PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

MERCY SANTOS
y ENTIENZA, accused-appellant.
DECISION
PANGANIBAN, J.:

Even though the extrajudicial confession is excluded for having been extracted in
violation of the Constitution, the Court holds that appellant may nonetheless be
convicted on the basis of the remaining evidence clearly showing her liability for
kidnapping. The Court also reiterates these rules: (1) the assessment of the credibility of
witnesses and their testimonies is best left to the discretion of the trial court; and (2)
bare denials cannot overturn the positive and straightforward testimonies of witnesses
who are not shown to have any ill motive in testifying against the accused.
The Case
The foregoing summarizes the Courts ruling on this appeal from the Decision,
dated October 3, 1994, of the Regional Trial Court of Quezon City, Branch 96, in
Criminal Case No. Q-93-42733, convicting Appellant Mercy Santos y Entienza of
kidnapping.
[1]

In the Information dated March 25, 1993 filed by Assistant Quezon City Prosecutor
Medardo H. Palomaria, appellant was charged as follows:
[2]

That on or about the 8th day of March, 1993, in Quezon City, Philippines, the
abovenamed accused, conspiring, confederating with four (4) other persons whose
true names, identities, whereabouts and other personal circumstance have not yet been
ascertained and mutually helping one another, did, then and there wilfully, unlawfully
and feloniously kidnap one CHARMAINE MAMARIL, a female, a minor, 7 years of
age, represented herein by her mother, RAQUEL MAMARIL, from her school at
Kaligayahan Elementary School located at Rivera Compound, Barangay Kaligayahan,
Novaliches, Quezon City, and brought her to a house at No. 8 G Araneta Avenue, Sto.
Domingo, Quezon City, on March 13, 1993, thereby illegally detaining her for five (5)
days, to her damage and prejudice.
With the assistance of Atty. Noel Ocampo of the Public Attorneys Office, she
pleaded not guilty to the charge during the arraignment. A pre-trial conference was
[3]

conducted on June 2, 1993, but no stipulation or agreement was arrived at. After trial,
the court a quo rendered the assailed Decision, the decretal portion of which reads:
[4]

[5]

WHEREFORE, judgment is hereby rendered finding the accused MERCY SANTOS

y ENTIENZA guilty beyond reasonable doubt of the crime of KIDNAPPING AND
SERIOUS ILLEGAL DETENTION and sentencing her to suffer reclusin perpetua; to
indemnify the victim CHARMAINE MAMARIL, her parents, and members of her
family, represented by her mother, RAQUEL MAMARIL, in the sum of Pesos: One
Hundred Thousand (P100,000.00); and to pay the costs of suit.
Hence, this appeal.

[6]

The Facts
Version of the Prosecution
The trial court narrated the facts of this case as presented by the prosecution:

[7]

Charmaine Mamaril, a kindergarten pupil, was brought to school, the Kaligayahan

Elementary School, in Novaliches, Quezon City by her mother, Raquel Mamaril, at
noontime on March 8, 1993. Raquel left Charmaine in her classroom with her
classmates but stayed awhile, going home only after 12:30 p.m. She would be going
back for Charmaine, according to her daily routine, at 2:00 p.m. When she returned to
fetch Charmaine before 2:30 p.m., Charmaines teacher Ms. Grace Lucena, met and
asked her if the child had already reached home; Raquel replied that Charmaine did
not know the way home. She then looked for her child in school until someone
informed her that a woman had earlier fetched her daughter. She immediately reported
the matter to the police authorities stationed in Novaliches at around 3:00 p.m. and
then to the National Bureau of Investigations the next day; she also approached radio
and television stations for help. She and her family conducted their own search from
then until her daughter was finally found on March 13, 1993.
Raquel recounted how her child was recovered. According to her, a police sergeant
came to her house on March 13, 1993 and asked for her; he told her to
contact Kagawad Aida Bautista of Sto. Domingo. When contacted, Bautista informed
her that a child named Charmaine was with her; Raquel immediately went to Bautista
with some identification papers of Charmaine, and the child was turned over to her
after showing the birth certificate. This occurred on a Saturday.

