FIRST DIVISION
PEOPLE OF THE PHILIPPINES, Plainti ff~
CRHvI. CASE NO. 28288
-Versus- PRESENT: GERALDEZ,1. Chairman PONFERRADA, & GESMUNDO, JJ. VICENTE G. RENDON, Accllsed. Promulgated: . -,1.1 , ',' Ii' {/.' •/i'l, 1:)// .'.,;' ,i i;. '/./ x ------x
DEe TS ION·
PONFERRADA, .T.:
Acclised VICENTE G. RENDON is charged \vith violation of Section
3(e) of R,A. 3019, as ali1ended, otherwise knO\vn as the Anti-Graft and
Corrupt Practices Act, under the following Information' -
Crim. Case No. 28] 18
"That on or about the month of l'vlarch 2003, at the Municipality of Sebaste, Pro\'ince of Antique, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused VICENTE B. RENDON, a public officer, heing then the Municipal Mayor of Sebaste, Antique, in such capacity, in the performance of his official duties an(~ committing the offense in relation to office. with deliberate intent. evident bad 'faith and , manifest partiality. in order to give undue advantage and unwarranted benefits or preference to the j~1l1lilyof the \:ictim. Montano Demafiles. did \J\,J II~ecords. Vol. I.pp.I-3. \i J"IrJ",( I .~, •..•• _. __ . •••••,_~ __ ~,_b •
DECISION· Crim Case No. 28288 Page 2 Peuple \'s. Vicente G. Rendon
------.-- ..------.------then and there \\illfully, unlawfully and criminally. induce Eduardo Santos Ignacio to execute a false affidavit to implicate Jonathan Dioso and the latter's (3) minor companions in the killing of said Ivlontano Demafiles, by offering fv1r. Ignacio a job at the fvtunicipality of Sebaste and Five Thousand Pesos. v,hich f'vlr. Ignacio accepted and which could not have done(sic) if he were not then the tvtayor of Sebaste, Antique, thereby causing the filing of the charges against Jonathan Dioso and his three companions and their subsequent detention for the murder of ivlontano Demafiles resulting to undue injury to the said Jonathan Dioso and his parents tvlr. andt\lrs. Touchie Dioso. who were f()rced to hire the services of a lm\j'er in the amount of One Hundred Thousand Pesos and incidental expenses arising from his detention in the amount of Three lIundred Thousand Pesos, to their damage and prejudice.
CONTRARY TO LA W.··
Upon his arraignmcnt on August 16, :2005, the accuscd cntered a plea orNOT GUILTY to the offense charged in the foregoing ilifprmation.2
A fter the pre-trial con ference held on October 25, 2005 the Court issued an Amcnded Pre-trial Order3 dated January 17, 2006 which contains the following stipulation of facts and issues agreed upon by the parties, to Wlt-
"111.STIPULATIONS
I. That at all time material to this case, the accused was a public official occupying the position of Municipal tvlayor of Sehaste, Antique;
2. That during his incumbency as fVlunicipal Mayor, more specifically on February 11. 2003. a certain tvlontafio Demafiles was fOllnd dead within the premises of the' 1~ltter's residence;
3. That tvlontailo Demafiles was a relative of the accllsed being the latter's nephew;
4. That Jonathan Dioso was a· minor during. the period material to herein action:
5. That Jonathan Dioso was attending secondary schooling at the St. Blaise I Jigh Schoo! in Sebaste. Antique:
6. That Romeo ~'1. Silda was an cmployee of tlH~ rV!unicipality of Sebaste. Antique. specifically a Janitor. during all the timc material to herein action;
2 Id. ~!Ipp. 91-92. , td .. at pp. :206·:215. I _.. ~------.-- .... - !
DECISION - Crim Case No. 28288 Page 3 People \'s. Vicente G. Rendon
7. That it \vas accused fv[ayor Rendon who told Dexter DemafiIes, the brother of the deceased, to hire the services of the Castillon and Castillon Law Office for the purpose of prosecuting the perpetrators of the crime;
8. That on March 10, 2003, a crimina! complaint for Murder
was filed before the 51h tvlunicipal Circuit Trial Court of CulasL Antique against J0I1athan Dioso, hereinafter referred to as "The tVlinor";
9. That a preliminary investigation was conducted by the Honorable Judge Felixberto P. Barte of the 51h Mlll1icipal Circuit Trial Court on tVlarch 13, 2003. which investigation resllltecl in a' finding of probable cause against "The !'vlinor";
I O. That the Judge's finding of probable cause was baseel on the sworn statements of Romeo tvl. Silda and Eduardo S. Ignacio, who both claimed to have personally witnessed the alleged murder;
II. That on IV[ay 8, 2003, Eduardo S. Ignacio executed an Affidavit of Retraction stating inter alia, that his declaration in his S\\iorn Statement dated March 13, 2003 were all false;
12. That "The fv[inor" was detained at the Sebaste Municipal Jail, and thereaf1er at the Bureau of Jail IVlanagement and Penology Office in Culasi, Antique;
13. That on November 10, 2003, accused I'vlayor Rendon requested the urgent and immediate relief of five (5) Sebaste Philippine National Police Officers, namely, P03 Eugene C. Insigne. SPO I .lose.!. Condino., P02 Jonathan R. Dapat, PO I Levi C. Dalumpines, and PO I Valentin B. Calanog;
14. That the foregoing request was supposedly on account of accused 1vlayor Rendon's alleged loss of confidence in said officers for 'obstructing [hisl drive against illegal drugs,
insurgency and r for] engaging in other activit ies which are greatly prejudicial to his peace and oreler campaign in Sebaste;
15. That the accused 1vlayor Rendon's letter requesting the immediate relief of the named police officers was dated November 10.2003.
IV. ISSUES
1. Whet her or not the accused fabricated and/or caused the fabricaiion of evidence against Jonathan Dioso, Jay Gellang, Jonathan f'vlanalo, and Jacinto Imbang while in the performance of his official duties or in relation to his public ) position; ") \Vhether or not the accused caused undue ll1.Jury to \1 .•.. ~~_._.~, .._--_._ ..__ .. -
DECISION - Crim Case No. 28288 Page 4 People .vs. Vicente G. Rendon
Jonathan Dioso, his family, and the government in abusing his position as Municipal rVlayor of Sebaste, Antique;
3. Whether or not the acclIsed acted \vith manifest partiality, evident bad faith or gross. inexcusable negligence against ··The f\itinor"; and
4. Whether or not the private complainant and the accused are entitled to civil damages."
EVIDENCE FOR THE PROSECUT10N
At the trial, the prosecution presented the following witnesses and exhibits - \\!ITNESSES
I. P03 Eugene C. Insigne - a member of the Philippine National
Pol ice (PN P) and assigned as warrant officer at the Municipality of
Sebaste, Antique. He testi fied that he became a member of the
PNP at the Sebaste Police Station in 1987; that in 2003, after he
was desigmlled as police investigator of the said police station, he
investigated the killing of one rvlont8l10 Demafiles of poblacion
Sebaste, Antique on February 11,2003; that in his investigation, he
interviewed several persons including four (4) male high school
students, namely, Jonathan Diqso, Jonathan Manalo, Jacinto Imbang, and Jay Gellang who denied the killing so that none of
them become suspects; that since the pol ice cannot find any
\vitness or identify any suspect to the killing, the accllsed, who \vas
then the TvIunicipaJ !\IIayor of Sebaste, Antique, told him that he
wi I! look for witnesses; that on february 26, 20G3, the accused
brought to their police station one Romeo Silda, a Utility \\forker
in the l'vlunicipality of Sebaste, Antique as a witness to the killing;
that after he interviewed Silda, he prepared the latter's affidavit
and signed it in the presence of the accused and P02 Elmer , Dionila. Ire further testi fied that even with the statement of Silda;'\ '\ \ -" ... \ ' he could not still file a casebecallse another witness is still
necessary to corroborate Silda's account; that it was only after / · I J~__. I
DECISION - Crim Case No. 28288 Page 5 People \'s. Vicenle G. Rendon
Eduardo Ignacio has submitted an affidavit-l that they were able to
file a criminal complaintS with the 5th fv1unicipal Circuit Trial
COUrL of Culasi, Antique charging the said four (4) male high school students with the crime of murder for the death of Montano
Dema fi les; and that he arrested the said four accused af1er a
\Varrant of Arresth \vas issued by the court and detained them at
the Sebaste Police Station. Moreover, he testified that pursuant to
a letter request70f the accused dated November 20, 2003 and
addressed to Sup!. Ronelo B. Quebrar, Officer-in-Charge, Antique
Police Provincial Office, he and other four (4) pol ice officers were
relieved from the Sebaste Police' Station and he was reassigned at
Semirara, Caluya, Antique; that after getting hold of the said letter
of the accused, they "'·/rote a letter dated December I, 20038
addressed to Sup!. Ronelo V. Quebrar denying the allegations of the accllsed in his letter of November 20, 2003; and that as stated
in the third paragraph of their letter, he and the other relieved
pol ice officers executed an undated DeClaration9 that they are not
privy to the acts of J'vlayor Vicente Rendon in fabricating evidence
against Jonathan Dioso, Jonathan I'v1analo, Jay Gellang, and Jacinto
Imbang.
