91 - People Vs Castillo

Section 132 Presentation of Evidence Evidence - Case no.
91
Section 9 Recalling Witness
G.R. No. L-16941 October 29, 1968 On account of the kidnapping, three(3) cases, filed one after
another, were instituted by the Government against the
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, known suspects. We are presently concerned only with the
vs. last of these cases, which has culminated in this appeal. But
MATEO DEL CASTILLO, ET AL., defendants, for a better understanding of this case, We have to make
JOSE ESTRADA, defendant-appellant. mention of them all in passing. And for this purpose, the
statement made by the trial court in the decision appealed
This is a review, on appeal by accused Jose Estrada, of from will suffice.
Criminal Case No. 213-G of the Court of First Instance of (a) The First Case. Criminal Case No. 137-G.
Quezon, wherein the death sentence was imposed upon the The first charge was a complaint initiated on March 11,
said accused by the court a quo in its decision dated 1956, by Lt. Lucas B. Apolonio of the 38th PC Company
February 11, 1960, the dispositive portion of which reads as stationed at Gumaca and lodged with the justice of the
follows: peace court of Gumaca which upon elevation to this Court
PREMISED on the foregoing considerations the Court hereby became Crim. Case No. 137-G for the complex crime of
finds the accused Jose Estrada GUILTY beyond reasonable rebellion with kidnapping in which the information was filed
doubt of the crime of kidnapping for ransom as defined and by Assistant Provincial Filed Severino I. Villafranca on April
punished by Article 267 of the Revised Penal Code, as 24, 1956.
ultimately amended by Republic Act No. 1084, with the On June 4, 1956, Fiscal Villafranca amended his first
aggravating circumstance of abuse of public office (he being information to name Arcadio Talavera as Lt. Alcantara in the
then municipal councilor of Gumaca), without any mitigating assumption that Lt. Alcantara was Arcadio Talavera.
circumstance to offset it, and hereby sentences him to die Later on and after the Luis Taruc case was decided by the
by electrocution as provided by law, ordering his heirs after Supreme Court to the effect that there was no such complex
his execution, to indemnify Elvira Taada Principe or her crime of rebellion with kidnapping, Fiscal Villafranca moved
heirs in case of her death, in the amount of P50,000.00, and the Court to permit him to amend his information and to
to pay the costs. charge the accused separately, one information for the
For a prefatory statement of the background facts of the crime of kidnapping for ransom.
case, the details of which shall be set forth later as We On June 26, 1956, a second amended information in
review the evidence, the following antecedents need be Criminal Case No. 137-G was filed by Fiscal Villafranca
stated. charging all the accused headed by Arcadio Talavera alias
In the afternoon of February 27, 1956, Mrs. Elvira Taada de Lt. Alcantara with the simple crime of rebellion.
Principe, a young, prominent patron of Gumaca, Quezon, a On August 26, 1956, a third information was filed by Fiscal
member of the rich, well known Principe family, was Villafranca eliminating Arcadio Talavera from the information
kidnapped by a band of Hukbalahaps, headed by one but adding Lt. Alcantara as one of the accused. The crime
Commander Pepe Alcantara. She was detained for 18 days charged was still for the crime of rebellion.
in the Huk lairs deep in the mountains of the Bondoc The record shows that this third amended information was
Peninsula, and was released only upon payment of a ransom provisionally dismissed by the Court on October 16, 1956,
of P50,000.00. on the petition of Fiscal Villafranca and Special Prosecutor
DAZZLE DUTERTE 1
Section 132 Presentation of Evidence Evidence - Case no. 91
Capilitan on the ground that the evidence against the two Eufemio A. Caparros for insufficiency of evidence.
accused Doroteo Edungan and Buenaventura Miel, who were On February 26, 1958, the accused Quirino Ravela alias de
then the only accused placed in the custody of the law for Leon pleaded guilty as accessory after the fact in the crime
rebellion, were not sufficient to convict them of rebellion. of kidnapping for ransom of Elvira Taada and was
The record further shows that the entire case was sentenced accordingly.
provisionally dismissed on the ground that the rest of the On February 1, 1960, the accused Clodualdo Camacho
accused had not yet been arrested, subject to the proviso pleaded guilty as accessory after the fact and was
that any time the case may be revived for rebellion against sentenced accordingly.
those that might be arrested later. This Case No. 137-G is Isidro Alpay alias Commander Bulaklak, Domingo America
therefore a closed case, at least provisionally as a case for alias Laguimay, Ireneo Capisonda alias Erning alias Lope,
rebellion. Benjamin de Jesus @ Amin, Ben Ramirez @ Ben, Pedro
(b) The Second Case. Criminal Case No. 164-G, for Martinez @ Pedro, Santiago Napoles @ Nomver, @ Jaime @
Kidnapping for Ransom. Jimmy @ Jimay, @ Gelacio @ Elioso, @ Liwayway, @ Berna,
On June 26, 1956, Assistant Provincial Fiscal Villafranca filed @ Timoteo, @ Juan, @ De Guzman, @ Torres, @ Valencia, @
a separate information for the kidnapping for ransom of Bayas and @ Ladres have not yet been placed in the
Elvira Taada de Principe, naming the thirty-three accused in custody of the law. On February 27, 1958, the case against
Crim. Case No. 137-G as defendants. This case was those who are still at large was dismissed provisionally.
docketed as Criminal Case No. 164. The accused Alfredo Reyes @ Commander Fred, Emiliano
The record shows that on August 17, 1956, this Court upon Blasco @ Commander Emy, Rodrigo @ Commander Tony,
petition of Provincial Fiscal Jose O. Lardizabal dismissed the Victoriano Dayunot @ Torio and Panfilo Rosales @ Predo @
case against Arcadio Talavera as Lt. Alcantara and Provincial Banaag are all reported dead.
Fiscal Lardizabal filed an amended information on August For all purposes therefore, Case No. 164-G may be
16, 1956, against Lt. Alcantara and the thirty-two persons considered a terminated case.
named in the first information. In other words, Arcadio (c) The Third Case. Crim. Case No. 213-G, for Kidnapping
Talavera alias Lt. Alcantara was eliminated but Lt. Alcantara for Ransom.
was continued in his stead. On October 10, 1956, a third case was filed by a special
The accused Antonio Campaniero alias Nelson de Rosas was prosecutor from the Department of Justice, Antonio O.
discharged from thisinformation to be utilized as witness for Capilitan, after the surrender of some of the Huks who
the government in Crim. Case No. 213-G. participated in the kidnapping of Elvira Taada de Principe.
The case against Buenaventura Miel was dismissed on In this third case, the special prosecutor accused Mateo del
March 19, 1957, for insufficiency of evidence. Castillo, Jose Estrada and Julio Ceribo and several others
The case against Gonzalo Mallare alias Commander Romy under assumed names or aliases of kidnapping for ransom
was dismissed on December 5, 1957, for insufficiency of and this case was docketed as Crim. Case No. 213-G. This is
evidence. now the case under consideration of the Court in which the
On February 25, 1958, the case against Doroteo Edungan accused Jose Estrada was the only accused tried by the
was dismissed upon petition of Special Prosecutor Victor Court.
Santillan and Artemio Alejo and of Assistant Provincial Fiscal The accused Jose Ceribo was discharged from this case to
DAZZLE DUTERTE 2
be utilized as witness for the government. RODRIGO DOE Comdr TONY, (10) CLODUALDO CAMACHO @
The accused Mateo del Castillo has been reported dead. EFREN, (11) VICTORIANO DAYUNOT @ TORIO, (12) IRINEO
The accused Romaguerra Doe @ Romaguerra was identified CAPISONDA @ ERNING, (13) DOROTEO EDUNGAN @ DOROT,
as Francisco Rabi and Heling Doe @ Heling was identified as (14) BUENAVENTURA MIEL @ TURA, (15) BENJAMIN DE JESUS
Angel Veran. They both pleaded guilty upon their @ AMIN, (16) BEN RAMIREZ @ BEN, (17) PEDRO MARTINEZ
arraignment on February 1, 1960, as accessory and were @ PEDRO, (18) SANTIAGO NAPOLES @ NOMER, (19) PANFILO
sentenced accordingly. ROSALES @ FREDO @ BANAAG, (20) ANTONIO CAMPANIERO
The accused Pete Doe @ Pete and William Doe @ William @ NELSON DE ROSAS, (21) @ JAIME @ JIMMY @ JlMAY, (22)
were identified as Francisco Lisay and Quintin Magdaong. @ GELACIO @ ELIOSO, (23) @ LIWAYWAY, (24) @ BERNA,
They also both pleaded guilty as accessory and were (25) @ TIMOTEO, (26) @ JUAN, (27) @ DE DUZMAN, (28) @
sentenced accordingly. MENDOZA, (29) @ DE LEON, (30) @ TORRES, already
The accused Carding Doe @ Carding is reported dead. charged with Kidnapping in Criminal Case No. 164-G, under
As to the other accused, Teddy Doe @ Teddy, Nato Doe @ the same facts herein charged, conspiring and
Nato, Mike Doe @ Mike, Inso Doe @ Inso, Essi Doe @ Essi, confederating and mutually helping each other, did then and
Kaloy Doe @ Kaloy, Loring Doe @ Loring, and John Doe, they there wilfully, unlawfully, and feloniously through force,
are still at large and have not yet been placed under arrest. threats and intimidation, kidnap ELVIRA TAADA DE
During the trial of this case No. 213-G the defense of PRINCIPE and CARMEN NOCETO, take and carry them away
Estrada asserted that the accused Lt. Alcantara was already from their dwellings to an uninhabited far distant forest in
in the custody of the Philippine Constabulary and was the mountain of Bondoc Peninsula for 18 days confinement
subpoenaed as witness for the defense but under their custody and control for the purpose of
notwithstandingthe efforts of the Court this accused has not demanding ransom in the amount of FIFTY THOUSAND
been produced by the authorities. He is still charged in Crim. PESOS (P50,000.00) Philippine currency, which the said
Case No. 213-G but his case has not yet been set for Accused did in fact receive on the 16th day of March 1956 in
hearing. consideration of which amount said kidnapped persons were
The foregoing statement of the genesis of Criminal Case No. released to the damage and prejudice of the said offended
213-G explains why the decision appealed from concerns parties in the said amount.
