crim case/s 27137 - people vs. magana

REPUBLIC OF THE PHILIPPINESSandiganbayan

Quezon City------

Fifth Division PEOPLE OF THE PHILIPPINES, Plaintiff,

CRIM. CASE NO. 27137For: Slander by Deeds

- versus - Present:

EMMANUEL C. MAGANA CORTEZ-ESTRADA, Chairman

Accused

JURADO, A.J. andDIAZ-BALDOS, A.J.

Promulgated: January 10, 2007__________________________

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D E C I S I O N --

A.J. CORTEZ-ESTRADA:

In an Information 1 dated January 17, 2002, the Office of the Special Prosecutor charged Mayor Emmanuel C. Magana with the crime of Slander by Deed, defined and penalized under Article 359 of the Revised Penal Code, committed as follows:

“That on or about May 31, 2001 or sometime prior or subsequent thereto, at around 2:00 o’clock in the morning more or less in Kalayaan, Laguna, Philippines, and within the jurisdiction of this Honorable Court, the accused Emmanuel C. Magana, a public officer being the Municipal Mayor of Kalayaan, Laguna, committing the offense in relation to his office with deliberate intent, did then and there willfully, unlawfully and feloniously slap Joselito R. De Guzman in the face in front of several on-lookers and bystanders whom Joselito R. De Guzman know personally, thus casting dishonor upon the person of the latter.

“CONTRARY TO LAW”

1 Record, Vol. 1, p. 1

Decision/People vs.Magana, Criminal Case No. 27137Page -2---------------------------------------------------------------------------------------------

On March 12, 2002, this Court issued an Order of Arrest and a Hold Departure Order 2, respectively, against herein accused who posted cash bail bond to obtain his provisional liberty.

The accused was duly arraigned on November 7, 2003 3 and pleaded not guilty to the charge against him. 4 During the pre-trial of this case held on the same day, the parties entered into the following stipulation of facts:

1. that during the time material to the allegation in the information, the accused Emmanuel C. Magana is a public officer, being then the municipal mayor of Kalayaan, Laguna;

2. that prior to the accidental meeting of accused Magana and private complainant in the early morning of May 31, 2001, accused Magana had just attended the victory party sponsored by his political party in the evening of May 30, 2001, for winning in the last May 14, 2001 election; 5

PROSECUTION’S TESTIMONIAL EVIDENCE

The prosecution presented four witnesses, namely: Joselito de Guzman, Paula Claudio Tria, George L. Tria and Bonifacio Q. Flores, who all testified as follows:

I. JOSELITO DE GUZMAN: 6

He is 45 years old, a company driver and resident of No. 80 Real Street, San Juan, Kalayaan, Laguna.

On May 31, 2001, between 1:30 to 2:00 in the morning, he was awakened from his asleep in his above-mentioned

2 Id., p. 273 Id., p. 1454 Id., p. 291 - 2935 Id., p 1496 Tsn, hearing of March 16, 2004, pp. 3-59


residence because he was being bitten by mosquitoes. He decided to go out and buy a mosquito coil (katol) in the nearby store. When he was not able to buy a mosquito coil from that store, he proceeded to the store next to the gym. On his way, he met his friend, Aldrin Lualhati, who told him that the store he intended to go to was already closed so he decided to return home.

While walking on his way home, on the right side of the road, facing the direction going to Pagsanjan,, he was sideswiped on his left leg by a car being driven by Mayor Magana. He continued to walk home but the mayor blocked his path. Mayor Magana and Councilor Pasco alighted from the car. The passengers of the van following the mayor’s car also alighted. Mayor Magana then approached him, pointed a finger at him and said “Putang-ina mo, paporma-porma ka pa diyan. Gusto mo patayin kita?” He was not able to react because the mayor suddenly slapped him on the face and punched him on the chest. He did not attempt to retaliate. Thereafter, Mayor Magana was pacified by Moises Sadsad, a barangay official, who said “Mayor, it’s enough” while Elmer Madrazo, another barangay official, asked Aldrin Lualhati to bring him (witness) home.

The following morning, he went to the provincial hospital to have his face examined. The result of his medical examination showed swelling on the right side of his face, redness of the right eye and pain on his chest. He also went to the provincial police station on June 1, 2001, to have the slapping incident blottered (Exhibit “F”), and again on June 16, 2001 to execute a sworn statement (Exhibit “B”).