2. 1\1•.. Edllanlo S. Ignacio - a cook and a resident of Poblacion,
Sebaste, Antique. He testi [led that he knows personally the
accused, Vicente Rendon, \vho was the JVlunicipal Mayor of
Sebaste, Antique in 2003; that in the afternoon of February 28,
2003, Romeo Silda went to his house and told him that accused
Mayor Rendon wanted to talk to him and, as tole!, he went to the
hOllse of the accused \vhere the latter told him that if he will agree
to be a witness for the 8rrest of some persons, the accused would
give him PS,OOO.OO and a job in the municipality; ane! that since he
I Exhibit "B".
S Exhibit ·'A". 6 Exhibit "E".
7 Exhibit "CC" s Exhibit ·'DIY. q Exhibit "B8" .1--I .__ ._.._.. _
DECISION - Crim Case No. 28288 . Page 6 People \'s. Vicente G. Renclon
could not do what the TvIayor wanted him to do, he declined the
olTer and went home. He further testified that in the evening of
T\/larch 2, 2003, he met the T\ilayor at the Police Station of Sebaste,
Antique and the latter ordered him to buy two (2) cases of beer at a
nearby store; that while drinking beer with Chief of Police
Gallofin, accused Mayor Rendon, and Police Officers Dalimpines,
Eugene Insigne, and Apolinar Retason, the accused again told him
"onong kinototokol lno, lesligo kCI,/1WY troboho ko po, Inoy pero ko pa, may pobor po and pami~}'a mo. Telesligo ko para sa akin. Ako
([ng lHayor, natatakot ka? Pag ikall' ang diyos, lahat nang santo
kayo mong pogsisipoin yan"; that knowing that the accused is an
influential' person and induced by the temptation of money and
employment, he acceded to the request of the accused; and that on
the following morning he reported for work in the office of
COMELEC Jose Ira Villanueva and, thereaftet:, he was installed as
utility man in the Sebaste Police Station. JVIoreover, he testified
that on l'vlarch 12,2003, while he \vas working in the police station
somebody called him and a fter he \vent inside the kitchen of the
station, he saw Chief of Police Gallofin who told him to sign the
Affidavit inside a folder and as told, he signed the said Affidavit
without reading it; that after signing the Affidavit, he went olltside
the station and boarded the vehicle of the Mayor and they
proceeded to the rvlunicipal Circuit Tl:ial Court (MCTC) in Culasi,
Antique presided by .Judge Barte; that inside the vehicle were the
Mayor, the latter's wife and son, P03 Ibon who \vas carrying the
Affidavit that he signed, and Romeo Silda; that after they arrived at
the rvrTC of Culasi, Antique, he, together with Mayor Rendon,
Silda, and P03 Tbon entered the office of Judge Barte, but since the
latter was absent, they returned to the vehicle and went back to the
police station in Sebaste, Antique; that while they \vere on their\ \ \
way back to Scbaste, Antique, the accused instructed hi In to state \, f"'" in the investigation that he saw four (4) persons in the evening of \J\,;1\,)/ DECISION - Crim Case No~ :28:288 Page 7 People vs. Vicente G. I{endon
February 11,2003 running, one of them holding a jungle bolo with
blood still dripping; and that after they arrived at the police station
in Sebaste, he went back to his work. He also testi fied that on the
following clay, l'vIarch 13, 2003, he, the accused [\ltayor, the latter's
wi fe and son, P03 Ibon, and Silda went back to the rvrcTc in
Culasi, Antique on board the vehicle of the accused and while they
were on their way to Culasi, the accused kept on telling him not to
be afraid as he (accused) would take care of everything; that when
they arrived in Culasi, Antique, they proceeded directly to the
court room of Judge Barte of the IV1CTC of Culasi, Antique; that
while in the court room, Judge Barte called him and Romeo Silda
and told them to s\vear to their respective A ffidavits; that all the
while, the accused \vas inside the court room while Judge Barte
made them to swear to the truth of their respective declarations;
that after they had sworn to their respective Affidavits, he and
Silcla went out of the sala of Judge Barte and the party proceeded
to take their lunch; that after taking their lunch, at around 3:00 to
4:00 rrvr, somebody told them that the warrant of arrest that they
were waiting for was there already, and bringing with them the
warrant of arrest,· the entire party proceeded back to the pol ice
station of Sebaste, Antique and the alTesting officer proceeded with
the arrest of the four (4) minors; that upon seeing the arrest of the
four minors, he went home with a guilty feeling because of the
document that he signed; that on the following day, he approached
Chief of Police Gallofin at the police station and told him that he cannot do what the TVlayor wanted him to do; and that on the
following day he left for Boracay to look for a job and stayed there
\lntil MayA, 2003. He also testified that \vhile he \vas in Boracay,
he was able to talk to rv!r. Dioso (father of one of the four minors,
Jonathan Dioso), and the latter accompanied him to the office of
Prosecutor Salvador Pe at the Hall of Justice of San Jose, Antique DECISION - Crim Case No. 28288 Page 8 People \'s. Vicente G. Rendon
and before \~dlOm he signed and s\vear an Art'jda~!it ofRetraction;IO
that since there\vas a mistake in his Affidavit of Retraction, he
went back to the office of Prosecutor Espanola before whom he
executed a Supplemental Affidavit; that after executing the
Affidavit of Retraction, he felt lighthearted; and that the burden he
was carrying is now gone and feels free.
3. P02 Valcntin H. Calanog - Police Officer II assigned at the Sebaste Police Station. He testified that he has been a Police
Of/lcer I since October 1998; that on September 17, 2002, he was
assigned at the Sebaste Police Station and in January 2003, he was
designated as Assistant Police Investigator in the said station; that
as Assistant Police Investigator, he and other police officers
conducted on February II, 2003 an investigation regarding the
death of ]'vlontano Demafi les, who was a resident of Poblacion,
Sebaste, Antique and a nephevv of JVlayor Vicente Rendon; that he
knows Montano Demafiles because during the tovm fiesta of
Sebaste, Antique on February I, 2003, Mayor Rendon ordered for
the arrest of Demafiles as shown under Entry Nos. 14432 and
14433 of the Police Blotter of the Sebaste Police Station; that in
their investigation, they were able ·to determine the cause of death
of Montano Demafi les but they were not able to determine the
person/s liable for Demafiles' death. He further testified that \vhile
he was at the Sebaste Police Station in the evening of 1vlarch 2,
2003, he saw l'vlayor Rendon arrived at the station looking for Mr.