only Jose Estrada (herein appellant). That the following aggravating circumstances are present in
Accused Jose Estrada was tried alone by the court below the commission of the offense:
under the corresponding information, alleging as follows: (1) Superior strength; (2) in band; (3) use of unlicensed
That on or about the 27th day of February, 1956, in the firearms; (4) in an uninhabited place; and (5) use of Army
municipality of Gumaca, Province of Quezon, Philippines and uniforms and other insignias for disguise.
within the jurisdiction of this Honorable Court, the Upon arraignment on November 27, 1956, accused Jose
aforementioned Accused, together with (1) LT. ALCANTARA, Estrada refused to make any plea to the information against
(2) ROMY DOE @ Comdr ROMEO, (3) JOSE MALUBAY @ him; hence, the trial court entered for him a plea of "not
Comdr PEPE, (4) GALICANO MANAOG @ Comdr BULAKLAK, guilty." His petition for bail had been denied; and since then,
(6) DOMINADOR AMERICA @ LAGUIMAY, (7) ALFREDO REYES Jose Estrada has remained in confinement.
@ Comdr FRED, (8) EMILIANO BLASCO @ Comdr EMMY, (9) Our own examination of the record revealed that the case of
DAZZLE DUTERTE 3
the People was established thru the testimonies of 12 running, however, when the firing ceased; and soon other
prosecution witnesses, namely: Elvira Taada de Principe persons came running towards them and joined their group.
and Carmen Noceto, the kidnap victims; Reynaldo Principe, One of them gave Elvira a pair of shoes and stockings. She
Elvira's husband; Marciano Principe, Reynaldo's father; Petra put them on before they continued their way, deeper into
Maego, Basilio Angulo, Beato Glinoga and Jesus Letargo the mountain. The leader ordered two of his men to buy
who all had something to do with the negotiations between bread for Elvira, but they were not able to buy any. Instead,
the kidnappers and the family of the victims, which led to she was given candy. Then they continued walking all
their subsequent release of the kidnapped victims; Antonio through the night stopping only at midday of the 28th of
Campaniero and Julio Ceribo who were both discharged from February when they reached a sawmill site. From there, they
the information to be utilized as state witnesses; Gonzalo continued walking again at dawn of the following day until
Mallare, as against whom the case was dismissed for they came upon a copra kiln; and there the men prepared
insufficiency of evidence; and Col. Francisco del Castillo, food. Thereafter, they continued hiking once again until they
Provincial Commander of Quezon at the time the information reached the Huk lairs. There were five huts at the place, all
in this case was filed in court. Stripped of unessential without walls. Elvira Taada de Principe and Carmen Noceto
details, the testimonies of the principal witnesses may were kept in the one located at the center for two weeks.
individually be summarized as follows: There were sixteen (16) men in the group that took Elvira
TESTIMONY OF ELVIRA TAADA DE PRINCIPE: and Carmen to the mountains, including the three (3) who
Elvira Taada de Principe was inside her store on the ground originally took Elvira out of her store in Gumaca. Elvira came
floor of the house of her father-in-law in Gumaca, Quezon, at to know their names because they had nameplates on their
about 4: 00 o'clock in the afternoon of February 27, 1956. breasts. The leader who earlier asked for a pack of
She was busy estimating her laundry bills. Three (3) men "Chelsea" cigarettes at her store was Lt. Alcantara, while
wearing uniforms similar to those worn by soldiers in the those who dragged her out of the store were Gomez and
army arrived and entered her store. One of them first Mendoza. Not long after their arrival at the place of the huts,
inquired for the price of a pack of "Chelsea" cigarettes, and the kidnappers divided into two groups. Lt. Alcantara soon
then asked for one. As Elvira reached for the pack of left the place with seven (7) men, leaving the eight (8)
cigarettes, the other two suddenly grabbed her hands and others to guard Elvira Taada de Principe and Carmen
pointed their pistols to her. They pulled her out of the store Noceto. These men left behind were Ladres, Bayas, Gomez,
and dragged her towards the bodega of her father-in-law, Torres, De Leon, Villazar, Delgado and Mendoza. Lt.
Marciano Principe, and then on to the railroad track going to Alcantara and Julio Ceribo came back to the place every now
the direction of the elementary school of the town. The two and then, bringing food and letters from Elvira's husband.
uniformed men were later substituted by two others in After the lapse of about two weeks, Lt. Alcantara finally told
civilian clothes who, after holding Elvira by the hand on each Elvira that she would be released. He showed her letters
side, continued running with her through the coconut from her husband, her father and her brother. And on March
plantations toward the mountains. There were gun fires that 15, they left the huts at about 11:00 o'clock in the morning,
followed, but the men continued running, taking Elvira with Carmen Noceto and others. They moved to another
Taada de Principe along with them. They told her not to be place where they waited for Lt. Alcantara's other
afraid, as they were just making a "show". They stopped companions. In due time, they arrived, and Elvira and
DAZZLE DUTERTE 4
Carmen Noceto were then taken to another place which they by several men, among them De Leon, Angelo Veran @
reached after about an hour's walk. There they met Angulo, Villazar, Antonio Campaniero @ Nelson and Julio Ceribo @
Letargo, Erea and Francia who had come all the way from July.
Gumaca and brought the P50,000.00 ransom money. Elvira Carmen Noceto did not know Elvira Taada de Principe
counted the money, then delivered the same to Lt. before the kidnapping. She came to know her only when
Alcantara. Thereafter, Elvira and Carmen Noceto were they were kept together in one hut in the mountains. They
released. They were not accompanied by anyone of the became intimate with one another later, and Elvira allowed
kidnappers. Lt. Alcantara merely instructed them to follow her to read the letters sent to her by her husband while she
the course of a river until they could see a house, and there and Elvira were held captives.
to find one who could guide them to Barrio Magisian, Lopez, TESTIMONY OF BEATO GLINOGA:
Quezon. They followed these instructions and reached the Beato Glinoga was asleep in his house in Barrio Villa Taada,
road in said barrio, where they were picked up by a station Gumaca, on the night of March 4, 1956, when he was
wagon which took them back to Gumaca at about 5:00 awakened by his barriomate, Leon Calvelo. The former was
o'clock in the afternoon of March 16, 1956. informed by the latter that some soldiers wanted to see him.
TESTIMONY OF CARMEN NOCETO: Glinoga obliged, and went with Calvelo to the latter's place
In the afternoon of February 27, 1956, Carmen Noceto was which was about half a kilometer away, to meet the soldiers
at the house of her sister near the elementary school in referred to by Calvelo. He did meet them at the place which
Gumaca. She saw two persons running on the railroad track, was dark; so much so that altho he spoke with one of the
leading Elvira Taada de Principe by the hands. Suddenly, a supposed "soldiers", Glinoga was not able to recognize any
"soldier", also on the railroad track and called her out of the of them. Nevertheless, the person with whom Glinoga spoke
house. Pointing his gun at her, the "soldier" pulled her by introduced himself as Lt. Alcantara, at the same time
the hand and dragged her along, telling her that she would identifying himself and his companions as the ones who had
just accompany Elvira Taada de Principe. She could not kidnapped Elvira Taada de Principe. Lt. Alcantara then
refuse; she was greatly terrified. Her father who was then asked Glinoga if he could deliver a letter to the Principes in
present was stunned for the "soldier" also pointed his gun at Gumaca, to which Glinoga consented. Lt. Alcantara warned
him. She was taken, along with the group of Elvira Taada him not to reveal that he had seen them to anybody. He also
de Principe, to the far away mountains she had never instructed Glinoga to see accused Jose Estrada first before
reached before. They walked all night, then for two days delivering the letter, so that he (Estrada) could accompany
more, resting only when they took their meals. They finally him to the house of the Principes, and then to the mountains
stopped walking, only when they reached a place where in Villa Taada where Lt. Alcantara would meet them later,
there were five huts without walls. She and Elvira Taada de for according to the letter, Estrada knew what it is all about.