Although Charmaines kidnapper was not immediately caught, the matter did not end
with the return of Charmaine to her familys bosom. Two days later, on Monday,
Bautista telephoned Raquel to tell her that the woman, a certain Mercy Santos, had
returned to her place to claim Charmaine.Raquel wasted no time notifying NBI Agent
Roel Jovenir, who, in turn and with other NBI agents, accompanied by Raquel and her
husband, proceeded to Bautistas place and arrested Santos.
Following the arrest of Santos, the kidnapping was investigated at the NBI office,
where Raquel gave her written statement.
Bautista recalled that she was at the store on No. 719 Quezon Avenue, Quezon City on
March 9, 1993 when, at around 2:00 p.m., a woman approached and asked if she
could leave her child with her; that she told the woman to just leave the child at the
bench of the store; that the woman then left the child there; that when it was already
7:00 p.m. and the woman had not yet returned, she became worried for the child and
reported the matter to the Barangay Chairman who also reported it to Eagle Base, the
base of the Barangay officials; that on March 12, 1993, she read from a newspaper
about a child who was kidnapped in Novaliches; that she immediately called up the
Novaliches police sub-station to know more about the kidnapping; that when the
childs mother later phoned her on March 13, 1993, she required the caller to bring the
birth certificate of the child for identification, that later that day, the child was
returned to her parents in the presence of Barangay Chairman Jose Valdez, the
reporter of Pinoy and a barangay tanod; that on March 15, 1993, the woman who had
left the child returned for her; that she called up the childs parents to tell them about
this; and that soon, three NBI agents, including one named Roel, came with the
parents of the child and, after talking to the woman, arrested her.
The victim, Charmaine, aged 7 years, declared that Mercy Santos took her; that she
was seated and crying in school when Mercy waved for her to draw near; that after
she approached, Mercy promised to give her a surprise if she went with her to a big
house where there were many children; that she went with Mercy and was brought to
a big house with many children; that she and Mercy slept there; that Mercy later
brought her to the store owned by Ate Tina; and that Ate Tina later brought her to a
house where she saw her daddy.
Roel Jovenir was assigned as special investigator of the Anti-Fraud and Action
Division of the NBI from April 18, 1992 to June 1, 1993, whose duties included the

conduct of surveillance, making arrests, and investigating and filing cases involving
violations of laws, like the Revised Penal Code. He testified that on March 9, 1993,
Raquel Mamaril filed her written complaint at the NBI offices against an unidentified
woman for allegedly kidnapping her daughter on March 8, 1993; that although
Raquels statement was taken only on March 15, 1993, the NBI were already
conducting their investigation and surveillance of the kidnapping incident in the
vicinity of Kaligayahan Elementary School since the filing of the complaint; that on
March 13, 1993, Raquel called to tell him about the child being under the custody of
Bautista; that he and the childs parents rushed to Bautistas place and rescued the child;
that on March 15, 1993, Raquel again called up to inform him that the suspected
kidnapper had gone back to Bautistas place to fetch the child; that in the company of
other NBI operatives, namely, Agents Arnel Azul, SPO1 Rodrigo Mapoy, and
Emeterio Armada, he proceeded to the Bautista house and waited for the suspect to
return; that they arrested the suspect upon her return and brought her to the NBI; that
the suspect was Mercy Santos; that Santos was investigated in the presence of
counsel, Atty. Gordon Uy, after she was informed of her rights under the Constitution;
that she executed and signed a statement, on the occasion of which she admitted the
kidnapping; that during the investigation by question and answer, Atty. Uy would raise
objections by cautioning Santos against answering, in which case the objection and
the question objected to were not anymore typed in the statement; and that
photographs were taken of Charmaine and the accused during the confrontation.
Version of the Defense
Appearing as the lone witness for the defense, appellant denied the prosecutions
allegations and insisted that her extrajudicial confession was extracted in violation of her
constitutional rights. The trial court related her version of the facts, as follows:
[8]

The accused testified in her own behalf on November 24, 1993. She stated that she
was arrested by NBI Agent Jovenir on March 15, 1993 at Araneta Avenue, Talayan
Village, Quezon City, at the residence of Aida Bautista; that she was at Bautistas
house because her friend named Elsa had asked her to fetch Charmaine at that place;
that she did not know the surname of Elsa, but Elsa lived on Tops Street, Talayan; that
she had come with Elsa from Novaliches; that Elsa had left Charmaine at Bautistas
place and later requested her to fetch the child; that Elsa was a nightclub dancer whom
she had known for two years; that she was not the woman whom Bautista said had left
Charmaine at the store; that she was not able to confer with any Atty. Uy and she