Eduardo Ignacio; that after 1vlayor Rendon saw Mr. Ignacio, he
saw IVlayor Rendon convincing Mr. Ignacio to execute an Affidavit
as a witness regarding the death of Montailo Demafiles in
exchange for a job as Utility \Vorker at the police station; that on
tdarch 3 to [\/larch 13, 2003, Mr. Eduardo Ignacio reported for
work at the pol ice station. He also testified that on IVlarch 13, 2003,
he saw I\'layor Rendon, together with Eduardo Ignacio and SOme
10 ExiJibit "0" DECISION -- Crim Case No. 28288 Page 9 People \'s. Vicente G. Rendon
companions boarded a service pick-up bound for Culasi, Antique;
that after the group returned to the police station in the afternoon of
the same day, they brought with them a warrant for the arrest of
four (4) minor pel'sons; that upon receipt 0 f the warrant of arrest II
and upon the order of their Chief of Police, he and a team of
arresting police officers proceeded t.o Saint Blaise High School
where they executed the warrant and arrested Jonathan Dioso,
Jonathan Manalo, Jay Gellang, and Jacinto rmbang, all minors, and
brought them- to the Sebaste Police Station where they were
detained for almost three (3) \veeks. Moreover, he testi fied that he
and the other police officers of the Sebaste Police Station signed a
Declaration 12 where they declared that they are not privy to the acts
of rVlayor Rendon fabricating evidence for the filing of a case
against the _minors for the death of Montano Oema{iles; that in a
letter13 dated November 20, 2003 addressed to Pol ice Supt. Ronilo Quebral, orc of the Antique Police Provincial Office, Mayor
Rendon requested for the relief and re-assignment of the officers
who signed the Declaration; and that in response to the said letter
of rVfayor Rendon, he and the other police officers\vho signed the
Declaration made a joint letterl') dated December 1, 2002
addressed to Police Sup!. Ronilo Quebral, OIC of the Antique
Police Provincial Office, accepting their relief or reassignment but
they that they are not accepting the reasons vvhy IVlayor Rendon
requested for their immediate relief.
4. IVIs. Vilma B. Reyes - Principal ofSt. Blaise High Schoo\. She
testified that she has been the principal of St. Blaise High School
since .Iuly I, 1982 up to the present; that based on the Enrolment \ List 15 of St. Blaise High School for School Year 2002-2003 i \ Jonathan Dioso was a Third Year student in the said school year;
II Exhibit '-[", I" Exhibit "88",
11 Exhibit "CC", II Exhibit "DD",
IS Exhibil "(I-'-I-a" DECISION - Crim Case No. 28288 Page 10 People \·s. Vicente G. Rencl0l1
that on r\/far~h 19,2003, in response to the letter-requestl6 of Atty.
Danny N. Valenzuela, she issued a Certi fication 17 certi fying that
Jonathan Dioso is a bona fide student of the school and a person of
upright morals and good behavior; that sometime in IVfarch 2003, Sebaste Chief of Police Gallofin went to her office in the school
and requested for the presence of four (4) students namely,
Jonathan Dioso, Jonathan rvfanalo, Jay Gel lang, and Jacinto
Imbang, who were allegedly their principal suspects in the killing
of fvlontano Demafiles; that as requested, she brought the said studerlts to the Guidance Office where Chief Gallotin handed to
her the warrant for the arrest of the said students; that lIpon seeing
the wal:rant, she I:equested Chief Gallqfin not to arrest the students
inside the campus which the latter acceded so that the arrest was
executed outside of the school premises; and that after the arrest of
the said students, she, together '.vith some students and teachers,
went to the police station where they saw them locked inside a cell. She further testi fied that v"ith the arrest and detention of the four
students, they were only allowed to take their final examinations in
school escorted by the police; and that after his detention, Jonathan
Dioso was able to enroll for the School Year 2004-2005 but when
she saw him (Dioso), she observed that he became a loner and kept his distance from his friends because he told her that when he
rememl)ers \vhat had happened to them far the last three months
that they \vere detained, he is really ashamed.
5. 1\1.-. Dionisio1\1~ Manalo - a farmer and a resident of Sebaste,
Antique. lIe testified that he knows the private complainant
Touchie Dioso because they reside in the same barangay; that he
also knows the accused Vicente Rendon because the latter is the
farmer J'v1unicipal rvfayor of Sebaste, Antique; that in the afternoon
of March 13, 2003, four (4) minors, namely, Jonathan rvfanalo,
Jonathan Dioso, Jay Gellang, and Jacinto Imbang, were arrested
16 Exhibit "U-l o'
17 ExhibitOOU-l-a" ! i
DECISION - Crim Case No. :28288 Page 11 People \'s. Vicente G. Rendon
school becaLlse he was escorted by the police while attending
schoo\.
o. !VI r. TOllchie L. Dioso - the private complainant and father of Jonathan Dioso. He testified that he knows the accused Vicente
Rendon because he was the Municipal IVrayor of Sebaste, Antique
fron) 200 I to 2004; that on March 13, 2003, at around 5 P.M., his
son, Jonathan Dioso, who was then 16 years of age, together with
Jonathan Manalo, Jacinto Imbang, and .lay Gellang, were arrested
by the Sebaste Police after their dismissal from St. Blaise High
School and were detained at the Sebaste police station because
they were suspects in the killing of IVlontano Demafiles on
\ \ \ \ \ IS Exhibil "I-lir. \1\ / DECISION - Crim Case No. 28288 Page 12 People \'s. Vicente G. Rendon
February 11,2003; that his son and his companions \vere detained
at the Sebaste Police Station from fvlarch 13, 2002 to April 20,
2003 until they were transferred to the BJMP in Culasi upon Order
of the COl1l1 on April 21, 2003 and detained there until May 31,
2003; that during the time that his son and his companions were
incarcerated in these detention cells, they were not segregated from
the other adult detainees and that his request that the four (4)
minors be segregated from the· other adult detainees was not
heeded to because, according to the guard, Mayor Rendon ahvays
visited them in jail; and that it was accused ]'v1ayor Rendon who is
the complainant in the Murder case that was filed against his son
and his companions because the accused was the one attending to
the case and the one who produced Romeo Silda and Gregorio
Ignacio, as alleged witnesses in the saidcriminal case. Moreover, he testified that on April 29, 2003, at around 8:00 A.M., Roger Cabi lias went to their house and informed him that the accused
wanted the amount of PSOO,OOO.OO in exchange for the freedom of
his son but he declined the offer; and that on the first week of May
2003, after learning that his sister-in-la\v, who is a nurse working
in Switzerland had arrived, the accused together with his wife,
V-lent to their house and asked for an ap010gy and wanted to settle
the case, but their family refused to settle \vith the accused. He also
lestified thaI onrvray 30, 2003, the prosecutor of San Jose,
Antique, after review of the Resolution of Judge Barte of the
rvrcTc of Culasi, Antique finding probable cause against his son
and companions for the murder of Tvlontano Demafiles, issued a
Resolutionl9 di~missing the said murder case for lack of probable
cause based on the Affidavit of Retraction executed by witness
Eduardo 19nacio on rVlay 8, 2003~o and on the material inconsistencies in witness Silda's versions of the murder he
purportedly witnessed so that his son and companions were
19 Exhibit "EE'·. 20 Exhibits "0" & ··r". DECISION - Crim Case No. 28288 Page 13 People \·s. Vicente Ci. Rendon
released from jail on May 3], 2003, further, he testified that the
mrest and detention as well as the filing of the murder case against
his son before the ]'vICTC of Culasi,Antique, caused him and his
f~1miIy unexpected expenses in that he \vas constrained to go to
Iloilo City and engaged the services of Atty. Danny N. Valenzuela
tn defend his son in the case and, for this purpose, he paid Atty.
Valenzuela the sum of PI 00,000.00 for his professional services as
per Clients Account21 with service contract with him and
P4,000.00 appearance fee; and that he also incurred expenses for
food as well as for transportation in bringing food to his son from
Sebaste, Antique to Culasi, Antique in the amount of P50,000.00 rnore or less.
EXHIBITS
""A'" Criminal Complaint 1'01' Criminal Case No. 3067-S dated rVlarch 10,2003.
""8" A ffidavit executed by Eduardo S. Ignacio dated fvlarch 13,2003.
'''C'' Resolution in Criminal Case No. 3067-S
issued by JudgePelixberto P. Barre of the 5th tvlunicipal Circuit Trial Court of Culasi, Antique dated April 10, 2003 finding that probable cause exists against the four (4) ·minors committed the crime of l'vlurcler.