Principe were kept in one of these huts together during the Glinoga was warned further, that should he fail to contact
eighteen days that they were held in captivity by their Estrada, he should not tell anybody about it, but should
kidnappers. They were allowed to go home only after the proceed directly to the house of the Principes in Gumaca,
arrival of the P50,000.00 ransom money which was brought and then meet him (Lt. Alcantara) later in the mountains.
by Manoling Letargo, Basilio Angulo and two others whom Pursuant to such instructions, Glinoga left Villa Taada early
she did not know. Before their release, they were guarded the following morning and proceeded to the town of
DAZZLE DUTERTE 5
Gumaca, to deliver Lt. Alcantara's letter to the Principes. He Emy, @ Romy, @ Fredo, @ July, @ Sonia and @ Nelson.
tried to locate Estrada when he reached the town, but he Estrada was asked by Lt. Alcantara who the richest man in
was not able to find him; so, Glinoga went directly to the Gumaca was, and the former answered that "he would
house of Marciano Principe and delivered the letter to the suggest the Principe family" (ang maimumungkahi ko po ay
old man in the presence of the other members of the family. ang pamilya Principe). Asked by Lt. Alcantara if he was
Marciano Principe immediately prepared a letter in answer referring to Reynaldo Principe, Estrada answered that if
to Lt. Alcantara's note. He then gave it to Basilio Angulo who Reynaldo Principe were the one to be kidnapped, it would be
was at the house of the Principes at the time, requesting difficult for the family to ransom him for the reason that
Angulo to go with Glinoga back to Villa Taada and see Lt. most of the properties of the Principes were in his name.
Alcantara. Angulo agreed. He went with Glinoga to the Instead, accused Estrada recommended his wife, Elvira
mountains in Villa Taada. They reached the Huk lairs at Taada de Principe, who could easily be ransomed. Lt.
about 7:00 o'clock in the evening of that same day, and Alcantara agreed to the suggestion of Estrada saying, "if
they were met by Lt. Alcantara after Glinoga had signalled that is the case, yes, and you will be informed when the
three times with his flashlight. Basilio Angulo then had a kidnapping will take place," to which Estrada answered: "All
conference with the Huk leader. Asked by one of Lt. the time you can depend upon me." Estrada then left the
Alcantara's men where accused Estrada was, Glinoga gave place that same afternoon at about 5:00 clock, after he and
the information that he was not able to find him in town. Lt. Alcantara had talked about politics.
TESTIMONY OF ANTONIO CAMPANIERO @ NELSON DE Sometime thereafter, Comdr. Teddy informed Nelson that
ROSAS: the latter, together with others in their Unit, would be
Antonio Campaniero joined the Hukbalahap organization on "borrowed" by Lt. Alcantara to supplement the men of the
August 25, 1952, under the Huk name @ Nelson. He served "Tadtad Unit" and join them in the execution of the plan to
under various Huk Commanders in the field. From 1955 up kidnap Elvira Taada de Principe. And thenceforth, Nelson
to the time of his surrender on July 18, 1956, he was under began receiving orders directly from Lt. Alcantara.
the command of Huk Comdr. Teddy Corazon, head of the In the afternoon of February 27, 1956, Lt. Alcantara and his
Organizers Brigade (OB), operating near the mountains of men came down from Barrio Biga and entered the town
Gumaca, Quezon. proper of Gumaca, Quezon. Alias Essi, @ Loring and @
Sometime during the first week of February, 1956, Comdr. Nelson stood guard near the railroad station. After taking
Teddy ordered Nelson and another Huk, @ Fredo, to contact Elvira Taada de Principe, they fled and went through the
the accused, Councilor Jose Estrada of Gumaca, and inform mountains for three days and three nights, with short stops
the latter that Huk Lt. Alcantara (head of the "Tadtad Unit or to rest at some points on the way. They hid Elvira Taada de
G-Men") and Comdr. Teddy Corazon wanted to meet him Principe in Barrio Laguio between the municipalities of
(Estrada) in Barrio Biga. Nelson and Fredo complied with the Lopez, Gumaca and Macalelon. Carmen Noceto was also
order; Fredo talked with Estrada in Gumaca, as Nelson stood taken by them to the mountains with Elvira that same day.
guard. Estrada showed up in Barrio Biga, three days later, at On July 18, 1956, @ Nelson surrendered to the authorities.
about 2:00 o'clock in the afternoon. Aside from Lt. Alcantara He did not know then what the penalty for kidnapping for
and accused Jose Estrada, there were other Huks present ransom was. He was investigated in Camp Natividad on July
during the meeting, among them, Comdr. Teddy, Comdr. 22. Having just surrendered then, he was afraid to be
DAZZLE DUTERTE 6
implicated in the Principe kidnapping therein. Later, he was another letter, Exhibit 3 (Nelson appears to be urging
investigated again in Lucena. He then decided to tell the Estrada to write and complain to the CAFA; to give them
truth and did not mind anymore the consequences. He gave help so that they may be able to deny the truth of their
his statement (Exh. X) wherein he revealed his participation "statements" which the PC investigations had forced them
in the Principe kidnapping case and the role played therein to sign; and to request Nieva to intercede in their behalf in
by accused Jose Estrada, on September 5, 1956. Having Malacaang in order to put an end to the doings of the
known the truth from the said statement, both the Provincial Commander in Quezon). On January 27, 1957,
investigator and the prosecutor then told Nelson that he Nelson wrote another letter, Exhibit 10 (styled "to whom it
would be a witness against Estrada after his discharge from may concern," Nelson appears to be declaring here that he
the information. He was later arraigned on November 20, and his companions knew nothing about the kidnapping of
1956. Elvira Principe, much less, the alleged conference with
In the month of January, 1957, Antonio Nieva, brother of Estrada regarding the same; that they signed their
then Chief of Police, Ricardo Nieva of Pasay City, met @ "statements" only because they have been threatened, the
Nelson near the house of Col. del Castillo, Provincial investigators telling them that they would be prosecuted if
Commander of Quezon. They had a sort of conference. they would not cooperate with the Government; that they
Nieva promised Nelson to work out his case with had been required to drink plenty of water; that they had
Malacaang, should he agree not to testify against Estrada been made to testify against persons like Estrada, with the
in court. Nieva urged him to deny the truth of his statement promise of a bright future and of money; and that Col.
(Exh. X) when the trial comes, and to testify that he had Castillo was really mad at Nieva. Nelson appears to be
executed it only because he had been maltreated, rewarded requesting Antonio Nieva also for "cigarette money" and for
and given promises. Nieva gave him P20.00 on that his letters to be returned to him). Nelson wrote another
occasion. letter on the same date, which he signed with the name of
Nelson at first denied having written Exhibit 2 (a letter Pedro Masilungan. (This letter, Exh. 1, purports to show that
signed by Nelson addressed to Estrada, on January 24, Pedro Masilungan had also been forced to sign his
1957), wherein Nelson appears to be telling Estrada that "statement" and to testify against Estrada by Capt. Zita).
they were then in a bad fix; that Col. Castillo had come to Nelson explained that he wrote to Estrada because he had
know that Congressman Roces of the CAFA was coming to been coerced by two insular prisoners who were allowed to
see them, and he believed that Estrada was the one who enter his cell, warning him that his life would be in danger,
had written the congressman, and then caused Nelson and should he fail to do so. He wrote Exh. 3 only after the said
his companions to make a "turn about;" that because of that prisoners had talked to him and to Melchor Gregana and
suspicion of Col. Castillo, they were no longer permitted to Julio Ceribo who were with him in the same cell at the time.