He knew that there was a thanksgiving party sponsored by Mayor Magana and his political party, on the night of May 30, 2001, but he was not invited to this party because during the May, 2001 election, he ran for the position of Sangguniang Bayan member under the political party which competed


against the mayor’s political party. He lost in that said election.

During their campaign sorties for the said election, he unfavorably mentioned the name of Mayor Magana in his speeches so he was charged with two counts of serious oral defamation before the Municipal Circuit Trial Court of Lumban. These cases are still pending up to the present.

In 1997, served as the personal driver of Mayor Magana but he was dismissed for no reason at all and he felt aggrieved because of this.

In his original complaint, he identified Ponciano Pasco, Moises Sadsad, Elmer Madrazo, Justo Mondalla and Benito Madrazo as witnesses to the crime committed against him but he was not able to secure the statements of these witnesses. During the investigation conducted by the Ombudsman, these people testified that no such incident occurred on May 31, 2001. After he had failed to convince these people to testify on his behalf, he introduced George Tria and the latter’s daughter, who was only ten to twelve years old that time, as his witnesses.

George Tria and his daughter lived in Barangay Longos, which is about two (2) kilometers away from Barangay San Juan, where the victory party of Mayor Magana was held. Mr. Tria was one of the leaders of his political party during the May 2001 election. Only one candidate from their political party, Councilor Asidillo, won in the election.

Aside from Aldrin Lualhati, he did not approach anybody else to testify in his favor. He merely surmised that the other witnesses will not support his claim against the mayor.

He did not attend the fiesta at Sitio Kalayaan, San Antonio, Kalayaan, Laguna on May 31, 2001 because he was at the Laguna Provincial Hospital, around 8:00 am, that day.


He denies that he was drunk at the time the slapping incident took place but admits that in the morning of May 30, 2001, he met his friend Aldrin near the gate of his house and since they seldom saw each other, Aldrin invited him to a drinking spree at his (witness) house.

II. PAULA CLAUDIO TRIA: 7

She is 15 years old, a student and resident of 109 Real St., Longos, Kalayaan, Laguna.

On the evening of May 30, 2001, she and her father, George Tria, were at the gym of Barangay San Juan, Kalayaan, Laguna, attending a victory party thrown by the winners of the recently concluded election. They were both personally invited by Councilor Emma Asidillo to the said party. They arrived at the party around 8:30 p.m. and went home around 2 a.m. of the next day, after the elected officials had finished their speeches. While on their way home, her father wanted to buy a cigarette so they looked for an open store.

While they were walking on the left side of the road, they saw Mayor Magana’s car. His car was being followed by a service vehicle of the barangay. They were about two meters away when he saw the mayor get out of his car to face Joselito “Jojie” de Guzman. They heard the mayor curse Jojie and say “Paporma-porma ka pa, baka gusto mo patayin kita.” The mayor then slapped Jojie in the face and boxed him in the chest with his right hand. Thereafter, someone she did not know tried to stop the mayor by saying, “Tama na yan, Mayor”. She did not know if Mayor Magana was drunk at the time that she saw the incident. She knew Jojie was sober because she saw a side view of his face. She was sure that it was Mayor Magana who slapped Jojie de Guzman because the light on the mayor’s vehicle was turned on at that time.

7 Tsn, hearing of March 17, 2004, pp. 9-20


They did not attempt to help Jojie and just proceeded to the house of Councilor Asidillo’s sibling, where they boarded the councilor’s vehicle to return home.

There were more than five (5) witnesses to this incident that she narrated.

She executed a sworn statement (Exhibit “D”) about the incident she witnessed which was submitted to the Office of the Ombudsman. This sworn statement was prepared by her father and subscribed under oath in the Office of the Ombudsman.

In May, 2001, she was only twelve (12) years old and studying in the sixth grade. She was an active supporter of the opposing political party during the campaign for the elections that time. She and her friends attended their campaign sorties in Barangays Longos, San Juan and Kalayaan. She and her father never attended the campaign sorties of Mayor Magana because her father is a known supporter of the mayor’s political opponent.

Councilor Asidillo left ahead of them to go to her sibling’s house, which was about five (5) houses away from the gym. She and her father were supposed to meet her there so they could ride with her going back to Longos. They did not leave together with Councilor Asidillo because her father was still talking to someone. She did not inform Councilor Asidillo about the incident they witnessed. Two weeks later, her father informed her that they will testify on what they saw.

