Case Digest 16-20

G.R. Nos.
204481-82
ALBERT G. AMBAGAN, JR., plaintiff-appellee,
PEOPLE OF THE PHILIPPINES, respondent.
Issue: Whether or not the accused Albert Ambagan is criminally liable as a principal
by inducement?
Facts:
Accused:
Albert G. Ambagan (then Mayor of Mun. of Amadeo) and his men:
Domingo H. Villasis
Michael T. Malabanan,
Celestino "Ely" B. Garcia
Alberto C. Angcanan
Juanito S. Loyola
Melanio S. Bayot
Rosendo V. Causaren
Flor R. Amparo
Reo A. Rojales
Roger V. Causaren
Victims:
SPO2 Reynaldo Santos- Criminal Case No. 28259

Domingo Bawalan- Criminal Case No. 28260
On April 6, 2005, two (2) Informations were filed charging petitioner Ambagan,
together with other accused for two (2) counts of homicide.
Sandiganbayan findings:
On July 5, 2004, at around 1 in the morning, SPO2 Reynaldo Santos was asking the
men of Mayor Albert Ambagan to get out of the van because they were carrying
firearms. Thereafter, Mayor Ambagan with his bodyguards carrying long firearms
arrived. Mayor Ambagan told Santos that they should just talk it out whatever the
problem was. Santos did not agree. Santos said to Mayor Ambagan, "Hintayin nalang
natin si GD at sa kanya ka nalang makiusap." From a calm voice when he made his
first request, Mayor Ambagan's voice became loud and angry when Santos many
times turned him down. Mayor said, "Sige yan pala ang gusto mo. Mga kasama,
banatan na ninyo yan. " The men of Mayor Ambagan (referring to Rene Amparo,
Domingo Villasis, Michael Malabanan, Ely Garcia, and Roger Causaren) were spread
along the road, firing their guns at Santos and Domingo. The shooting incident which
lasted for about five minutes left five men dead — Leandro, Rene, Jamon, Santos,
and Domingo. The first three were from the group of Mayor Ambagan.
Sandiganbayan convicted the petitioner, among others, of the crime of double

homicide.
Albert Ambagan - principal by inducement;
Accused MICHAEL T. MALABANAN, CELESTINO "ELY" B. GARCIA, and ROGER V.

CAUSAREN - principal by direct participation
ALBERTO C. ANGCANAN, JUANITO S. LOYOLA, MELANIO S. BAYOT, FLOR

AMPARO and ROSENDO V. CAUSAREN- acquitted, failure of the prosecution to
prove their guilt beyond reasonable doubt.
In holding petitioner criminally liable as principal by inducement for the deaths of

Santos and Domingo Bawalan, the Sandiganbayan gave credence to Ronnel
Bawalan's testimony that it was Ambagan's utterance ("Sige, yan pala ang gusto mo.
Mga kasama banatan na ninyo yan") , which impelled his men to aim and shoot at the
victims.
Held:
Albert Ambagan was acquitted on the two counts of homicide on reasonable doubt.
There is reasonable doubt to hold petitioner Ambagan criminally liable as principal
by inducement. Sandiganbayan adjudged petitioner guilty for two counts of
homicide as principal by inducement for allegedly uttering "Sige, yan pala ang gusto
mo. Mga kasama banatan na ninyo yan" which impelled petitioner's bodyguards to
open fire at the victims. However, the Court is not inclined to believe that petitioner
indeed made the declaration that started the fray. The court failed to take note of
the substantial inconsistencies in the testimonies of star prosecution witnesses
Patam and Ronnel Bawalan. Because out of the 18 prosecution witnesses, Only
Ronnel Bawalan allegedly heard the petitioner make the utterance and have not
adequately portrayed the exchange of shots. The evidence offered against him in
court does not pass the test of moral certainty and is insufficient to rebut the
presumption of innocence that petitioner is entitled to under the Bill of Rights.
G.R. No. 174471
PEOPLE OF THE PHILIPPINES, petitioner,
JERRY PEPINO y RUERAS and PRECIOSA GOMEZ y CAMPOS, respondents.
Issue: Whether or not the accused Gomez is criminally liable as a principal for
having conspired with the other accused?
Facts:
Accused:
JERRY PEPINO y RUERAS (Pepino)