talk with any visitors; that Nelson, Gregana and Pedro A few days thereafter, probably on January 31, 1957,
Masilungan Estrada's former adversaries in the Barretto Nelson, along with Julio Ceribo, @ Sonia, Pedro Masilungan,
case have all agreed to make a "turnabout", and that the Antonio Batanes and others, was taken by Col. Castillo
Fiscal had been informed that they really did not know before Col. Yan at Camp Crame. He then affirmed the truth
Estrada. Later, however, he admitted that he was the one of the contents of his statements (Exh. X) before the said
who wrote it. On January 25, 1957, Nelson sent Estrada official. He did the same when he was taken before General
DAZZLE DUTERTE 7
Cabal who examined him on the said statement. He, explained that if it were her husband to be kidnapped, it
likewise, affirmed the truth thereof before President Ramon would be hard for the family to ransom him because the
Magsaysay before whom he was seen in the office of properties of the Principes were in the name of Elvira's
Secretary Balao at Camp Murphy. He did not mention the husband, Reynaldo Principe; Lt. Alcantara agreed, and about
letters he had written to Estrada then, because the contents one week after that conference, they came down to Gumaca
of said letters were false and he was afraid to tell any lies and took Elvira; he stood guard in one of the streets in the
before the highest authority of the land. He stated in those town during the kidnapping; one of his companions took
letters that he did not know Estrada, because he merely along Carmen Noceto on the way so that Elvira Taada de
wanted to make Estrada believe that he would really make a Principe would have a companion; it was about 5: 00 o'clock
"turn about". But the same is false; it was only the idea of in the afternoon of February 27, 1956, when they kidnapped
Antonio Nieva. Nieva had told them that Estrada was ever Elvira; there were 16 of them who executed the said
willing to give them help, that is why Nelson and his kidnapping, among them, Lt. Alcantara, Nato, Mike, Heling,
companions agreed to mulct him. Thus, in one of the said Nelson, Emilia, Carding, Payat, Efren, another Efren and Del
letters, Nelson had asked Estrada for "cigarettes money". Moro; they took Elvira and Carmen to the mountains
Nelson had been discharged from the information on March between Macalelon and Lopez, Quezon; they hid them there
20, 1957; but he was still under PC custody because he had for two weeks in one of five huts they built; Elvira was later
demanded such protection pending the termination of the ransomed by her husband; Basilio Angulo and three other
case. persons brought the ransom money of P50,000.00, after
TESTIMONY OF JULIO CERIBO: which both Elvira and Carmen Noceto were released; they
Julio Ceribo testified that he was a surrendered Huk; he kidnapped Elvira Taada de Principe because they were in
joined the Hukbalahaps in 1946; he served under various need of a large sum of money; on August 7, 1956, he was
Huk Commanders in the field; in 1953, he was assigned as a with the Huks that had an encounter with the government
member of the unit headed by Lt. Alcantara with the forces in Usiwan Lucban, Quezon; there he was wounded in
old man Mateo del Castillo, the highest in command; he the right foot, and soon, unable to withstand the
knew about the kidnapping of Elvira Taada de Principe deprivations anymore, he decided to have a "new life"; he
because he was with Lt. Alcantara when they kidnapped proposed to surrender to the Mayor of Majayjay, Laguna,
her; but even before the actual kidnapping, he already knew thru the intercession of Juan Cuates of Barrio Botocan; he
about it because there was a conference in Barrio Biga had no chance to talk with the Mayor, however, because
where it was agreed to kidnap her because she was the one when they came to get him, the BCT soldiers were the ones
pointed to by Estrada; first, Lt. Alcantara approached Comdr. who got hold of him first, and they took him directly to their
Teddy Corazon, and then the latter ordered Huks Nelson and headquarters in Majayjay Laguna; from there, he was taken
Fredo to contact Estrada in the poblacion; three days after, to Canlubang where he was questioned as to when he first
Estrada came to Barrio Biga and conferred with Lt. joined the Huks; then he was transferred to Lucena City
Alcantara, Comdr. Teddy Corazon, Comdr. Emy and others; where he was investigated by Eddie Recuenco; after that he
Estrada was asked by Lt. Alcantara then as to who was the was brought to the Court of First Instance of San Pablo
richest in Gumaca, and Estrada suggested Elvira Taada de where he was charged of rebellion; but later he was
Principe because she could easily be ransomed; Estrada discharged from the information thru the efforts of his
DAZZLE DUTERTE 8
brother who secured the services of Atty. Ribong; his brother contents, except for his age, are not true; for the truth is
showed to him his discharge papers, but he was still kept in that he knew everything about the kidnapping of Elvira
the stockade at Lucena City with Nelson, he was not Taada de Principe; the document was already prepared
released; and when he was investigated there in connection when it was shown to him by Atty. Franco, and the latter
with the kidnapping of Elvira Taada de Principe, he had to compelled him to sign it; when he was at the stockade in
admit; at first he wanted to deny it, but when Nelson Lucena with Nelson, he knew that Nelson was writting
pointed to him, he was frightened and had to tell the truth letters, and that he (Nelson) was sign their names on the
that he was with the group that kidnapped Elvira that letters, but Nelson never showed the letters to him; he came
is why he was included in the information in this case; but to know the letters to accused Estrada only when the said
when he was arraigned, he pleaded "not guilty", assisted by letters were later discovered; he knew Col. Yan, he was
one Atty. Gonzales; he pleaded "not guilty" to the charge taken before him at Camp Crame; Col. Yan asked him
because he knew that kidnapping is a very serious crime, for whether or not his declarations in his statement (Exh. H)
even up in the mountains they had been told; that the were true, and he confirmed them; he was next taken before
penalty for kidnapping was severe and "we had better be Gen. Cabal, before whom he declared that he had executed
dead than caught alive;" but the truth is he was really with Exh. H voluntarily, i.e., that he was not maltreated by the
the kidnappers who took Elvira Taada de Principe; he knew PC; later he was taken before the late President Magsaysay
Atty. Franco, the latter introduced himself to him and told in the office of the Secretary Balao, and there, he also
him that he was his counsel; they first met in Lucena City, affirmed the truth of his statement before the President.
then for a number of times later in Gumaca, Quezon where TESTIMONY OF GONZALO MALLARE:
they talked about his case; he told him (Atty. Franco) that he Gonzalo Mallare testified that he was a former Huk, he
could not deny the circumstances because they were all surrendered to the authorities on March 20, 1957; he joined
true; they met again after that in the stockade in Lucena the Huks in Manila, as early as April, 1948; in December of
when Atty. Franco brought some typewriter papers which he that year, he was apprehended by the PC, and was
was asked to sign; the papers (Exh. 16) was shown to him, maltreated; they released him, later, however, because the
but he would hardly read it because it was held by Atty. Communist Party had then not yet been declared illegal; but
Franco far from his face; they were in the kitchen of the after that he went up the mountains, and from the position
stockade then, and Atty. Franco told him to sign it at once of mere clerk in the Manila office of the Huks, he rose to
because the soldiers might come; he insisted that he should higher positions; he was again apprehended by the PC in
sign it because he was his lawyer, and it was for his benefit 1949, and again he was released in February, 1950;
for his acquittal; but he had no hand in the preparation of thereafter, he rejoined the Huks in the mountains; in 1955,
that document, and its contents are not true; he met Atty. he was educational chairman of RECO 4 charged with the
Franco again in Majayjay later when he was granted leave; duty of indoctrinating the people with the tenets of the HMB,
Atty. Franco instructed him to go to Manila because he would which he learned from Dr. Jesus Lava with jurisdiction in
prepare an affidavit, but he did not go there, he left the province of Rizal, half of Laguna, and the whole province
Majayjay immediately even if he had not fully enjoyed his of Quezon; about May 1, 1954, as he and his men were
19-day leave; he later told Capt. Alejo (government passing thru Barrio Labnig Gumaca, Quezon, he was
prosecutor) that Atty. Franco had made him sign Exh. 16; its introduced to accused Estrada by Huk Comdr. Tony who was
DAZZLE DUTERTE 9
then operating in the Bondoc Peninsula; Estrada told him not want his name linked with the latter; he wanted to avoid
then that he was a friend of the Huks and the civilians, and any mention about the kidnappings in the Bondoc Peninsula,
that he was influential with the Army; Estrada told him because he feared that he would be included in it; that is
further, that if he could be of help to him, he would do it; why, when he was taken before Secretary Balao in Camp
remembering that he was in need of a typewriter and a Murphy, he told him not to ask him about the kidnapping;
mimeographing machine then, he asked Estrada if he could but when he later met Antonio Campaniero @ Nelson,
help him procure them for him, and Estrada promised to do Melchor Gregana @ Rony and Julio Ceribo @ July who have
so; in the afternoon of that same day, he gave P650.00 knowledge of the secrets of these kidnappings, and the
P500.00 coming from him, and P150.00 coming from Comdr. purchase of the typewriter and the mimeographing machine
Onoy to Comdr. Matta, for delivery to Estrada; he knew thru Estrada, and after knowing that Nelson, Ceribo and
that Estrada received the money for, soon, he received the Angel Veran were already accused of the kidnapping, he
typewriter and the mimeographing machine, Comdr. Matta decided to reveal the matter; and he believed that if the
informing him then that Estrada had sent him (Matta) a government were to be convinced of his loyalty they would
letter stating that the amount given was P43.00 short of the realize that he had nothing to do with all the kidnappings in
cost of the typewriter and the mimeographing machine, the Bondoc Peninsula; that is why, since his surrender, he
aside from the expenses of the two persons who had had been helping the Army, in its campaign for peace and
brought them; this typewriter and mimeographing machine order; he had contacted his former companions in the
he acquired thru Estrada's help, was delivered by him to the Bondoc Peninsula so that they may return and live
26th BCT when he surrendered; he met Estrada in about a peacefully; on November 27, 1957, about 92 of them
week before February 23, 1956, at noon, in Barrio Biga, surrendered.
Gumaca, Quezon; he was with Comdr. Teddy then, in his way Other witnesses testified for the prosecution, but their
to contact a certain teacher who had previously promised to testimonies deal largely on how the ransom money of
help him buy some supplies; he failed to contact the P50,000.00 was finally agreed upon and delivered to Lt.
teacher, and as he approached Lt. Alcantara to bid him Alcantara thru couriers. Thru them, the letters of Lt.
goodbye, he heard the conversation between Lt. Alcantara Alcantara to the Principes and vice versa (Exhibits A to E)
and accused Estrada; Lt. Alcantara asked Estrada if Elvira and the photograph of Lt. Alcantara (Exh. F) were identified.