III. GEORGE LIM TRIA: 8

On the evening of May 30, 2001, he and his daughter, Paula, were in the gymnasium of Barangay San Juan, Kalayaan, Laguna, attending a victory party for the winners of the recently concluded election, upon the invitation of Councilor Emma Asidillo. He and his daughter left the party around 2:00

8 Tsn, hearing of March 18, 2004, pp. 5-51


am, after the officials had finished making their speeches. Upon leaving the party, he and his daughter went looking for a store to buy a cigarette but he was not able to buy his cigarette because he suddenly saw a white vehicle stop in the direction where Joselito “Jojie” de Guzman was walking. He saw Mayor Magana step out of the vehicle and approach Jojie. Then he heard the mayor say ”Putang ina mo, baka gusto mong patayin na kita paporma-porma ka pa.” The mayor then slapped Jojie on the face with his left hand and boxed him on the chest with his right hand. Jojie stepped back and the mayor wanted to go after him again but he was stopped by Mr. Moises Sadsad, a former barangay councilor, who said, “Tama na po, Mayor”.

After witnessing the incident, they proceeded to the house of the sibling of Councilor Asidillo, where they rode the owner-type jeep of Councilor Asidillo to go home. Before boarding the jeep, he told Councilor Asidillo about the incident they saw and she wanted to go to the place where it happened but her sister prevented her from doing so because it was already late and the people involved there were all males.

They did not see the car sideswipe Jojie de Guzman. They were about three (3) meters away when the mayor alighted from his car

There were others who witnessed the incident because behind the mayor’s car was the barangay service vehicle and he saw Barangay Captain Elmer Madrazo and his Chief of Barangay, Benito Madrazo, on board the said vehicle. These people did not react and just stood there.

Two days after this incident, he met Jojie de Guzman at Barangay Longos, near the place of Councilor Asidillo, and it was then that the former asked for his assistance as nobody wanted to testify and support his claim against the mayor. He executed a sworn statement (Exhibit “C”) in connection with the said incident.


He brought along his daughter, Paula, to the victory party because his daughter was beside him when Councilor Asidillo issued the invitation a day before the party. They were invited by the councilor because he was an active supporter of the councilor’s political party.

Councilor Asidillo ran against Mayor Magana for mayor of Kalayaan, Laguna, in the 1998 election.

He personally prepared his sworn statement. His name is spelled “George” but his name in his sworn affidavit was spelled “Jorge”. He noticed the mistake when he was already in the Ombudsman’s office but he did not correct it anymore as he was nervous at that time.

IV. BONIFACIO Q. FLORES: 9

He is 32 years old, a physician and a resident of Mabolo St., Barangay Pagsawitan, Sta. Cruz, Laguna.

He started in 1997 as a volunteer at the Laguna Provincial Hospital. On January 2, 1998, he was given a permanent item as Medical Officer III under the Department of Surgery, which position he still occupies up to the present. He earned his degree in medicine from the University of Sto. Tomas in 1996 and passed the medical board in August, 1997, after one (1) year of training. His field of specialty is surgery.

He was on duty at the hospital on May 31, 2001 when a patient by the name of Joselito de Guzman was presented to him for physical examination at around 3:55 p.m. His examination showed that the patient was suffering from tenderness/swelling on the right maxillary and cervical region. He prepared an anatomical diagram of the patient (Exhibit “H”) and a medical certificate (Exhibit “E“) in connection with the examination he conducted.

9 Tsn, hearing of July 8, 2004, pp. 5-25


The tenderness/swelling on the right maxillary and cervical region, as well as the subconjunctival hemorrhage suffered by the patient, could have been caused by a blunt object, such as a fist. Based on the examination he conducted, it appeared that the injury on the patient had been inflicted not more than forty-eight (48) hours from the time of examination. His assessment as to the time of injury jibed with the time of injury reported by the patient.

May 31, 2001, the day he examined Joselito de Guzman, was the first time he met Mr. de Guzman. He does not personally know Mr. de Guzman or any of his relatives.

Mr. de Guzman first went to the emergency room of the hospital. After interviewing him, he proceeded with the physical examination of the patient. He prepared the anatomical diagram while conducting the examination. Mr. de Guzman was not examined in the morning but in the afternoon, at approximately 3:55 p.m., as indicated in the anatomical diagram he prepared.

He could not state with certainty if the swelling on the right cheek of the patient was caused by a right-handed or left-handed person.