might have merely signed the affidavit; that she did not know Atty. Uy; and that she
signed Exhibit C only because she was threatened by NBI Agent Rodrigo Mapoy and
was maltreated.
Ruling of the Trial Court
The trial court convicted appellant of kidnapping and serious illegal detention. It
observed that appellants identification by the victim and by Witness Bautista was
positive and unassailable. Their testimonies were straightforward and unhesitating,
especially in their identification of the appellant as the kidnapper. The evidence on
appellants direct and personal participation in the crime was absolutely credible,
trustworthy and sincere.
The trial court rejected appellants explanation that she was merely fetching the
victim upon her friends request. It was incredible that her friend would refuse to testify
on her behalf, if this allegation were true, considering the gravity of the charge leveled
against her.
Besides, the trial court considered her extrajudicial confession more than sufficient
evidence of her guilt. Such confession was declared as competent evidence against
her, despite her denials of having given it and her claims of duress and intimidation. Its
voluntariness was sufficiently proven, as it was given after she was apprised of her
constitutional rights with the assistance of her counsel of choice, a certain Atty. Gordon
Uy. Her subsequent retraction during the trial was rejected as a flimsy machination to
extricate herself from criminal liability.
The Issues
The appellant assigns the following errors against the trial court:

[9]

The trial court gravely erred in giving full weight and credence to the incredible,
unworthy and unreliable testimonies of the prosecution witnesses and in disregarding
the theory of the defense.
II

The trial court gravely erred in not giving credence to the defense of denial raised by
the accused Mercy Santos.

III

The trial court gravely erred in admitting in evidence the extra-judicial confession of
the accused despite the fact that it was elicited in violation of the exclusionary rule on
evidence.
IV

The trial court gravely erred in convicting the accused-appellant despite failure of the
prosecution to prove his (sic) guilt beyond reasonable doubt.
For clarity and convenience, the Court will tackle the issues in the following
order: (1) admissibility of the extrajudicial confession, (2) credibility of witnesses and
appellants denial, and (3) sufficiency of evidence.
The Courts Ruling
The Court rejects the appeal. Although the extrajudicial confession is inadmissible
in evidence, there are, apart from said confession, other credible and competent pieces
of evidence to establish her guilt beyond reasonable doubt.
First Issue: Extrajudicial Confession Inadmissible
A confession is not admissible in evidence unless the prosecution satisfactorily
shows that it was obtained within the limits imposed by the 1987 Constitution. Section
12, Article III thereof, provides:
(1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.

xxx xxx xxx

(3) Any confession or admission obtained in violation of this or section 17 hereof shall
be inadmissible in evidence against him.

If the extrajudicial confession satisfies these constitutional standards, it is

subsequently tested for voluntariness, i.e., if it was given freely -- without coercion,
intimidation, inducement, or false promises; and credibility, i.e., if it was consistent with
the normal experience of mankind.
[10]

[11]

A confession that meets all the foregoing requisites constitutes evidence of a high
order because no person of normal mind will knowingly and deliberately confess to be
the perpetrator of a crime unless prompted by truth and conscience. Otherwise, it is
disregarded in accordance with the cold objectivity of the exclusionary
rule. Consequently, the burden of evidence to show that it was obtained through undue
pressure, threat or intimidation shifts to the accused.
[12]

[13]

As proof of alleged compliance with the constitutional standards, the extrajudicial

confession contains the following statements:
01. TANONG: Bb. MERCY SANTOS Y ENTIENZA, ikaw ay iimbesigahan namin sa
pagkakasangkot mo sa kasong kidnapping, bago kami magpatuloy sa pagsisiyasat
na ito ay nais naming ipaalam sa iyo and iyong mga karapatan sa ilalim ng ating
Saligang Batas. Ikaw ay may karapatang manahimik at di magpahayag ng
anumang salaysay kung nais mo, naiintindihan mo ba ito?
SAGOT: Opo sir.
02. T: Ikaw ay mayroon ding karapatan na kumuha at tulungan ng isang abogado na
pili mo upang umasiste sa iyo sa pagsisiyasat na ito. Kung hindi mo naman
kayang bumayad ng serbisyo ng isang abogado ay ikaw ay bibigyan namin ng isa
na siyang tutulong sa iyo sa pagsisiyasat na ito ng walang bayad, naiintindihan mo
ba ito?
S: Opo sir.
03. T: Ngayon, ikaw ba ay mayroong abogado na sarili mong pili para tumulong sa iyo
sa pagsisiyasat na ito?
S: Opo sir, Nandito ang aking abogado si ATTY. GORDON UY na siyang tutulong sa
akin sa pagsisiyasat na ito. [14]

These questions and the corresponding responses thereto are insufficient proof of
compliance with the constitutional requirements. They are terse and perfunctory
statements which do not evince a clear and sufficient effort to inform and explain to
appellant her constitutional rights, much less satisfy the constitutional prerequisites. The
right of a person under custodial investigation to be informed of his rights entails an
effective communication that results in an understanding thereof. Any effort falling short
of this standard is a denial of this right.
[15]