Taada de Principe was the richest woman in Gumaca who This picture and other exhibits, where admitted as evidence
could be kidnapped, and Estrada answered that she was; for the prosecution.
that was all that he heard; Lt. Alcantara then borrowed some For his defense, accused Jose Estrada denied his complicity
of his men and firearms; and when his men rejoined him in the commission of the kidnapping of Elvira Taada de
later, they reported to him that they had participated in the Principe in the afternoon of February 27, 1956. He swore
kidnapping; he recalled that he came from Barrio Malimatik, that he had never been to Barrio Biga, Gumaca, in the
Lopez, when he went to Barrio Biga, Gumaca; he was with month of February, 1956, much less ever conferred with any
Comdr. Emy; those present in that meeting in Barrio Biga, Lt. Alcantara for the alleged purpose of pointing to Elvira
Gumaca, Quezon were Estrada, Lt. Alcantara, Comdr. Teddy Taada de Principe as the best kidnap victim in Gumaca. His
Corazon, Emy, Fredo and others; on March 20, 1957, he testimony may be reduced as follows: he knew Elvira Taada
surrendered the following day his affidavit was taken by an de Principe; her family was his neighbors, and his younger
investigator; it was a very long one, but he purposely did
DAZZLE DUTERTE 1
0
brother, Fernando, was the godson of Elvira's father; he was loaded in one of his trucks for delivery to the Huks, he
elected councilor of Gumaca from 1948 to 1951; again he informed Captain Daza of the Army about it, only that Capt.
was elected councilor for the term 1956-1960; he was a Daza happened not to be there at the time; there is also no
recognized guerrilla and a pensioner of U.S. Government; he truth in the testimony of Beato Glinoga; this prosecution
belonged to the following civic organizations: President, witness, as a matter of fact, begged his forgiveness after
Gumaca Club 37; Worshipful Master of the Masons; testifying against him, when they met in the office of the
Chairman, Boy Scouts Organization; President, PTA District Chief of Police of Gumaca; at the time, Col. Castillo came
league; President (twice), Purok Castillo; Vice President, along, and finding them together, threw out Beato Glinoga
Jaycees of Gumaca; Chairman, Civilian Affairs Organization; and then challenged him (Estrada) and his brother to a fight;
and Vice Chairman, Red Cross Campaign in 1951 for Quezon in fact, Beato Glinoga became his own witness after the
Province; the barracks of the 8th BCT in Gumaca was relief of Col. Castillo as provincial commander of Quezon; he
constructed through him; he was the moving spirit in the was combat officer in the guerrilla forces; charges of murder
construction of Camp Natividad in 1948, which now houses were filed against him after liberation, but he had been
the 38th PC Company; he joined the pacification campaign given the benefits of the guerrilla amnesty; he was also
in the towns of Quezon which brought about the surrender accused in the Barretto kidnapping case, but his
of several firearms; he exerted efforts for the construction of participation there was only that he had contacted the
the Army Officers Quarters of the 26th BCT in Calauag, kidnappers at the behest of the family of the victims, for
Quezon; he is an informant of the Philippine Army; as such purposes of reducing the amount demanded by the Huks; on
informant, he had caused the arrest of several persons; and the day of the kidnapping of Elvira Taada de Principe, he
he was commended by Col. Baltazar for his effort and was at home; upon learning about it, he helped the family in
cooperation with the Army; he came to know prosecution raising the ransom money, he was the largest copra dealer
witness Antonio Campaniero alias Nelson only in court, and in Gumaca; his customers owed him not less than
it is not true that he and Huk Fredo came to his house to P60,000.00; Elvira Taada de Principe's father-in-law,
deliver the message of Lt. Alcantara; Nelson sent him letters Marciano Principe, was also one of the largest copra dealers
during his confinement in the provincial jail of Quezon, and in the town, but there were other large copra dealers there;
he had sent them, to Congressman Roces of the CAFA; he he knew, thru the newspapers, about the other kidnapping
did not know also Huk Comdr. Teddy Corazon, for he came to cases in the Bondoc Peninsula the kidnapping of Ex-Mayor
know him only in court; Teddy Corazon told him in jail than Yumul of Lopez, of Wee King of Catanauan, of the Barrettos
that it was not true that he had instructed Huk Nelson and of Gumaca, of De Leon of Catanauan and of Elvira Taada de
Fredo to see him before; on November 25, 1956, he met Principe of Gumaca; he (Estrada) had not been the victim of
prosecution witness Julio Ceribo in jail, and the latter kidnapping. Asked by the court whether kidnappings
confessed to him that he (Ceribo) did not know him disappeared in Gumaca after his arrest, accused Estrada
(Estrada), and that Ceribo said he merely implicated him refused to answer.
because the PC had forced him to include him; detained ELISEO RAMOS, a detained prisoner for rebellion in the
prisoners Gutierrez and Mangubat were present when Ceribo provincial jail of Lucena City, testified that he knew
told him so; he likewise did not know Huk Gonzalo Mallare prosecution witness Julio Ceribo; they were both Huks, and
(prosecution witness) before the trial, and it is not true that had occasion to meet each other in the mountains; the last
they met each other before; there is no truth in Mallare's
DAZZLE DUTERTE 1
1
time he met Ceribo was on November 25, 1956, when up and said, "How can you expect the people to help the
Ceribo was also confined in the provincial jail of Lucena; he Armed Forces when they do not treat the barrio people well,
asked him (Ceribo) then why he was detained, and the latter they are taken to the headquarters of the Army and there
answered that he was being used as witness against they are maltreated and compelled to admit crimes which
accused Estrada; there were many detention prisoners at they did not commit?"; he knew later on that that man who
the time they talked to each other, among them were had spoken was Councilor Estrada; and soon he solicited his
Hilarion Gutierrez, Juanito Bautista, Cenon Entiosco and help; Estrada rendered valuable services to the Army then,
Pedro Masilungan; during the course of their conversation, for he had extensive connections with the barrio people and
accused Estrada appeared, and he asked Ceribo if he knew he supplied valuable information as to the movements of
him; Ceribo then told Estrada that he did not know him; the Huks in the place; and in recognition of his services, he
asked why he was going to testify against Estrada when gave Estrada a written commendation (Exh. 18). Col.
according to him he did not know the said accused, Ceribo Baltazar admitted tho that the Huks were very active in the
answered that the investigators had promised to discharge place during his stay there as BCT Commander, and that
him from the complaint, and that was the only way he they (the Huks) had an upper hand. He admitted further that
(Ceribo) could save himself; and Ceribo told him: "Ikaw ang the information supplied by Estrada was always late, that
tumayo sa aking kalagayan kulang lamang akoy patayin sa was why they had no encounter with the dissidents. They
bugbog;" Ceribo further confided to him that had he known almost caught up with the Huks in a barrio when they went
such treatment would happen to him, "he would not have to the place to verify the report made by Estrada, for the
surrendered." residents informed them that the Huks had left only about
Other witness PEDRO MANGUBAT, a co-accused of an hour before their arrival.
Estrada in the Barretto kidnapping case; CENON ENTIOSCO, Major FELIPE BRUAN declared that he was formerly
a prisoner serving sentence for robbery with rape and stationed in Gumaca, and there he came to know Estrada.
physical injuries, and also for illegal possession of firearm; The latter gave the PC then valuable information regarding
and HILARION GUTIERREZ, another detention prisoner on the movements of the Huks. In May, 1954, Estrada reported
charges of murder and robbery of which he was later to them the presence of Huks near the boundary of Lopez
convicted testified that they were all in the provincial jail and Gumaca, and they went to the place to verify the
of Quezon when prosecution witness Julio Ceribo was report; unluckily, the Huks had left the day before when they
brought in there; that they all heard the conversation reached the barrio they had visited. He was in command of
between Ramos and Ceribo on the one hand, and between the PC Detachment in Gumaca when Elvira Taada de
Ceribo and accused Estrada on the other hand, and that Principe was kidnapped. Estrada did not make any report
they knew that Ceribo had told accused Estrada then that then about the presence of the Huks in Gumaca before the
he (Ceribo) did not know Estrada. incident. But after the incident, he (Bruan) received news
Col. ESTANISLAO BALTAZAR testified that in 1952, he was about it and he immediately pursued the kidnappers. There
commanding officer of the 26th BCT, stationed in Calauag, was an encounter that ensued when they had contact with
Quezon; in one of the meetings he held in the town hall of the Huks at about 6:00 or 7:00 o'clock in the evening. There
Gumaca, asking the people to cooperate with the Army in its was firing for about 30 minutes, after which they returned to
campaign against the dissidents, one of those present stood the town because they soon lost contact with them.