He could not conclusively state if the subconjunctival hemorrhage was in any way related to the swelling of the right cheek because a subconjunctival hemorrhage can be caused by a blow from a blunt instrument, sneezing or straining.

He examined the patient’s chest and did not find any signs of injury.

PROSECUTION’S DOCUMENTARY EVIDENCE

On July 21, 2004, the prosecution submitted its Formal Offer of Exhibits 10 consisting of the following documentary exhibits:

10 Record, p. 186


EXHIBIT DESCRIPTION/PURPOSE

“A” “Sinumpaang Sumbong” of Joselito R. de Guzman, dated June 21 ,2001;

“A-1” The name and signature of Joselito R. de Guzman appearing on the lower right portion of Exhibit “A”;

purpose: To prove that accused Magana slapped the right face and boxed the chest of Joselito R. de Guzman on May 31, 2001, and that Joselito R. de Guzman filed a complaint regarding the incident at the Office of the Ombudsman; also being offered as part of the testimony of Joselito R. de Guzman;

“B” Sworn Statement of Joselito R. de Guzman before the Laguna Police Provincial Office, dated June 16, 2001;

“B-1” Name and signature of Joselito R. de Guzman, appearing on page 2 of Exhibit “B“;

“B-2” Name and signature of William Solpico Duldulao, Police Chief Inspector, Deputy Chief, Investigation Branch, appearing on page 2 of Exhibit “B“;

purpose: To prove that complainant reported the slapping/mauling incident that happened on May 31, 2001 at the Laguna Police Provincial Office; also being offered as part of the testimony of Joselito R. de Guzman;

“C” Sinumpaang Salaysay of George Lim Tria, dated August 2001;

“C-1” Name and signature of George Lim Tria appearing on the lower right corner of Exhibit “C“;

purpose: To prove that George Lim Tria saw the accused Magana slap the right face and box the chest of the complainant on May 31, 2001; also being offered as part of the testimony of George Lim Tria;


“D” Sinumpaang Salaysay of Paula Luz Tria, dated August, 2001;

“D-1” Name and signature of Paula Luz Tria, appearing on the lower right portion of Exhibit “D“;

purpose: To prove that Paula Luz Tria saw the accused Magana slap the right face and box the chest of the complainant on May 31, 2001; also being offered as part of the testimony of Paula Luz Tria;

“E” Medical Certificate dated June 1, 2001 issued by Dr. Bonifacio Flores of Laguna Provincial Hospital, Santa Cruz, Laguna;

“E-1” Name and signature of Bonifacio Flores, M.D. appearing on the lower left portion of Exhibit “E“;

purpose: To prove that Joselito R. de Guzman suffered tenderness/swelling at the right maxillary/cervical region of his face and subconjunctival hemorrhage at his right eye; also being offered as part of the testimony of Dr. Bonifacio Flores;

“F” Certification issued by Gorgonio B. Librojo, Police Officer II, Duty Investigation Branch of the Laguna Police Provincial Office in Sta. Cruz, Laguna;

purpose: To prove that the incident on May 31, 2001 wherein accused Magana inflicted physical injuries on Joselito R. de Guzman was blottered at the Laguna Police Provincial Office on June 1, 2001;

“G” Decision issued by the Office of the Deputy Ombudsman for Luzon in OMB-ADM-1-01-0290-F (Joselito R. de Guzman vs. Emmanuel C. Magana) dated September 25, 2001;

purpose: To prove that accused Magana was found guilty of Simple Misconduct due to his act of slapping the face and boxing the chest of Joselito R. de Guzman; also being offered as part of the testimony of Joselito R. de Guzman;


“H” Anatomical Diagram of Joselito R. de Guzman of San Juan, Kalayaan, Laguna;

“H-1” Encircled part of the anatomical diagram indicating that there was an injury on that area of that face;

“H-2” The right eye appearing in the anatomical diagram indicating an injury in that area;

purpose: To prove that the right cheek/face of Joselito R. de Guzman as well as his right eye suffered injuries; also being offered as part of the testimony of Dr. Bonifacio Flores;

Acting on the above formal offer of documentary evidence by the prosecution, as well as accused Emmanuel C. Magana’s “Comment/Opposition to the Formal Offer of Exhibits” 11 dated July 28, 2004, the Court resolved to admit the prosecution’s Exhibits “A” to “H” inclusive, with sub-markings.