"D" Rcsolution in Criminal Case No. 3067-S
issued by Juelge Felixberto P. Barte of the 5th Mlll1icipal Circuit Trial Court of Culasi, Antique elated April 10, 2003 denying the accused' Urgent Ex-Parte Motion to Release Accused on Recognizance.
"1~" \ValTant for the arrest of Jonathan Dioso, .lay \ Gellang, Jacinto Imbang, and Jonathan ~
Manalo13,2003. issued by .J udge Barre elated March ~.'\ '
.'1 Exhibit "Q". DECISION - C\im Case No. 28288 Page 14 People \'S. Vicente G, Rendon ---- ._------_._------.------~.~------,- "[-1" Order far the arrest Jonathan Dioso, Jay Gellang, Jacinto Imbang, and Jonathan. Manalo issued by Judge Barte dated I'vlarch 13,2003.
Certi fication issued by the Office of the Chief of Police on Police Blotter Entries regarding the arrest of Jonathan Dioso and other companions dated September 5, 2003.
Certification issued by the Chief of Police on Police Blotter Entries regarding the detention ancl transfer of Jonathan Dioso ancl other companions from the Sebaste Police Station to the BJMP in Culasi, Antique dated September 5, 2005,
"(J-2 Certification' issued by the B.Jrvrr of Culasi, Antique regarding the detention of Jonathan Dioso and other companions from April 21, 2003 to J'v1ay 30, 2003.
"H Certificate of Live Birth of Jonathan Dioso.
"1\11 Original photograph of the Sebaste Police Station jail cell where Jonathan Dioso was detained along \vith three (3) other minors and occasional adults.
"1\11- 1 " Original photogi-aph of the Sebaste Police Station jail cell where Jonathan Dioso \vas detained along with three (3) other minors and occasional adults,
"lvI-I-a" Original photograph of the bamboo bed that Jonathan Dioso shared \vith three (3) and sometimes four (4) other detainees.
"fYl-I-b" & • Original photograph of the 2' high concrete "l'vl-3" divider that separated the sleeping area from the toilet.
"l'vl-2" Original photogrqph orthejail cell cloor. "()" Affidavit of Retraction executed by Eduard(~
"r SupplementalS. Ignacio dcHeclA Mayrlidavit8, 2003.executed by Eduardo \\'\-; DECISIONm Crim Case No. 28288 Page 15 People \'s. Vicente G. r "Q" Client's Account/Retainer Agreement between Touchie Dioso and AUy. Danny N. Valenzue]a. "S" Summary of various receipts of expenses in relation to Criminal Case No. 28288 entitled People of Philippines vs. Vicente Rendon. ,'s 1" to "S• Eight (8) airplane tickets for Iloilo to Manila 8", "S-I ]" & and Manila to Iloilo in the name of Atty. "S-13" Dt1nny Valenzuela, private prosecutor in the criminal case filed by Touchie Dioso against the accllsed. "S-9", "S- Official Receipt Nos. 06059 and 014553 10",&S-12 isslled by Air Philippines, and Official Receipt No. 0149 issued by Rei na Travel and Tours for the payment of airfare and related fees. "S-14" to Official Receipts Nos. 7855, 7449,7246,7247 "S-18", S• and 7940 issued by Great Eastern Hotel, Inc. 25", "S-27" .as evidence of receipt 0 I' . payment for accommodation thereat. "S-19" to Statcll1Cnts 'oJ'Account Nos. 0073093; "S-24", "S• 0073094, 0072242, 0072244, 0272243, -,/6" "S-/8"-, . 0068999, 0071979, 0073495, and 0073496 & "S-29" issued by Great Eastern' Hotel to Atty. Valenzuela, Carolina Dioso, and Touchie [)ioso for accommodation thereat. "S-30" to Original Receiving Copy of the Transmittal "S-42" Ticket stubs/OFncial Receipts Nos. 0019820, 0130604, 0142011, 0016463, 0304423, 0016601, 002166363, 0292419, 003419493, 003444627, 002897688, 0276297, and 003LI67114 issued by Manila International Airport Authority and the Air Transportation Office as evidence of receipt of the payment of tcnriinal fees. \ \ RobinsonOfficial ReceiptSupermarketNo. 40-35998130Corp. as evidenceissued by\01\'-"1' receipt of payment for a bottle of mineral~ J water and green tea lemonade. '~" . r'rl DECISION - Crim Case No. 28288 Page 16 People VS. Vicente G. Rendon ------_._-----...... ,-_ ..._-----_._~------~------~------~------"T" - Client's Account/Retainer Agreement bet\-veen TOLlchie Dioso and Atty. Danny Valenzuela. "U-1 " Letter dated March 19, 2003 addressed to Vilma Reyes bf St. Blaise High School requesting certi fications of good moral character. "U-1-a" - Certification of good moral character dated March 19, 2003 issued by St. Blaise High School and signed by Vi Ima Reyes. "U-Lj" & "u- - S1. Blaise High School Enrollment List for 4-a"· Academic Year 2002-2003 signed by Vilma Reyes. "813" - Deelamtion executecl by P03 Eugene Insigne, .' PO I Levi C. DalLlmpines, P02 Jonathan R. Dapat, PO] .lose Candino, P02 Valentin B. Calanog and P02 Raymundo M. delos Reyes. "CC" - Letter elateel November 20, 2003 addressed to Supt. Ronilo V. Quebrar, Pol ice Superintendent, signed by the accllsed. "OD", "DD- - Letter dated December I, 2003 addressed to ]" to "DD- Supt. Ronilo V. Quebmr, Police 4" Superintendent, signed by PO I Levi Dal impines, PO ] Valentin Calanog, P02 Jonathan Dapat, and P03 Eugene Insigne. "EE" . - Resolution elated fVlay 30, 2003 issued by the Office of the Provincial Prosecutor of San .lose, Antique. "I HI" - Certification issued by the Office of the Chief of Police dated March 19,2003. ".1.1" - Certi fication issued by the Office of the Chief of Police dated March 20, 2003. EVIDENCE FOR THE DEFENSE: For its part, the defense presented the. following witnesses exhibits - DECISION - Crim Case No. 28288 Page 17 People \'s. Vicente G. Renelon _._--"------~._------_._._--_ .._-----_._---~~------,-~---_.__ ._--~-_._---~~~----- \\Ti tnesses I. M r. Romeo IVI. Silda - a laborer and a resident of Poblacion, Sebaste, Antique. He testi fied that between 10 and 11 o'clock in the evening of February II, 2003, while he was on his way to the Sebaste Police Station located bet\veen Igualta and De!os Reyes Streets to report a "kuliglig" loaded with illegal logs that he saw in the public plaza, he heard the i110aning of a person; that upon closer observation of the moaning, he saw four (4) teenagers or "bil1oti~vos" rushing out one"" after the other from the· fenced" yard of rvlontano Demanles and proceeding and ntnning to Igua!ta Street towards the north; that he saw one of them, Jonathan Dioso, carrying a bolo still dripping with blood and when he checked the yard of j'vlontano Demafiles, he saw the latter laying I~lce dawn on the ground; and that because he might be a suspect in the killing of rvlontano Demafiles, he immediately went home and told his wi fe what he witnessed i,e., Montano Dema fi les was hacked by four (4) teenagers. He further testi fled that the second person to whom he told about the incident was Dexter Demal~les, brother of the victim, Montano Demafiles, \vhen they met at the rice field in the morning of Febrqary 26, 2003; that alter telling Dexter Demafilcs about the killing of his brother, the latter accompanied him to the Sebasle Police Station that same morning where he gave h is Sworn Statement22 before P02 Eugene Insigne and thereafter subscribed to before MTC Judge Barte of Culasi, Antique. J'vloreover, the viitness also testi fied that at about 3 :00 o'clock in the early morning of September 29, 2003, while he and his \vife and daughter \\lere on their way towards the rice field of Barangay Captain Bindol of Barangay l3arosbos to harvest palay, he was abducted by 1\\10 (2) unidentified . men and brought him to a white bungalow house I I in Rebisco Village in Culasi, Antique, where he met and talked with r certain rvlanang 'Inday; that from said house, they proceeded to the ~~Exhibit "j ". DECISION - Crim Case No. 28288 Page ] 8 People \'5. Vicente G. Rendon office of Atty. Danilo Valenzuela \vhere he sa\v the latter and a lady companion, \vhom he identified as Prosecutor Maria Janina Hidalgo; that after entering the office of Atty. Valenzuela, the latter told him • "i\;/abuti at pinadola ka ni Board i\Iel776er Jenn)' dela Cruz. Are YOll sincere noil' to lest{fjl in our/avor?;" that fearing that he will be killed by the. persons who abducted him if he refuses to testi fy in favor of Atty. Valenzuela, he acceded to the request of the latter; and that after his conversation \vith Atty. Valenzuela, the latter went to the computer and prepared the A ffidavit or Recantation23 that he signed in the presence of Prosecutor Hidalgo. Further, he testi fied that after he informed accused Mayor Rendon about his abduction and the signing of the Affidavit of Retraction, the latter brought him to Manila and proceeded to the Office of the CIDG at Camp Crame where he executed and signed a "Alalaya at Klisang Lo06 na So lays ay" 2·1 that was taken and prepared by P02 Victor Diala; and that on November 25, 2003, he also executed and signed a six-page "Karagdagang ') - Silllll77poang Sola)'say"-) taken and prepared by P02 Vicente Demagarao,Jr. at the CIDG Office at Camp Delgado in Iloilo City. ') !VIr. Dextcr R. Demafiles - a f<.imlcr and a resident of Sebaste, Antiquc. I-Ie testified that at about 8:00 in the morning of February 26, 2003, while he was irrigating his rice field in Sitio Barasbas, Sebastc, Antique, he was approached by Romeo Silda who requested him to accompany him to the Sebaste Police Station; that at the police station, Romeo Si Ida \vas investigated by P03 Eugene Insigne where he (Silda) gave his statement regarding the killing of his brother, [\/fonlano Demafiles; and thaI he also accompanied Romeo Silda and prosecution \vitness Eduardo Ignacio, to the MTC of Culasi, Antique r\ where they vverc examined by Judge Bartc or the said court. He als,6\, \. '. lest; Ilcd Iha I he and his bral her-; n-Ia IV, Judy Man ugay, con Iracted lh\ \ services of Atty. Rex Misa Castillon in Iloilo City as __n:_.~L \ ~, Exhibit --T_ 11 Exhibit 003"_ 25 Exhibit "-1"_ DECISION - Crim Case No. 28288 Page 19 People vs. Vicente CJ. Rendon ~~~------~-_ .. _--~-----_._------'----_. __._--_._----.------prosecutor in the criminal case filed against the four (4) minors on the killing of his brother. 3. ]VIs. Brenda Rendon a retired employee of the Philippine Red Cross and former con fidentiaJ executive assistant of the accused. The testimony of this witness was dispensed v/ith after the Prosecution mimitted the purpose for which the testimony of this witness \vas offered \vhich was to establish that Romeo Silda is among the casual employees of the IvlunicipaJity of Sebaste, Antique, and that the name of prosecution witness Eduardo Ignacio is not included among the list of casual or contractual employees of the said municipality. 4. 1\1r. Hoberto T. Gal/ofin -- an Officer of the Philippine National Pol ice (PNP) assigned at Delauan, Antique. He testi Cied that he was the Chief of Police of the Sebaste Police Station in Sebaste, Antique, when Tvlontano Demafiles was hacked to death on February 11,2003; that upon learning of the hacking incident, he instructed P03 Eugene insigne to conduct an investigation about the incident for purpose~ of identifying the suspect/s in the killing and to look for witnesses; that after a witness, Mr. Romeo Silda, a utility \vorker of the Municipality of Sebaste, came out on February 26, 2003 as a witness to the hacking incident, he . again instructecl his investigator to look for another witness to corroborate the st8tement of said witness; that on March 1, 2003, PO] Insigne informed him that Eduardo Ignacio, a "striker" at their police station, came out and submitted an affidavit regal'ding the hacking incident; that as a striker, Eduardo Ignacio usually reports every morning to clean the surroundings of the station and cook their viands \vithoLIl any compensation bGcause he also partakes with their food; that on March ] 3, 2003, he signed and filed the Criminal Complaint" on the hacking orManlano Demanles with the MUniCiJ1jl , Trial Court of Culasi, Antique; and that during the investigation of Jh hacking incident, there was no person/persons (including the accus who approached him conduct the investigation in his or their favor. .'6 Exhibit "'7". DEC1Sl0N - Crim Cas~ No. 28288 Page 20 People \·s. Vicente G. Rendon ------_._---_._------_._------_._---~------ EXHIBITS "'I" , "I-A" , S\vorn Statement of Romeo M. Silda given to "I-A-I", "1• P03 Eugene C. Insigne, PNP, on February 13", "1-11-1", 26, 2003 which was subscribed and sworn to & "1-13-2" before rvlTC Judge Felixberto P. Barte of Culasi, Antique on rvIarch 13,2003. ';'2", "2-A"', Affidavit of r~ecantation of Romeo Silda "2-8", & "'2- dated September 29,2003. C" "3", ""3-A", Ivla/aya at Kusang Loob naSa/nysay of "3-B", "3- Romeo i\t!. Si/da J7([ Ibinigay kay P02 Victor C" , &r " -'....__C F. Dia/a saSilid Szvasatan ng A DC1N, C1DG, I" Cal1jp Crame, Quezon City. "'4" , "4-A" , Karagdagang Sinllmpaang Sa/aysa}! ni "4-B", ~'4• Romeo i\-1. Si/da na kinllha ni P02 Vicente D. C", "4-D", Demaduro sa Himpilan ng Criminal "4-E", & "4• Investigation and Detection Group, Camp E-I" De/gado, 1I0i/o City. "5", & "S• Contract of Retainer for Legal Services A" between Atty. Rex Suiza Castillon and clients Dexter Demafiles and the latter's brother-in• 18\\1, Judy Manllcay. "6", "6-A"- , Certi ficate of Appearance issued by Regional & "6-13" Director Sonia· V. Seville, CESO V of the Bureau of Fisheries and Aquatic Resources, Regional Office 6, Iloilo City. "7", "7-1'\" Copy of the Criminal Complaint filed by Senior Police Officer Roberto Gallofin in his capacity as the Officer-in-Charge of the Sebaste Police Station, Municipality of Sebaste, Antique. In compliance with the Order of the Court dated June 2, 2008,27 th\~ . defense and the prosecution submitted their respective Memoranda date~\ \"'\"'" August 26, 2008- 's and August 29,2008,- I') respectIvely... ~ (..J J 2' Records. Vol. II. p. IS. 2X Id. at pp. 62-80. DECISION - Crim Case No. 28288 Page 21 People VS. Vicente G. Rendon The Facts: During the incumbency of the accused Vicente Rendon as Municipal tvlayor of Sebaste, Antique, his nephew, J\,lontano Demafiles alias "fvlondit", was hacked to death in the evening of February 11, 2003 in the latter's residence in the said municipality. On February 26, 2003, while the Sebaste Police was conducting an investigation on the killing, Romeo Silda went to the Sebaste Police Station and gave his S\vorn Statement30 before P02 Eugene Insigne identifying four young persons namely, .Jonathan Dioso, Jonathan Ivlanalo, Jay Gellang, and Jacinto Imbang as the alleged perpetrators of the murder of rvlontano Demafiles. On ]'vlarch 1, 2003, Eduardo S. Ignacio also went to the Sebaste Police" Station and submitted his AfTidavit31 attesting that in the evening. of February II, 2003, while he was on his way home, he saw four (4) young persons suddenly appeared in front of the house Montano Demafiles walking hurriedly on Igualto SL towards the north and identi fled the two (2) young persons as Jonathan Dioso, and Jonathan Manalo. On March 10, 2003, Senior Police Officer II and Ole Roberto T. Gallofin of the Sebaste Police Station, filed before the 5th Municipal Circuit Trial Court (J\IJCTC) of Culasi-Sebaste at Culasi, Antique a Criminal Complaint32 chargin'g Jay Gel lang, Jonathan Dioso, Jacinto Imbang, and Jonathan Ivlanalo \"lith the crime Murder for the death of the said Montaiio