DAZZLE DUTERTE 1
2
Capt. JUAN DAZA testified that he was once stationed in release. He then heard Elvira talk to her sister Consuelo and
Gumaca as commanding officer of Love Company, 26th BCT; exclaim in Tagalog: "Ako pala Ate Consuelo ay
even before he was stationed at the place, he already had pinagkamalan, at ang akala pala ay ako ang asawa ni
news about the valuable services of Estrada to the Army; so, Dosio."
he sought Estrada's help when he moved to the place; and In September, 1958 (after about one year and three months
as expected, Estrada rendered valuable services; one time, after he had testified for the prosecution), BEATO GLINOGA
Estrada informed him that there were three (3) amazons was placed on the stand by the defense. He then made a
who were willing to surrender, and he soon brought them complete turn about regarding the previous instructions of
Huk Amazons Liwayway, Leonor and Amy to his camp; Lt. Alcantara for him to see first accused Estrada before
these amazons were all wives of Huk Commanders; in 1954, delivering the ransom note to the Principes for the reason
they were able to kill a Huk named Absalon at Barrio Sastre that Estrada knew all about it. This time, he declared that he
thru the information supplied by Estrada; on May 2, 1954, was not so instructed by Lt. Alcantara; that the truth is, that
they received information from Estrada that the Huks had he was directed by Lt. Alcantara to proceed to the house of
loaded some things on one of his trucks, for delivery to the Principes, without mention whatsoever of the name of
Barrio Labnig; he sent men to verify the report and there Estrada; that he made mention of and implicated Estrada,
was an encounter; they did not catch up with the Huks, upon orders of the PC investigators that he should mention
however; and according to Estrada, the things loaded on his Estrada in his affidavit, and which orders he followed,
truck were a typewriter and a mimeographing machine. because they would not stop maltreating him; that on his
The defense later placed the victim, Elvira Taada de way to the house of the Principes, he met Federico Caparros
Principe, on the witness stand. From her testimony, the and another man, and together they boarded a truck going
defense elicited the fact that during her confinement in the to the poblacion of Gumaca; that he even showed to them
mountains, Lt. Alcantara inquired from her, if she was the the letter he was to deliver to the Principes when they asked
wife of Teodosio Principe. Upon her answer that she was not him where he was going; and that he alighted right in front
the wife of Teodosio Lt. Alcantara then asked her if she was of the house of Marciano Principe when the truck reached
the wife of Reynaldo Principe, to which question, she gave the town.
an affirmative answer. FEDERICO CAPARROS and TOMAS SOMBILLA both testified
QUIRINO RAVELA, one of the companions of Lt. Alcantara in and corroborated the statement of Glinoga that they met
the kidnapping of Elvira, and who had been sentenced Glinoga on March 5, 1956; that they asked him where he
already in this case upon a plea of "guilty" testified that was going then, and Glinoga told them that he was going to
while in the mountains, he overheard the conversation the poblacion, showing to them a letter which he pulled out
between Lt. Alcantara and Elvira Taada, wherein Lt. of his pocket; that Glinoga did not stop at any other place,
Alcantara asked the victim if she was "Doctora". To this but went directly to the house of Marciano Principe.
question, Elvira answered that she was not the doctora; she ATTY. ANDRES FRANCO, upon permission of Julio Ceribo,
cried then and said, "I am the poorest among the Principes." declared that he was the counsel of Julio Ceribo in this case,
MARCELO BARRAL, a resident of Gumaca who sells copra to and another case for rebellion in Laguna; that he prepared
the Principes, testified that he was in the house of Marciano Ceribo's statement (Exh. 16) at the instance of Julio Ceribo
Principe when Elvira arrived from the mountains after her who had supplied the facts contained in the said statement;
DAZZLE DUTERTE 1
3
that he prepared the statement first and then took it to his Santayana, Jardin and his (Antonio Nieva's) brother, then
place of confinement, asking him to sign it only after he had Chief of Police of Pasay City, he received the same answer
read the statement and understood its contents; and that as Col. Castillo's from Gen. Cabal, who told him further that
Julio Ceribo swore to it before Notary Public Rodolfo "as long as he was Chief of the Philippine Constabulary, Col.
Garduque whom he (Franco) had requested to come along. Castillo will not be touched in Quezon Province;" he never
(The trial court appears to have commented, after expected to hear from Gen. Cabal the same words which
examining Exh. 16, that the same was not necessary in the Col. Castillo had confided to him, and in exasperation he
defense of Julio Ceribo in the present case, considering that exclaimed: "it seems to me that I am not talking to the
Julio Ceribo had already been discharged from the General;" in the note given by the President to Gen. Cabal,
information when Atty. Franco secured the said statement of the President told the General that the Nieva brothers knew
Ceribo). more of the peace and order conditions in Quezon, and
The testimony of Atty. Franco was substantially corroborated should be left alone; he was told by the President to report
by Atty. Rodolfo Garduque who declared that he ratified to him the following Monday, but unluckily, the President
Ceribo's statement only after he was sure that Ceribo died on the Sunday before their appointment; he recalled
understood it; and that there were witnesses (brought along that he used to be in good terms with Col. Castillo before,
by Atty. Franco) who witnessed the signing of the document. but he became indifferent to him when he (Castillo) failed to
ANTONIO NIEVA testified that he was a former Army Officer stop him from taking interest in the Estrada case telling him
stationed in Pitogo, Quezon; Estrada was their informer that P20,000.00 was not enough; he insisted on his demand
when he was stationed there, and Estrada helped in the for P50,000.00.
surrender of many Huks; ha approached Col. Castillo With the offer of various exhibits, including a copy of the
regarding the case of Estrada because he believed that decision of Court of First Instance of Quezon in the Barretto
Estrada was innocent; he met Col. Castillo several times case, wherein accused Estrada and all his co-accused were
regarding the matter, and he told him that he was wrong in acquitted, the defense rested its case. It appears that before
prosecuting accused Estrada; but Col. Castillo confided to the defense did so, they made an attempt to put back
him that his career was at stake in this case, for he had prosecution witness Julio Ceribo on the witness stand in
been instructed to get the "big shots" from the second order that he could explain why he allegedly had testified
district of Quezon; later, Col. Castillo also confided to him falsely against accused Estrada when he testified for the
that he was interested in monetary considerations which he prosecution in this case, but the court below did not allow
itemized as follows: for Estrada's involvement in the the defense to put back the witness. The trial appears to
Barretto case, P20,000.00; in this case, P20,000.00; and for have been delayed also for a considerable time because the
eight (8) other murder cases, P2,000.00 each; Col. Castillo defense had made attempts to produce Lt. Alcantara in
then told him that if he could give him P50,000.00 he would court, in which attempt they failed. Gen. Yan testified that a
still be economizing by P16,000.00; he then immediately certain Pepe Alcantara working with the Army was still
went to see the President and asked for the relief of Col. operating in the field, and that his whereabouts was
Castillo as Provincial Commander of Quezon, and President unknown.
Magsaysay then gave him a note, addressed to Gen. Cabal; In rebuttal, the prosecution placed on the witness stand Col.
when he met Gen. Cabal, however, accompanied by Gov. Francisco del Castillo, who testified as follows: he was
DAZZLE DUTERTE 1
4
Provincial Commander of Quezon from May 2, 1956 to July 7, Elvira Taada de Principe on February 27, 1956,3 Huk Lt.
1958; he was on a mission then the prosecution of all the Pepe Alcantara met with other Huk Commanders in Barrio
kidnapping cases in the Bondoc Peninsula, namely: the case Biga, Gumaca, Quezon. Lt. Alcantara gave some instructions
of Wee King of Catanauan (1954); of Saturnino Barretto and to Comdr. Teddy Corazon then, and the latter ordered huks
his children of Gumaca (1952); of Ex-Mayor Yumul of Lopez @ Nelson and @ Fredo to contact councilor Estrada of
(1955); of Rosita de Leon of Catanauan (1955); and of Elvira Gumaca in the poblacion and to tell him to see Lt. Alcantara
Taada Principe (this case, 1956); he had no personal in Barrio Biga.4 Alias Nelson and @ Fredo were able to talk
grudge against Estrada, for even before he came to Quezon with Estrada in the town, and three days later, Estrada met
as provincial commander, Estrada was already accused in with Lt. Alcantara and his companions in Barrio Biga. 5 During
the kidnapping case of Saturnino Barretto and his children; that meeting between them, Lt. Alcantara asked Estrada
Antonio Nieva and many other persons came to him and who (for purposes of kidnapping) was the richest man in
asked that the case against Estrada be quashed, but he Gumaca, and Estrada answered in Tagalog, "ang
refused; he turned down the immoral proposals of Antonio maimumungkahi ko sa inyo ay ang mga Principe." Lt.