On November 8, 2004, Mr. Magana filed, with leave of court, a

“Demurrer to Evidence of the Accused Mayor Emmanuel Magana12 but the Court denied the same in its Resolution 13 promulgated on January 24, 2005.

TESTIMONIAL EVIDENCE FOR THE DEFENSE

Defendant presented nine witnesses, namely: Benito M. Madrazo, Jr., Elmer G. Madraza, Celestino K. Magbuhos, Moises R. Sadsad, Aldrin Lualhati, Teodoro A. Adao, III, Michael A. Lapana, Turiano S. Montes III and Emmanuel C. Magana, who all testified as follows:

I. BENITO M. MADRAZO, JR. : 14

He is 37 years old, a municipal councilor of Kalayaan, Laguna, and resident of 418 San Juan St., San Juan, Kalayaan, Laguna.

11 Id., p. 20512 Id., p. 23413 Id., p. 26514 Tsn, hearings of February 15, 2005, pp. 3 – 18; February 16, 2005, pp. 5 - 33


He has been a resident of Barangay San Juan, Kalayaan, Laguna, since his birth in 1967.

He is now on his seventh year as a Sangguniang Bayan member. He ran as Sangguniang Bayan member during the 2001 and 2004 elections under the political party KAMPI. On his third term, he joined the LDP opposition party. Mayor Magana, who is both a friend and a relative, was the mayoralty candidate of the two political parties he mentioned.

His party won all the seats during that election except for one. On May 30, 2001, they scheduled a thanksgiving celebration at the Lagumbay Gymnasium at Barangay San Juan, Kalayaan, Laguna, for the supporters of the partymates who won the May 14, 2001 election. Since it was an adult party, there were no minors in attendance during that occasion.

He has known Joselito “Jojie” de Guzman since the time when he served as the driver of Mayor Magana. He later learned that Jojie was no longer the driver of the mayor and that he ran as municipal councilor in the 2001 and 2004 local elections under the political party which competed against the mayor’s political party. Jojie was defeated in both elections.

He witnessed the confrontation that transpired between Jojie and Mayor Magana in the morning of May 31, 2001. It is not true that Jojie was slapped and boxed by the mayor because when the confrontation ensued, they were immediately separated from each other by their companions who were around them.

At that time, he was talking to a group of young people, about five (5) meters away far from where Jojie and the mayor had their confrontation, and he saw their companions separate the two.


He was not coerced nor promised any monetary consideration to testify in favor of the mayor.

He executed a sworn affidavit (Exhibit “4“) in connection with this case.

Their political party had the support of the youth sector, most of whom were 17 years old and above. The youth sector was not represented during the victory party thrown by their political party.

When he saw that Mayor Magana and Jojie were having a confrontation, he diverted the attention of some youngsters who were beside the road. It was Barangay Captain Elmer Madrazo who went in between Jojie and the mayor to separate the two. He also heard the barangay captain say “Tama na po, mayor. Tayo na.”

II. ELMER G. MADRAZO: 15

He is 50 years old and has been a resident of Barangay San Juan, Kalayaan, Laguna, since his birth. He has been a barangay captain since 1997 up to the present. He knows both Joselito “Jojie” de Guzman and Mayor Magana.

On the night of May 30, 2001, he was at Barangay San Juan, Kalayaan, Laguna, attending a thanksgiving party thrown by Mayor Magana and his partymates. Only adults attended the party. The winning candidates gave speeches except for Councilor Asidillo, who did not stay long at the party.

He stayed at the party until it was finished past 1 o’clock of the next morning. While he was headed home, he was behind the vehicle of Mayor Magana when it stopped somewhere at Purok 1, San Juan, Kalayaan, Laguna. He saw a man walking in the middle of the road but he did not recognize him because he

15 Tsn, hearings of February 17, 2005, pp. 4-18; May 17, 2005, pp. 5 – 30;


was too far. He later on recognized him as Jojie de Guzman. He also saw Councilor Moises Sadsad, Benito Madrazo, and Aldrin Lualhati. The Mayor Magana alighted from his car. He then heard the mayor say “Why are you blocking my way and why are you destroying me during the elections?” Jojie replied something but he did not understand what he said. To prevent any untoward incident from happening, Mayor Magana was held by Councilors Sadsad and Madrazo while he asked Aldrin to take Jojie home. After Jojie and Aldrin went home, they also went home.

He did not see any slapping of the face, boxing of the chest and neither did he hear any threatening remarks made by Mayor Magana.

He was not forced by Mayor Magana and neither did he receive any monetary consideration to testify in this case.