Furthermore, in People vs. Deniega, the Court disbelieved the typewritten

statements in the extrajudicial confessions to the effect that the accused was properly
apprised of his constitutional rights, in view of the glaring inconsistencies in said
[16]

documents and the token participation therein by the lawyers assigned to the
accused. The Court declared:
[17]

The desired role of counsel in the process of custodial investigation is rendered

meaningless if the lawyer merely gives perfunctory advice as opposed to a meaningful
advocacy of the rights of the person undergoing questioning. If the advice given is so
cursory as to be useless, voluntariness is impaired. If the lawyers role is reduced to
being that of a mere witness to the signing of a pre-prepared document albeit
indicating therein compliance with the accuseds constitutional rights, the
constitutional standard guaranteed by Article III, Section 12(1) is not met. The process
above-described fulfills the prophylactic purpose of the constitutional provision by
avoiding the pernicious practice of extorting false or coerced admissions or
confessions from the lips of the person undergoing interrogation for the commission
of the offense and ensuring that the accuseds waiver if his right to self incrimination
during the investigation is an informed one in all aspects.
Thus, the trial court erred in admitting appellants extrajudicial confession without
showing that Atty. Gordon Uy was indeed the competent and independent counsel of
appellants own choosing. The Court notes appellants insistent and persistent
disavowals of knowing said Atty. Uy, much less of retaining him as her counsel of
choice. The prosecution, for unexplained reasons, failed to present Uy as a witness to
show his role in the taking of the alleged confession.
In view of such default, the Court disagrees with this holding of the trial court:

The circumstances of the investigation, to begin with determine the compliance with
the right to counsel provision. Where, as in the instant case, the accused is shown to
have accepted the representation and assistance of the counsel during the
investigation, he may not easily subsequently retract acceptance and disavow counsel
during the trial on the flimsy excuse that counsel was not an acquaintance. xxxx
xxxxxxxxx

The accused need not expressly assent to the representation and assistance of her
counsel. Her acquiescence sufficed. xxxx
The accused should further be instructed that her failure to object to the representation
and assistance of Atty. Uy as her counsel has precluded her from complaining. She
could have easily objected at any time but apparently did not. For her to assert now

that she could not have done so or that she was not enabled to do so is not credible, it
being shown satisfactorily in the records that she was far from prevented during the
investigation from doing so. xxx. (Emphases found in the original.)
[18]

No presumption of constitutionality may be accorded any extrajudicial confession

until the prosecution convincingly establishes the regularity of its taking and its
compliance with the Constitution. This is the price the prosecution has to pay before it
can be allowed to use such formidable evidence against the accused.
Therefore, the trial court had no basis for ruling that Atty. Uy rendered independent
and competent assistance to her as her counsel of choice during the investigation. The
extrajudicial confession must be struck down as inadmissible in evidence for failure of
the prosecution to establish observance of appellants constitutional rights during
custodial investigation. Specifically, the prosecution failed to show that appellant was, at
that time, assisted by competent and independent counsel preferably of her own choice.
Second Issue: Credibility of Witnesses vs. Denial
The Court is not persuaded by appellants posturing that Witness Bautistas
testimony is unworthy of credence for being of doubtful veracity. The defense insists
that Bautista and appellant met for the first time at the formers house and harps on the
fact that appellant, who was not even informed of Bautistas address, went to said house
only upon the request of appellants friend, Elsa. Further, the defense brands as illogical
appellants act of leaving her victim at the hands of a third person, considering that the
prosecution depicted her in the extrajudicial confession as a seasoned
kidnapper. Returning to Bautistas house to regain custody of the victim, which was
practically surrendering herself to the authorities, would have been the last thing a
seasoned kidnapper would do, appellant contends.
These arguments do not persuade us. They are mere denials which become sterile
in comparison with the firm and clear declarations of Bautista, who identified appellant
as the person who left Charmaine with her and who fetched the child days after. The
trial court correctly held that appellants uncorroborated denial was a negative assertion
that was inferior to the positive declarations of the prosecution witnesses. Besides,
there appears to be no ill motive for Bautista and the victim to accuse appellant of such
a grave crime, if the same were not true. Thus, the trial court properly lent credence to
their testimony. All in all, this Court has not been given sufficient reason to deviate
from the time-honored rule that the assessment of the credibility of witnesses and their
testimonies is best left to the discretion of the trial judge.
[19]

[20]

Third Issue: Sufficient Evidence for Conviction

The prosecution has established the elements of kidnapping under Article 267,
paragraph 4 of the Revised Penal Code, namely: (1) the offender is a private individual;
(2) he kidnaps or detains another, or in any other manner deprives the latter of his or
her liberty; (3) the act of detention or kidnapping is illegal; and (4) the person kidnapped
or detained is a minor, female or a public officer.
[21]

The prosecution proved that appellant was not a public officer; that she took the
victim from the Kaligayahan Elementary School in Novaliches without the knowledge
and consent, and against the wishes of her parents; and that the victim was a minor,
having been only seven years old at the time.
The element of deprivation of liberty and the identity of her abductor are clearly
established in the victims testimony:
[22]

"Q. On March 8, 1993, can you recall if you went to school?