Demafiles. Jay Gellang, Jonathan Dioso, Jaciilto Imbang, and Jonathan i \ Manalo \vere all minorsattendihg sec0l1daryschooi at SL Blaise High \ ' School in Sebaste, Antique at the time of the fil ing the said criminal JO Exhibit "I". JI Exhibit "11". oc Exhibit "A". DECISION - Crim Case No. 28288 Page 22 People VS. Vicente G. Rendon complaint. On l'vlarch 13, 2003, Judge Felixbcl:to P. Bane of the Slh T'vlunicipal Circuit Trial Court conducted a preliminary investigation on the murder case which resulted in a finding of probable cause. against the said accused• minors based on the S\vorn Statements of Romeo M. Si Ida dated February 26, 200333 and the A ffidavit of EduardoS. Ignacio dated {\/Jarch I, 2003,3'1 who both claimed to have personally \vitnessed the alleged murder of Ivlontano Demafiles. Consequently, on the same date, Judge Barte issued a 'A/arrant of Arrest35 and the accused-minors were arrested and detained at the Sebaste Municipal Jail, and thereafter, at the Bureau of Jail Management and Penology Office in Culasi, Antique. And on April 10, 2003, ./udge Barte issued a Resolution36 on the criminal complaint tor murder filed against the accused-minors directing the Clerk of Court to forward the records of the case to the Provincial Prosecutor's Office, San Jose, Antique for appropriate action. On 1'vlay 8, 2003, after he met and talked vlith the private complainant Touchie Dioso, Eduardo S. Ignacio executed an I~[fidavit of Retraction37 which he and the private complainant submitted to the Office of the Provincial Prosecutor of Antique on May 9, 2003. Tn the said Affidavit of Retraction, Eduardo Ignacio retracted his A ffidavit38 of March I, 2003 by alleging therein that the contents thereof \vere completely false because he had never witnessed the incident which led to the· death of "Mondit" Demafiles; and that accused Mayor Rendon convinced him to act as a witness to the killing of Mondit Demafiles by executing the said Affidavit of March 1, 2003 in exchange for the sum of 1'5,000.00 and a job in municipal building in the Municipality of Sebaste, Antique. 3J Exhibit "1 ". 31 Exhibit "13". 35 Exhibits "E", & "E-I ". 36 Exhibit ··C". 37 Exhibit "0". 38 Exhibit 'W'. DECISION -- Crim Case No. 28288 Page j'--' People \'s. Vicente G. Rendon ---- . ~ .--~jc) On ivlay 30, 2003, lipon revIew 01 the Resolution of Judge Barteand after considering the above Affidavit of Recantation of Eduardo S. Ignacio, Asst. Provincial Prosecutor Cesqr Dan T. Alecando of the Office of the Provincial Prosecutor of San Jose, Antique, issued a Resolution..fO (which \vas approved by 01 C Pro\'incial Prosecutor and Asst. Provincial Prosecutor Ricardo l-Iuele), finding that there is not enough probable evidence to establish the existence of probable cause to indict all the accused-minors for the crime of murder and consequently recommended for the dismissal of the criminal complaint against them. In a letter41 dated November 10, 2003 addressed to Supt. Ronilo V. Quebrar, Officer-in-Charge, Antique Police Provincial Police, accused rVlayor Rendon requested for the immediate relief from his municipality five (5) Sebaste Philippine National Police Officers, namely, PO] Eugene C. Insigne, SPO I Jose J. Condino., P02 Jonathan R. Dapat, PO 1 Levi C. Dalumpines, and POI Valentin 8. Calanog in view of his loss of trust and confidence on said police officers for obstructing his drive against illegal drtlgs, insurgency and for engaging in other activities which are greatly prejudicial to his peace and order campaign in Sebaste. As a consequence of the above request, P03 Eugene C.lnsigne, spa I Jose J. Condino.,. P02 Jonathan R. Dapat, PO 1 Levi C. Dalumpines, and POI Valentin R. Calanog were relieved from the Sehaste Police Station and were reassigned at Semirara, Caluya, Antique; and in an undated Declaration42 which was signed by them, the said police officers declared that tlley "are not prhy to the acts of lvlayor Vicente Rendon in fabricating evidence against Jonathan Dioso, Jonathan lvlanalo, Jay Gellang, and \ f\ the subsequent .filing of Criminal Case No. 3067-8 for Ail/rder and which Jacinlocase )t'as1111bangsubsequentlyil11p/icalingdismissedIhel11 inbyIhethecleaAntique1h of Man/ahaProvincialDel11afiProsecutor/es, an~\ 39 Exhibit '·C". 10 Exhibit "EE". ·11 Exhibit ooCC". 11 Exhibit "[3[3". DECISION - Crim Case No. 28288 . Page 24 People \'s. Vicente G. Rendon llnder I.S. No. 03-S-21-6857 i-,yx ojJirm thot the soid murder cose wos filed through the inj{iative of j\;/oyor Rendon by fabricating evidence against the fOllr minor occllsed'. On the basis orthe Affidavit of Retraction of Eduardo S. Ignacio, a complaint for violation of Section 3(e) ofRA 3019 and peljury v/as filed by private complainant Touchie Dioso, father of Jonathan Dioso, before the Office of the Ombudsman- Visayas against accused Mayor Vicente Rendon; and after preliminary investigation, the Office of the Special Prosecutor, Office of the Ombudsman, filed before this Court the instant case for violation of Section 3(e) of RA 3019 against Mayor Vicente G. Rendon. DISCUSSION AND RULING The accused is charged \vith violation of Section 3( e) of R.A. 30 I9, as amended, which provides as follows - "SECTION 3. Corrupt Pmctices ol Public Officers. - In addition to acts or omissions of public o.t/iCers alrN/(~I' penrdized by existing loll', the follml'i!lg shall constitute corrupt practices I?l any puhic (!(ficer ({!ld are herehy declared unlawful: xx.\" xx.\" xxx. (e) Cm/sing ml)' undue i/?jl/l)' to an)' party, including the Gm'ernmcnt. or giving ({ny porty an)' 11l111'(f}Twlted bene/its, ad\,{/l1lage or preference in the discharge of his C?fficial, administ/"(ftil'e or judicial .Ill11ctions through l1la!l{lest partialiOJ, e1'ident fwd faith or gross inexcusable negligence. This provision shcdl applv to (!f/icers und employees (~l offices (!l g01'erl1lnent corporations charged with the grant ollicenses or permits or other concessions . . 43 . In Salltos v. Salldiganbayall, the Supreme COLll1 enumerated essential elements of violation of the above-qLlOted Section 3( e) of RA 3019, as amended, to wit - ~\i.R. No. 161877. l\'larch 23. 2006:Fonacier vs. Sandiganbayan 238 SCRA 657. 687 [1994] citing Villanlleva v. Sancliganbayan, 223 SCRA 5,13. 547 and 1\'ledija . .Ir. v. Sandiganbayan. 218 SCRA 219. DECISION - Crim Case No. 28288 Page 25 People VS. Vicente G. Rendon -----~------_._------.------ a. that the accl/sed is a public officer discharging administrative, judicial or officialjlllZct ions: b. that he must have acted with manifest... partialitv, evident bad f'aith, or inexcusahle negligence: and c. that his actiolZ has caused any zmdue' injury to any party, including the Government, or has given any party any z/l1wmTanted bem:.fit, advantage or preference in the discharge (~fhisji/l1ctiol7s. The presence of the first element is not disputed. Admittedly, at the time material to this case, accused Vicente B. Rendon was a public official being the IVIunicipal IVlayor of Sebaste, Antique. In the Fonacier Case-l-l, the Supreme Court proceeded to explain the three (3) di fferent modes by which means the offense of violation of Section 3(e) of RA 3019, as amended, may be. committed. "Partiali~v" is synonymous with "bias,,45 which 'excites. a disposition to see and report matters as thev"" are wished ~for rather than as they.. are ".46 "Bad faith does not simp!.v connote bad judgment or negligence; it imputes a dishonest pwpose or some nlOral obliqlli~y and consciol/s doing ofa wrong; a breach of S1\'orn duty through some motive or intent or ill will; it partakes of the natl/re of .