Nieva; he did not prosecute him, however, on those immoral Alcantara inquired if it was Reynaldo Principe, to which
proposals because it was hard to prove, as there were no question Estrada answered "no" because "it would be
witnesses; Nieva used to approach him during the time of difficult for the family to ransom him for most of the
his rest near his house; later, he learned that Antonio Nieva properties were in his name." Lt. Alcantara then asked,
had tampered with the witnesses for the prosecution; so, he "whom can we kidnap?" Estrada suggested Elvira Taada
ordered his men to put Nieva "off limits" in his camp; Nieva Principe who "could easily be ransomed." Lt. Alcantara
complained to higher authorities in Quezon City, that was agreed to the suggestion of Estrada saying: "if that is the
why said higher authorities called him there to the PC case, yes, let us kidnap Elvira Taada Principe,6 it will be
Headquarters; he then brought along the witnesses of the good for us to kidnap Elvira Taada Principe."7 The huk
government against Estrada, and they were investigated by lieutenant told Estrada further: "you will be advised when
the said higher authorities: these witness were the ones who the kidnapping will take place;"8 and Estrada answered: "all
revealed the participation of Estrada in this case; and he the time you can depend upon me."9 In the afternoon of
never demanded P50,000.00 as consideration for the February 27, 1956, Lt. Alcantara and his men came down
quashing of the cases against Estrada. from Barrio Biga to Gumaca and kidnapped Elvira Taada
After a careful evaluation of the evidence thus set forth, We Principe from the store on the ground floor of the house of
find that the inculpatory facts proven by the testimonies of her father-in-law, Marciano Principe. They took her, together
witnesses for the prosecution to establish the guilt of with Carmen Noceto whom they picked up along the way, to
accused Jose Estrada are as follows: The Hukbalahaps in and the mountains near the boundaries of the towns of Gumaca,
around the mountains of the Bondoc Peninsula were the Lopez and Macalelon. The Huks kept them there for about
friends of accused Jose Estrada. With and through his help, two weeks.10 Thereafter, Lt. Alcantara and some of his men
the chairman of the educational committee of the HMB in went to Barrio Villa Taada, Gumaca, and contacted the
the region, acquired a typewriter and a mimeographing barrio lieutenant, Beato Glinoga, on the night of March 4,
machine on May 1 or 2, 1954. 1 About the first week of 1956. Identifying himself and his companions, as the
February,2 or about a week before the actual kidnapping of kidnappers of Elvira Taada Principe, Lt. Alcantara asked
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Beato Glinoga to deliver his letter to the Principes. He however, failed to convince the trial court of his innocence
instructed Glinoga to see Councilor Estrada first in the town, of the crime imputed to him.
so that the latter could accompany him to the house of the Accused Jose Estrada has appealed from the decision.
Principes, and then to the mountains where he (Lt. Appellant contends that the trial court had fallen into grave
Alcantara) would later meet them. 11 The chosen courier error in giving faith and credit to the testemonies of huks
followed the orders of the Huk Commander. He went to the Antonio Campaniero @ Nelson, Julio Ceribo @ July, and
poblacion of Gumaca the following morning. He looked for Gonzalo Mallare @ Commander Romy. Attention is called to
Estrada, but he failed to contact him. So, he went directly to the fact that Nelson and Ceribo former co-accused turned
the house of Marciano Principe and personally delivered the state witnesses had no choice but to testify against
letter of Lt. Alcantara entrusted to him. 12 Marciano Principe appellant in consideration of the prosecution's promise to
read the letter of the Huk Commander, and then wrote an discharge them from the information and save their skin,
answer. He gave the same to Basilio Angulo, a compadre of while the case as against witness Mallare was apparently
his who was at the house at the time, and requested him to dismissed, on motion of the prosecution for alleged
join Beato Glinoga back to Lt. Alcantara in Barrio Villa insufficiency of evidence, purposely to make him testify
Taada. The courier and the emissary went together and against herein appellant. Under the circumstances, it is
met Lt. Alcantara that same evening, in the mountains of argued, these witnesses had no option but to testify as the
Villa Taada?13 Basilio Angulo and Lt. Alcantara then had a prosecution desired to secure the conviction of the
conference. As they did, one of the huks present nudged appellant at all cost.
Glinoga and inquired from him where Estrada was, and There should be no quarrel that Nelson and Ceribo must
Glinoga explained that he was not able to see him. 14 have testified as state witnesses in consideration of the
Basically, Estrada's defense is that the charge against him is prosecution's promise to discharge them from the
but a pure concoction. Naturally, he vehemently denied the information in this case; but that is not true with respect to
truth of the above inculpatory facts proven by the witness Gonzalo Mallare, who appears to have testified long
prosecution, by showing that he could not have been in after the case against him had been dismissed for
Barrio Biga, Gumaca, nor conferred with Lt. Alcantara at the insufficiency of evidence. But these circumstances alone
place in February, 1956, because he never left the town of short of any showing that in consideration of the State's
Gumaca during the said month, but once when he went leniency, these witnesses had been ordered and had agreed,
to Lucena City to renew the plates of his trucks. He sought not only to testify for the prosecution but also to prevaricate
to destroy the credibility of the witnesses for the in their espousal of the People's cause cannot detract
prosecution. He tried hard to convince the trial court that a from their credibility. We have examined the testimonies of
man of his stature and character an elective official of these witnesses with painstaking solicitude, in our sincere
social prominence and with substantial income, and desire to find the usual signs of wavering and wobbling in
commended by a ranking PC officer for "his exploits and declarations of lying witnesses, and We note that
undertakings" as an "informer" of the Army could not notwithstanding the fact that they have been subjected to
have been in league with the Huks in the mountains, and extraordinarily long and searching cross-examinations
propose to them a neighbor and family friend as an object of lasting several days of trial by the brilliant lawyers for the
the heinous crime of kidnapping for ransom. His version, defense, they never fell into serious contradictions in their
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long declarations, which could reasonably be expected if Sinabi po sa akin ni Tony (Antonio Nieva) na huwag lamang
they were merely concocting lies. On the contrary, they kalabanin si Jose Estrada ay siya ang bahalang humango sa
withstood the ordeals of the lengthy cross-examinations, aming mga testigo at kung kakalabanin namin ay
explaining every point on which the counsels for the defense mapapasama kami, at binigyan po kami ng P20.00 suhol. At
dwelled, in a straight-forward and satisfactory way. The sinabi pa niyang siya ang bahalang lumakad sa Malacaang
above contention of appellant, therefore, cannot be at sa panahong kami ay bibistahan gaya nito ay tanggihan
accepted. namin at sabihin na kung kaya kami nakapagsabi ng sa
Much emphasis is placed by appellant upon the aming "statement" ay kami sinaktan at ginantingpalaan at
circumstance that during his confinement in the provincial pinangakuan.15
jail in Lucena City, prosecution witness Nelson (then Regarding his letter (Exh. 3), Nelson declared that he did not
confined in the PC stockade) had written several letters write it voluntarily. About noontime of January 25, day after
addressed to him and his witness, Antonio Nieva, altogether he had written the first letter, two prisoners wearing yellow
purporting to show that Nelson had been telling them that suits entered their cell in the stockade and asked who were
he and his companions who had previously given the witnesses against Estrada in this case; and the
statements implicating herein appellant in the commission witnesses pointed to one another. One of the said prisoners
of the crime, before the government investigators, did not then told Nelson that if he still valued his life, he should
really know him (Estrada); and that they implicated herein prepare a letter to Estrada and make him believe that they
appellant in their said statements because they were will not testify against him. Nelson explained that he
maltreated by the investigators into signing them. It is our believed this to be a threat on their lives, for he thought that
considered opinion, however, after considering the they might have been bribed to liquidate them. So, he wrote
surrounding circumstances under which the letters adverted the letter, in the presence of the said prisoners. With respect
to were written, that their contents are false. Nelson to a portion of another letter (Exh. 10), dated January 27,
declared that Antonio Nieva talked with him before he wrote 1957 (letter was styled "to whom it may concern"), Nelson
the letters. Nieva explained to him that by testifying as state asked Estrada to give him some amount for cigarettes, and
witness, he cannot be relieved of his responsibility in the herein appellant would capitalize on this apparent weakness
commission of the crime. Pointing out that he (Nelson) was of character of Nelson to destroy his credibility. We are more
not just a witness but an accused (Nelson had not been inclined, however, to disregard this theory because We
discharged from the information at the time), Nieva warned found that the witness had frankly admitted that he did it
Nelson that he would also be punished like Estrada, and because Antonio Nieva had assured them that Estrada was
perhaps go to the electric chair. With assurance of his close willing to help them, and while confined in jail they (the
connection with Malacaang, Nieva promised Nelson that he witnesses) had agreed to milk him. In fact, in another
could do something about this case in Malacaang, and portion of the said letter, Nelson had asked Estrada to return
Estrada would be willing to help them, provided they would his letter; and Nelson explained in court later that he
not testify against the latter, otherwise, something bad wanted to destroy the letter because if Col. Castillo should
would happen to them. And with this idea brought out to come to know about the lies he had told therein the more
him by Nieva, Nelson wrote a letter (Exh. 2) to Estrada on they would suffer (lalo kaming mahihirapan). Thus, he
January 24, 1957. The witness explained as follows: explained to the court below:
DAZZLE DUTERTE 1
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Ang ibig ko pong sabihin ay lalo kaming kukulungin sa loob occasion. And when asked why he did not mention about the
ng "stockade" kung malalaman kami'y sumulat kay Estrada letters (Exhibits 2, 3, 10, 11 & 12) now heavily relied upon
at magpapanday ng kasinungalingan. Yayamang kami na- by herein appellant, Nelson declared outright in court that
stockade at kami halos incomunicado pa ay dahil nga sa the contents of the said letters were not true, and he was
pangyayari ng kami kausapin ni Tony Nieva na gawin namin afraid to tell any falsehood to the highest authority of the
ang lahat ng paraan sa pagsisinungaling, tanggihan namin land. Such explanations, considered in the light of the
ang mga "statement" na nilagdaan naming kusangloob. surrounding circumstances, leave no iota of doubt that the
Nangangahulugang babaligtad kami sa katotohanan tungo witness had told the truth in court.