A. Yes, sir.
Q. Can you remember if there is anything that happened to you on that day?
A. Yes, sir.
Q. What was that which happened to you?
A. She took me, sir.
Q. When you said she took me, whom are you referring to?
A. Mercy Santos, sir.
Q. If Mercy Santos is in court, can you point her out?
A. Yes, sir. (witness pointing to a person seated on the second bench)

xxx xxx xxx

Pros. Bringas:
Now, Charmaine you stated awhile ago that Mercy Santos took you, how was she
able to get you, when Marcy Santos took you, how did she do it?
A. I was left in a store to a certain Mrs...

xxx xxx xxx

Q. From what place did Mercy get you?

A. At the school sir.
Q. How was she able to get you? I am withdrawing the question. Do you know Mercy
previous to that day?
A. Yes, sir.
Q. How did you know her?
A. When I met her at a big house I cried and a man whipped me with a piece of rope.
Q. Before Mercy took you from your school, where was she?
A. This Mercy was standing while I was seated and crying.
Q. Did Mercy call you?
A. Yes, sir.
Q. Why did she call you?
A. She waved me over to go to her.
Q. Did you go to her?
A. Yes, sir she told me there is a surprise for me.
Q. Do you know the reason why there was a surprise for you?
A. Yes, sir.
Q. What was the reason?
A. She told me that she will bring me to a big house were [sic] there were many
children?

xxxx xxx xxx

Q. After you went there, where else did you go, if any?
A. When I was brought to the big house, Mercy and I are and then I slept then after
sleeping, I was brought to the store." [sic]

The fact that the victim initially agreed to go with appellant does not remove the
element of deprivation of liberty because the victim went with her on false inducement,
without which the victim would not have done so. Besides, the minor was distraught
because her mother was late in fetching her from school, and she did not know the way
to her house. It must have been a comfort to her that a grown-up who could bring her
home asked about her situation. As the trial court said:
[23]

The crime committed is of the most serious nature, involving a defenseless minor of
seven years of age whom the accused enticed with her promise of a gift. The accused
thereby deprived the child of her personal liberty and endangered her life. In addition,
the child was forcibly taken away from the midst of her family, causing to them,
particularly her parents, much pain, anxiety, anger, and wounded feelings in
them. That the minor was subsequently saved from the clutches of the accused and of
her cohorts did not diminish a bit the criminal and civil responsibility of the accused,
for, even if the deliverance of the victim was due to the overconfidence of the
accused, her degree of criminality still evinced her high malevolence and abject
disregard of the rights and safety of the child. xxx.
The victim was actually locked up inside what she referred to as the big
house. Although her detention there lasted only one night, the trial court held that the
victim was actually deprived of her liberty for five days, including the four-day period
when she was already in the custody of Bautista. It must be stressed that appellant was
charged and convicted under Article 267, paragraph 4 of the Revised Penal
Code. Under this provision, it is not the duration of deprivation of liberty which is
important, but the fact that the victim, a minor, was locked up. Furthermore, it bears
emphasis that appellant did not merely take Charmaine to the big house against her
will; she in fact detained Charmaine and deprived her of her liberty. The Spanish
version of Article 267 of the Revised Penal Code uses the terms lockup (encerrar)
rather than kidnap (secuestrar or raptar). Lockup is included in the broader term
detention, which refers not only to the placing of a person in an enclosure which he
cannot leave, but also to any other deprivation of liberty. To repeat, the prosecution
clearly established lockup in this case.
[24]

[25]

Damages
The trial court awarded one hundred thousand pesos as moral damages in favor of
the victim and her parents. This is contrary to the Courts consistent holding that the
grant of moral damages requires factual basis. The records are bereft of any evidence
that the victim and her parents ever claimed moral damages, or that they were entitled
to such an award.
[26]

WHEREFORE, the assailed Decision is hereby AFFIRMED but the award of moral
damages is DELETED for want of evidence.
SO ORDERED.
Narvasa, C.J., (Chairman), Romero, Melo, and Francisco, JJ., concur.