachment, identifying the kidnappers as members of the “Walang Patawad” group. A search team was dispatched but yielded no results. In December 1986, Gelotin surrendered to authorities, which was broadcast on local radio. Upon hearing this, Fe and Raquel went to the PC headquarters and positively identified Gelotin as one of the kidnappers, recognizing him by his amputated arm. A complaint for kidnapping was filed. Only Gelotin was arraigned, pleading not guilty. The Regional Trial Court found Gelotin guilty of kidnapping and sentenced him to reclusion perpetua, ordering him to pay the family of Romeo Marcos P30,000.00 as damages.

ISSUE

Whether the prosecution was able to establish positively and beyond reasonable doubt the identity of accused-appellant Ramonito Gelotin as one of the perpetrators of the kidnapping.

RULING

Yes. The Supreme Court affirmed the trial court’s decision, finding the prosecution established Gelotin’s identity beyond reasonable doubt. The positive identification by eyewitnesses Fe Monton Vda. de Marcos and Raquel Marcos, both the victim’s wife and son, was deemed convincing and sufficient. They identified Gelotin twice: first when he surrendered at the PC headquarters and second in open court. Their testimonies were corroborated by Gelotin’s distinct physical characteristic—his amputated left arm, which made him easily recognizable as “Kumander Putol.” The Court held that the traumatic nature of the incident left a lasting impression on the witnesses’ memories, making their identification reliable. The defense of alibi was rejected, as it cannot prevail over positive identification. The award of P30,000.00 was clarified as damages for the kidnapping itself, not for the victim’s death, as the crime charged was kidnapping only.