sa kasinungalingan.16 Again herein appellant would capitalize upon the
This jibes with the other evidence of the prosecution of circumstances that both witnesses Ceribo and Mallare have
record, and admitted by the witness for the defense made apparently contradictory statements (affidavits) at
concerned, that Antonio Nieva, for having shown different times during their confinement. More specifically, it
extraordinary interest in this case, had thereafter been is pointed out that Mallare had disclaimed any knowledge
ordered "off limits" inside the PC camp. Finally, there is about the kidnapping in the Bondoc Peninsula in his
another circumstance that adds a ring of truth to the statement (Exh. 17) which is contrary to his later declaration
testimony of Nelson. Col. Castillo testified that Antonio in court that he heard the conversation between Lt.
Nieva had complained to higher authorities about him. This Alcantara and herein appellant in Barrio Biga, Gumaca,
is admitted by defense witness Nieva who declared that he regarding the kidnapping of Elvira Taada Principe. This
went to see the late President Magsaysay and General witness explained that he did not mention in exhibit 17
Cabal, and asked for the relief of Col. Castillo as provincial about the participation of Estrada, because he did not want
Commander of Quezon province by reason of his actuations his name linked with the name of Lt. Alcantara. At the time,
in this case. As a result of Nieva's Complaint, Col. Castillo he had not met Nelson, Ceribo and Gregana. He learned
was called by higher authorities to Quezon City; and Col. later, however, that these persons were already accused in
Castillo brought along the witnesses of the government this case, and knowing that they knew all the secrets of the
before Col. Yan, General Cabal, and then to the late kidnapping, he decided to reveal his knowledge thereof. At
President Magsaysay. Nelson testified that when he was any rate, it will be noted that Mallare's testimony regarding
taken to Col. Yan in Quezon City, the said official asked him the involvement of appellant in this case was merely
if the contents of his affidavit (Exh. X, wherein he had cumulative in nature, a disregard of which would not affect
implicated appellant Estrada) were true, and he affirmed the at all the testimonies of Nelson and Ceribo regarding the
content thereof. The witness also declared that he was same point. And so with the alleged contradiction between
cross-examined (binabaligtad ng tanong sa aming the statement of Ceribo before the PC on September 12,
"statement") on his statement by General Cabal, before 1956, and his subsequent affidavit prepared by his counsel
whom he, likewise, affirmed the truth thereof, explaining to on April 16, 1957. It is true that in the one (Exh. H) Ceribo
the General that he was not threatened, harmed, or had inculpated Estrada, while in the other (Exh. 16) he had
promised any reward when he voluntarily affixed his exonerated him; but Ceribo explained that the contents of
signature on the document. Nelson made the same the latter are false. He declared that when the said
affirmation before President Magsaysay on the same document was taken to him inside the PC stockade, it was
DAZZLE DUTERTE 1
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already prepared. His counsel had manifested to him that it she was the wife of Teodosio Principe. Elvira answered the
was necessary for his acquittal, for which reason he signed question in the negative. Thereafter, Lt. Alcantara asked her
it without first reading its contents. We believe this if she was the wife of Reynaldo Principe, and this time she
explanation of the witness is sufficient, for We find no reason answered in the affirmative. We believe not much may be
for his counsel to prepare the latter affidavit when We made out of this circumstance, for it merely shows that Lt.
consider the fact that Ceribo had long been discharged from Alcantara was not even sure if the woman they had
the information before it was prepared. And as the trial court kidnapped was the wife of Teodosio or Reynaldo. It does not
had aptly observed, the said affidavit was no longer necessarily follow, however, that herein appellant did not
necessary for the acquittal of the witness. Add to this really make the suggestion to kidnap Elvira, in the light of
suspicious character of Exh. 16 the unshaken testimony of positive evidence that he did so. Neither may We sustain the
the witness that its contents are false and the fact that he charge that the prosecution in this case was guilty of
had affirmed the truth of his other statement not only before suppression of evidence, on account. alone of the
the highest officers of the Army, but also before the Chief circumstance that the highest authorities of the Army had
Executive of the land, that the value of Exhibit 16 soon failed to produce Lt. Alcantara in court, as desired by the
fades into nothingness. defense. It is true that the prosecutor in this case was a
But appellant charges that the trial court had abused its captain in the Army, but it cannot be denied that he had
discretion when it denied the defense the right to call back prosecuted this case not as such officer, but as a special
witness Ceribo who, it is claimed, was then ready to retract prosecutor under the Department of Justice; nor do We find
his previous testimony for the prosecution, and then testify any evidence of record that will justify an inference that he
for the defense. This, it is pointed out, was a denial of herein had prevailed upon his superior officers in the Armed Forces
appellant's right to due process. We cannot agree. Section not to obey the orders of the trial court to produce Lt.
14, Rule 132 of the Rules of Court explicitly provides that the Alcantara. Herein appellant claims that Lt. Alcantara was
court may grant or withhold leave to recall a witness, in its already in the custody of the Army at the time. Col. Yan
discretion, as the interests of justice may require; and We testified, however, that the Lt. Alcantara in the service of
believe that it was the better part of discretion and caution the PC was at the time "in the field of operation and his
on the part of the trial court to have denied as it did, the whereabouts was unknown." We see no reason then why the
request of the defense to recall Ceribo. The record is loaded blame should be attributed to the prosecution.
with circumstances tending to show insidious attempts, too With the foregoing conclusions, We have to sustain the
obvious to be overlooked, to tamper with the witnesses for finding of the court below that herein appellant is guilty of
the prosecution. Under the circumstances, to allow such a the crime imputed to him in this case. There could be no
procedure would only encourage the perversion of truth and question that appellant had knowledge of the criminal
make a mockery of court proceedings. intention of Lt. Alcantara and his men to kidnap somebody
A certain alleged statement attributed to Lt. Alcantara, is from Gumaca for ransom. It seems, however, that they had
here also relied upon by appellant to show that he no definite person in mind in the beginning. So much so,
(appellant) did not really suggest Elvira Taada Principe to that they had to call for herein appellant, a councilor and
be the kidnap victim. It appears that soon after Elvira was prominent citizen of the place, for his cooperation in the
taken to the mountains, she was asked by Lt. Alcantara if matter of selecting and pointing to the prospective victim.
DAZZLE DUTERTE 1
9
Appellant suggested the Principes as the most suitable of ordering appellant to pay the civil liability and the costs.
object of their criminal design, pinpointing Elvira, wife of one On equitable considerations, no costs in this instance.
of the Principes, as the ideal victim, with the explanation
that the Principe family would not meet with any difficulty in
producing the ransom money for her release. Lt. Alcantara
and his men became convinced of appellant's suggestion
and reasoning, and then and there they decided to kidnap
Elvira Taada Principe. The Huk leader told appellant that he
(appellant) would be informed accordingly when the
kidnapping was to be effected and the latter answered that
Lt. Alcantara could count upon him all the time. Appellant
knew, and must have realized the frightful consequences of
being kidnapped by the Huks. He was not unaware of
previous other kidnappings of prominent citizens in the
Bondoc Peninsula the kidnapping of Ex-Mayor Yumul of
Lopez, of Wee King of Catanauan, of the Barrettos of
Gumaca, and of De Leon of Catanauan which had
invariably resulted in either the loss of honor of the victims,
payment of huge amounts for ransom by their families, or
the horrible deaths of the victims. With that knowledge,
nevertheless, herein appellant agreed and conspired with Lt.
Alcantara and his men in the kidnapping of Elvira Taada
Principe, who was not only detained by Lt. Alcantara and his
men in the mountains for eighteen (18) days, but was only
released after the payment of a P50,000.00 ransom. These
circumstances, to the mind of the Court, altogether show
that appellant enjoyed such ascendancy of the mind over
that of Lt. Alcantara to the extent that his suggestion was
the efficacious inducement which led the latter and his men
to proceed with the criminal design, thus making herein
appellant a principal by inducement. However, for failure to
obtain the necessary number of votes to affirm the death
sentence in the decision appealed from, the penalty next
lower should be imposed.
WHEREFORE, appellant is hereby rentented to reclusion
perpetua. With this modification, decision is affirmed by way
DAZZLE DUTERTE 2
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91 - People Vs Castillo

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Section 132 Presentation of Evidence Evidence - Case no.

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