(i·aud,.47 "Gross negligence has been defined as negligence characterized by the want of even slight care, acting or omitting to act to a sitl/ation lFhere there is duty to act, not inadvertently but wil!fl/I(F and intentional(F with a conscious ind[fJerence to consequences in sojclr as other persons may be affected. It is the omission of that care which even inattentive and thoughtless men never filii to take on their own property.,,48 These three modes are distinct and different from each other so that proof of underIhe existenceSectIon of3 (e)anyshouldof these:,,0dessuflJce to warrantin connectionconvIction.with Ihe prohibited act\ \ J 41 supra. 15 Ibid citing 3 I WORDS AND PHRASES 2] 2. 46 Ibid, citing PHILIPPINE LA W DICTIONARY by F.B. f'v1oreno, 3111 Ed., p. 103. 171bid citing f'v1arcelo v. Sandiganbayan, 185 SCRA 346, 349. 48 Ibid, citing Alejandro v. People, 170 SCI\A '100,405. DECISION - CrimCase No. 28288 Page 26 People "s. Vicente G. Rendon Likewise, in Pac(fico C. Velasco !IS. Salldigallbayall,~9 the Supreme Court explained that there are two (2) ways by which a public official violates Section 3 (e) of RA 3019 in the performance of his functions, namely: (a) by causing undue injury to any party, including the Government; OJ' (b) by giving any private party any ull\varranted benefits, advantage or preference. The accused maybe charged under either 1\1ay or lindeI' both. The term "un1t'arrcmted' has been defined lacking adequate or official support; unjustified; unauthorized (vVebster, Third Nevv International Dictionary, p. 2514); or without justification or adequate reason (Philadelphia Ne\vspapers, Inc. vs. U.S. Dept. of ./ustice, C.D. Pa., 405 F. Supp. 8, 12, cited in \Vords and Phrases, Permanent Edition, Vol. 43-A 1978, Cumulative Annual Pocket Part, p. 19)".50 "Advantage" means a more favorable or improved position or condition; benefit or gain of any kind; benefit from course of action.51 "Preference" signifies priority or higher evaluation or desirability; choice or estimation above another.52 \\lith the foregoing precepts and the undisputed presence of the first elcment of the offense charged, the Court will now resolve the ma1l1 ISSlle raised in this case as stated in the Pre-Trial Order, to \vit - "Whether or not the accused fabricated and/or caused the fabrication (?f el'idence against Jonathan Dioso, .lay Gellang, Jonathan Alana/o, and Jacinto 1l11bang while in the pelforl1lallCe of 11 is official duties 01'ill relatioll to 11 is public position. " and if so- 1. Whether or not tI,e accused caused undue b~illl:l' to Jonathan Dioso, hisfal11i()', and the gOl'emment in abusing his position as 111unicipa/lklayor ofSebaste, Antique; 2. Whelher or //ot the lIeellsed lie/cd ",ith mill/ifesl I' IIrlill lill " \\ 162314-17, October 25,2004, .. ~ __ G.R. No. 160991. February 28. 2005 citinh.' Librada rvL Cabrera. et al v. Sandiganbayan, G.R. NOS'~\ ~ 511 Gellego v. Sandiganbayan, 115 SCRA 793. 797 (1982) ... 51 Cabrera, et al v. Sandiganbayan, G.t<. No. 16231"1-17, October 25,2004 citing Webster's Third New ~ J International Dictionary (Unabridged), p. 30. \ N/ " 1bid, ci Ling II' ,bs",. s Th i,d N '" 1n"n"L iona 1J) iet ionMY (LJ ,,,I,,.idg,d). p. 1787. ~ / YJI DECISION - Crim Case No. 28288 Page 27 People vs. Vicente G. !Zendon ----~------~_._------_._------evident bad faith or gross inexcllsabie negligence against "The lHinor"; and 3. Whether or not tlie private complainant and the accllsed are entitled to civil damages." The resolution of this main issue will determine the presence or absence of the second element of evident bad faith and/or mani fest partiality imputed against the accused. To establish th,lt the accused fabricated or caused to be fabricated the evidence against the four (4) minors, the prosecution's evidence is anchored mainly on the Affidavit of RetractionS3 dated l'vlay 8, 2003 of its \-vitness Eduardo Ignacio and the latter's testimony alleging that it was J\IIayor Rendon \\'ho convinced him to execute his Affidavit dated March 1,2003 in consideration for the sum of P5,OOO.00 and a job in the municipal building in the Municipality of Sebaste, Antique. And as corroborative evidence, the prosecution presented P03 Eugene C. Insigne who testified that it was accused Mayor Rendon who brought Romeo Silda, a Utility \Vorker in the f'vlunicipalily; to the Sebastc Police Station on February 26, 2003 as a witness to the killing of Montano DemafiIes. A fler going over the records of this case, the Court finds and so holds that the prosecution I~-liled to establ ish by proof beyond reasonable doubt that accused f'vlayor Vicente Rendon had indeed fabricated or caused to be fabricated the evidence against the fOllr (4) minors in the murder of Montano Demafiles while in the performance of his offlcial duties or in relation to his• puhlic position. The aforesaid "1ffidavit of Retraction executed by Eduardo S. Ignacio on May 8, 2003 accusing Mayor Rendon of having offered him 1'5,000.00;;:\. and job in the municipal building of the f'vlunicipality of Sebaste, Antique i\l -', exchange for his Amdavit of March 1,2003, is not unquestionably reliable. The circllmstances under which the said affidavit of retraction was executed 5., Exhibit ··0", A / DECISION ~ Crim Case No. 28288 Page 28 People \s. Vicente G.Rendon by v,ritness Ignacio are highly suspect because before he executed the said affidavit, he met and talked in the house of the private cornplainant Touchie Dioso in Sebaste, Antique and thereafter, the latter accompanied him to the oCfice of Prosecutor Salvador Pc at the Hall of Justice of San Jose, Antique before \vhom he signed and swear the said A fficlavit 0 fRetraction54 on May 8,2003. Thus, on cross-examination, Eduardo Ignacio testified as follows- /\TTY. fVIALLARES rvlr. \Vitness, hmv long did it take for Prosecutor Pe to interview you before this Affidavit of Retraction was prepared and had the same signed by your good self? A About an hour mid a ha Ir. ()" And you were accompanied by Touchie Dioso? A Yes, sir. ATTY. MALLARES Q You were even ,nvare that Touchie Dioso paid your P90.00 fare from Sebaste going to San Jose? A Y es, SIr.. 55 xxx xxxx xxx ATTY.IVIALLARES c Mr. \Vitness, you stated during the direct examination that a certain person talked to you claiming that he was sent by Touchie Dioso to tell you that Touchie Dioso would like to talk to Y0l!, correct? A Yes, sir. Q \\ihere were you at that time? 54 Exhibit "(T 55 TSN, fvtarch 16. ::2006. pp.i 1-3::2. DEC1SION - Crim Case No. 28288 Page 29 People \'s. Vicente G. Rendon A At our house, sir. Q Do you know that person? A I know him. Q \Vhat is the name? A I lis nephew, Camilo. o'- 'Nhat time did Camilo arrive in your house? A About 5:30 or 6:00 in evening. Q \\lhat did that person tell you in substance rcgarding this Touchie Dioso who would like to talk to you? A All he told me is that Touchie Dioso would like to talk to mc, sir. "Ba~·ta gusto iang akong makausap.Wala namcmg sil1abi. Basta gusto akong makallsap." Q Did you accede to what Touchie Dioso would Iike to happen? Did you talk to him? A Yes, sir. Q Where did you talk to Touchie Dioso? A I\t their house, sir. Q \Vhere in particular? A Barangay Arasasan, sir. Q \Vhat time of the day did you go to him after you were told by this errand boy? A ):_~ 30 or 6 :00 , SIr.. 56 XXX xxx xxx. A Iter the execution or his A rfidavit of Retraction, witness Eduard(\) Ignacio admitted that he became an employee of the private complainant it the latter's hollm\' block business up to the present and even stayed in the 56 Id.. 31. pp. -II ·,13. p { DECISION - Crim Case No. 28288 Page 30 People \'s. Vicente Ci. Rendon _ .