PRECIOSA GOMEZ y CAMPOS (Gomez)
Victim:
Edward Tan- (Kidnapped and illegally detained)
At 1:00 p.m., on June 28, 1997, Pepino, Gomez, and another man entered Edward's
office, and initially pretended to be customers; the three told Edward that they were
going to pay, but Pepino pulled out a gun. After Pepino's companion took the
money from the cashier's box, the malefactors handcuffed him and forced him to go
down to the parked car; Gomez sat at the front passenger seat of the car which
brought Edward to a safe house in Quezon City; the abductors removed the tape
from Edward's eyes, placed him in a room, and then chained his legs upon arrival at
the safe house; the abductors negotiated with Edward's family who eventually
agreed to a P700,000.00 ransom to be delivered by the family driver using
Edward's own car; and after four days, three men and Gomez blindfolded Edward,
made him board a car, drove around for 30 minutes, and left him inside his own car
at the UP Diliman campus.
RTC convicted Pepino and Gomez of kidnapping and serious illegal detention under
Article 267 of the Revised Penal Code.
Court of Appeals affirmed the RTC decision. The CA further ruled that Pepino and
Gomez conspired with each other to attain a common objective, i.e., to kidnap
Edward in exchange for ransom.
Held:
Gomez’s conviction is affirmed with the modification from penalty of death to

reclusion perpetua. The collective, concerted, and synchronized acts of the accused
before, during, and after the kidnapping constitute undoubted proof that Gomez
and her co-accused conspired with each other to attain a common objective, i.e., to
kidnap Edward and detain him illegally in order to demand ransom for his release.
In the present case, the records established the facts:
1) Gomez along with the accused entered the office of Edward and took money
from cashier’s box;
2) Gomez sat at the front passenger seat of the car which brought Edward to a
safe house
3) and after four days, three men and Gomez blindfolded Edward, made him
board a car, drove around for 30 minutes, and left him inside his own car at
the UP Diliman campus.
G.R. No. 167510
ALVIN MERCADO, petitioner,
PEOPLE OF THE PHILIPPINES, respondent.
Issue: Whether or not the accused Alvin Mercado is criminally liable as principal for
the crime charged in violation of the Tariffs and customs code?
Facts:
Accused:
ALVIN MERCADO- owner of Al-Mer Cargo Management where the items are
consigned to
A shipment from Bangkok, Thailand had arrived at the Manila International

Container Port (MICP) on July 29, 2000; that the shipment, which was declared to
consist of one 1 x 20 container of assorted men's and ladies' wearing apparel, textile
and accessories in 162 packages; that the shipment was consigned to Al-Mer Cargo
Management, an entity owned and managed by the petitioner; that sensing a
possible violation of the TCCP (Tariff and Customs Code of the Philippines), Atty.
Angel L. Africa, then the Director of the Customs Investigation and Intelligence
Services, ordered an examination of the shipment; that Al-Mer Cargo Management
declared in the import entry that the shipment as "personal effects, assorted mens
and ladies wearing apparels, (sic) textile and accessories;" that upon examination it
was found the shipment to contain general merchandise in commercial quantities
instead of personal effects of no commercial value.
In his defense, the petitioner asserted that he had only accommodated the
shipment upon the request of Seña and Apolonio Viray, President of Worth
Brokerage Corporation; that Seña had represented to him that the shipment
contained only personal and household effects; and that the broker prepared the
import entry declaration.
RTC rendered its decision finding Alvin Mercado guilty beyond reasonable doubt as
principal of the crime charged under two sections of TCCP:
Section 2503. Undervaluation, Misclassification and Misdeclaration in Entry.
Section 3602. Various Fraudulent Practices Against Customs Revenue.
CA affirmed the RTC’s ruling.
Held:
The court ACQUITS petitioner ALVIN MERCADO for failure of the State to establish
his guilt beyond reasonable doubt. The importer or consignee should not be held
criminally liable for any underdeclaration or misdeclaration made by the broker
unless either a conspiracy between them had been alleged and proved, or the
Prosecution sufficiently established that the importer had knowledge of and
actively participated in the underdeclaration or misdeclaration. It was only Saganay,
the broker who made the sworn declaration inasmuch as only his name and
signature appeared therein; the petitioner’s name was nowhere to be found. The
petitioner's assertion that he had relied in good faith on the declarations made by
his broker, who had based them on the information provided in the shipping
documents by the foreign exporter, stood unrebutted by the Prosecution.

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G.R. Nos.

ALBERT G. AMBAGAN, JR., plaintiff-appellee,

PEOPLE OF THE PHILIPPINES, respondent.

Albert G. Ambagan (then Mayor of Mun. of Amadeo) and his men:

SPO2 Reynaldo Santos- Criminal Case No. 28259

Sandiganbayan convicted the petitioner, among others, of the crime of double

Albert Ambagan - principal by inducement;

Accused MICHAEL T. MALABANAN, CELESTINO "ELY" B. GARCIA, and ROGER V.

ALBERTO C. ANGCANAN, JUANITO S. LOYOLA, MELANIO S. BAYOT, FLOR

In holding petitioner criminally liable as principal by inducement for the deaths of

PEOPLE OF THE PHILIPPINES, petitioner,

JERRY PEPINO y RUERAS and PRECIOSA GOMEZ y CAMPOS, respondents.

JERRY PEPINO y RUERAS (Pepino)

Gomez’s conviction is affirmed with the modification from penalty of death to

G.R. No. 167510

ALVIN MERCADO, petitioner,

PEOPLE OF THE PHILIPPINES, respondent.

A shipment from Bangkok, Thailand had arrived at the Manila International

CA affirmed the RTC’s ruling.

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