• •••_._~ • ~. • .~_ n ·_" ~ __ ~ . ~ • .. _ house of the latter. On this point, witness Eduardo Ignacio, testified as follmvs ~ JUSTICE PERALTA Xxx xxx xxx After you executed your Affidavit of Retraction, \vhere did you stay? A With Mr. Dioso, Your Honor. Q So you useclto live with Mr. Dioso, the father of one of the implicated minors? A J worked wit h him, Your Honor. Q So you also worked with Mr. Dioso? A Yes, Your Honor. Q \Vhat is the business orMr. Dioso? A JIallmv blocks, Your Honor. Q In Sebaste, Antique? A Y es, Your Honor. Q That is why you also executed this Affidavit of Retraction because you were also promised a job by Mr. Dioso? A No, Your Honor. Q Why did you work then with Mr. Dioso? A I presented myself to him, Your Honor. Q And you were also admitted by him? A y es. Your Honor. o'- A fter you executed your Affidavit Retraction? A It has not yet happened, Your Honor. DECISION - Crim Case No. 28288 Page 31 People \'s. Vicente G. Rendon ------..------..------. Q - But you already executed your Affidavit of Retraction when you were employed by Mr. Dioso? A Yes, Your Hone)r. Q How long did you work \vith ]\Ifr. Dioso? A Two and hal I'(2 '12) years, Y Ollr Honor. ()'- \Vhen was the lasttimc you worked with TV1r. Dioso? A Until now, Your Honor, I still \vork for him. Q Until now you are also working in Sebaste, Antique? A Yes, Your Honor. Q That is why you Were able to come here and· then take the plane? A By boat, Your Honor. Q \\lho pays ror your expenses? A I'vIr. Dioso, Your Honor. Q \Vhat about your stay here including your fooel, \vho is paying? A J'vlr. Dioso, '{our Honor.57 It bears stressing that while witness Eduardo Ignacio denied that he \vaspromised employment by Mr. Dioso in consideration of his execution of the Aflldavit of Retraction, the undisputed f~1ctis that it \vas Mr. Dioso who solicited from the said \vitness to execute the said affidavit of retraction befl1re Prosecutor Salvador Pe. on May 8, 2003 and since then Mr. Diosd'\I , employed him as worker in his hollow block business up to the presentl \ Thus, it can logically be deduced that the principal motive of\vitness Ignacio (v,'ho at that time was then unemployed and \vithout means to support his 57 TSN, r-.larch 17,2006. pp. 33-35. DECISION-- Crim Case No. 28288 Page 32 People \5_ Vicente G. Rendon ------family) in executing the said Affidavit of Retraction \vas the demand of an employment to be given and in fact given to him by the private complainant Touchie Dioso in the latter's hollow block business. Hence, witness Ignacio's /(ffidal'it (~( Retraction is not undoubtedly reliable because it was executed by him for financial considerations. 11 is settled that affidavits of retraction can be easily secured from poor and ignorant witnesses, usually for financial considerations and such being the case, said retractions are exceedingly unreliable for there is ahvays the probability of their being repudiated subsequently.58 Furthermore, aside from the testimony and- the Affidavit of Recantation of witness Eduardo Ignacio, the prosecution failed to present evidence to establish that after the said witness executed his Affidavit of March 1,2003 implicating the minors, thesaie! witness was employee! by the accllsed in the municipality or paid the sum of P5,OOO.OO as promised by the accused.59 Tn fact, the prosecution admitted the offered testimony of Ms. Brenda Rendon, a \vitness for the accused, that witness Eduardo Ignacio was never hired as an eli1ployee of the Municipality of Sebaste, Antique. Hence, the Court cannot give full credence to the testimony of prosecution witness Eduardo Ignacio that for ane! in consideration of the sum of P5,OOO.OO and a job in the municipality, accused caused him to fabricate evidence against the minors especially considering the circumstance that, by executing the Affidavit of Retraction thereby asserting' that his earlier Affidavit was a falsity, he has shO\vn that he is capable of issuing pel:jured statements. Such lack of evidence and circumstance, at the very least, put in serious doubt that accused J'vlayor Vicente Rendon had indeed caused witness Eduardo Tgnacio to fabricate evidence implicating the minors in the killing of Montano \I Demafiles while in the performance of his official duties or in relation to hi~ oJlice as Municipal Mayor. For which reason, the presence of the secom\ clement 01" evident· bod I"aith and/or manil"st partiality is also placed in~~ ') 5S)1) TSN.Peoplev.t\1archManglllalJl1an.17,2006. p.200n SCRA 61111991]: Naval v. Panday, 275. SCRA 65·1, 656, 682 [19971· / J\t \F'-/ DECISION- Crim Case No. 28288 : . ~ERTIF~D.p (ill.~ TRUN) ')CO£X_~ P~ople VS. Vicente G. Rendon :. r1 serious doubt. . uu u"-_u,,---,,,---_uiSTELA--TEREiiTA C. ROSETE E:xecutivc.FW"'stClJrl~IDtVWW~.>-;.;\-).tJ~f.~o~ IlL\0'-\ Vvith the doubtful presence of the second element of the offense charged, the accused is entitled to an acquittal and the Court deems it unnecessary to discuss the other issues raised in this case and the presence of the third element. By the mandate of the Constitution, an accused is presumed innocent until the contrary is proved.ho To overcome such presumption, the conviction of the accused should be based on evidence of guilt beyond reasonable doubt. It is in accordance \vith this principle that, before a judgment of conviction is rendered, the prosecution has the burden to prove beyond reasonable cloubt all the essential elements of the offense with which the accused is charged and it milst do so on the strength of its own evidence and not on the weakness (~lthe defense. 6 I Hence, the failure or inability of the prosecution to substantiate any or one of the elements of the offense charged with proof heyond reasonahle doubt, as in this case, is fatal to the cause of the People; and it renders inevitable the acquittal of the accused. JVflEREFORE, judgment is hereby rendered ACQUITTING accused VICENTE B. RENDON oCthe offense chai'gedin the Information, with cost de (4icio. In this connection, the Cash Bond of P30,OOO.OO posted by the 1', accused is hereby CANCELLED and ordered RELEASED to him lIpon presentation of the original receipt evidencing payment thereof and subject to the usual accounting and auditing proceclures; and the Hold Departure Order issued, ifany, is hereby LIFTED and SET A SIDE SO ORDERED. 60 Section 1.1(2). Art. 111.1987 Constitution. 61 People v. BIII'JI1. 374 SCRA 618. 6:29-630 [:200:2]: People v. Ablljan. 4:2:2 SCRA L149,458 [2004]. DECISION un Crim Case No. 28288 Page 34 People \'5, Vicente G. Rendon ~--~~~_._---~~~---'---'-~- ---,------_._------_._--~---_._--~--.~~~.~------ G. GESMUNDO Associate Justice \ \ ATTESTATION I attest that the concllisions in the, above-decision were reached in Court's Division. '. 'J ~ ., consultation before .the cas\;~va,S' ,)I,S"ig,n,) ~'./~GvV0ed t,O",thC• t\ '-t; writer of the opinion of the N() R BIILI?? . ~ Y."9 E~~A):;i)EZ AS50 la ·UStlliS.::-~· • I JChairman . CERTIFICATION Pursuant to Article Vlll, Section ] 3, of the Constitution, and the Division Chairman's Attestation, it is hereby certi fled that the conclusions in the above decision were reached in consultation before the case was assigned to the \-\Titer of the opinion of the Court's Division. #.k I~DILBERTO G. SA~,~~~~JL Acting'f(MI-~£~Presiding Justice