He executed a sworn statement regarding the matter he witnessed (Exhibit “7”).

He campaigned for Mayor Magana during the 2001 elections but he could not remember the name of the mayor’s political party. He considers the latter a good friend. He is willing to help the mayor but only if it is the right thing to do.

There were more or less 1,000 guests from Barangays San Juan, Longos and San Antonio, who attended the victory party on May 31, 2001. He is not sure if all those who attended were supporters of the mayor. He was not able to talk to all of the people who were at the party.

Councilor Emma Asidillo, who did not belong to the mayor’s political party, was present at the party because she was one of the winning candidates.

III. CELESTINO K. MAGBUHOS : 16

16 Tsn, hearing of May 19, 2005, pp. 11 – 40;


He is 44 years old, and has been the vice-mayor of Kalayaan, Laguna, from 2001 up to the present. During the 2001 election, he ran under the political party of KAMPI. Their candidate for mayor was Emmanuel Magana.

He came to know Joselito “Jojie” de Guzman in 1998. In 2001, Jojie ran as municipal councilor but he cannot recall under what political party. During the 1998 elections, Emma Asidillo ran for mayor but she was defeated by Mayor Magana.

On May 30, 2001, he was at the gymnasium of Kalayaan, Laguna, attending a thanksgiving party thrown by winning candidates of his political party. Councilor Emma Asidillo was there although she was not invited to that party. All the winning candidates delivered thank you speeches, including Councilor Asidillo. He left the party at around 2 o’clock in the morning.

He learned about the confrontation between Jojie de Guzman and the mayor from somebody who sent him a text message about the incident. He could not believe that the incident happened because around 10:00 a.m. of the following day, May 31, 2001, he met Jojie de Guzman at the town fiesta in Barangay San Antonio and there were no signs of injury on his face. He saw Jojie in front of the house of his mother-in-law and Jojie even approached him and shook his hand. When he asked Jojie about the slapping incident, the latter said it was the only way that Mayor Magana will be criminally charged. At that time, Jojie was with Barangay Captain Froilan Reyes. He noticed that the two were already drunk because their faces were already red and Jojie told him that they had been drinking. After talking to Jojie for about five (5) minutes, he went home.

Two days after the victory party, he saw Councilor Asidillo and she tried to convince him to testify against the mayor by


saying that her plan was to have the mayor suspended so that he (witness) will serve as the mayor.

He executed a sworn statement (Exhibit “8“) in connection with this case.

He was neither coerced nor paid to testify for the mayor. He voluntarily presented himself to testify for the mayor.

IV. MOISES R. SADSAD: 17

He is 71 years old, unemployed and a resident of Barangay San Juan, Kalayaan, Laguna.

He has lived in Barangay San Juan since he was born. From 1992 to 1996, he served as municipal councilor of their municipality. He knows Joselito “Jojie” de Guzman because the latter lived near his house. He has also known Mayor Magana since 1988. Jojie, who once worked as the driver of Mayor Magana, is considered a nephew of the mayor because the one who raised Jojie is a cousin of the mayor. Jojie.

On the evening of May 30, 2001, he was at the gymnasium of Kalayaan attending a thanksgiving party thrown by the candidates who won in the elections. He arrived alone at the party around 9:00 p.m. and left at around 11:00 p.m., together with Nestor, Councilor Zeny Mercado and others. He did not see any minors at the party. After he left the party, he proceeded to his friend Nestor’s house, which was near his house, where his friends were holding a drinking session.

The house of Nestor was beside a sari-sari store and beside the road. He was seated on a chair beside the road. He just drank coffee when he joined his friends. They were still there at around 2:00 a.m. of the following day, when he heard the voice of Mayor Magana arguing with someone. The mayor was about 10 to 15 meters away from him, so he immediately

17 Tsn, hearing of August 16, 2005, pp. 7 – 28;


stood and went to the mayor. When he approached the mayor, he realized that the mayor was arguing with Jojie de Guzman. He also saw Captain Elmer Madrazo and Councilor Pasco. Captain Elmer Madrazo tried to pull away the mayor while he went in between the mayor and Jojie and told the mayor, “Mayor, let us go”. The mayor followed him and went home.

The mayor never went near Jojie. Neither did the mayor slap his face nor box his chest. He knows that the mayor did not return to the same place where the confrontation happened because he still stayed for a couple of minutes at Nestor’s place after the incident.

He executed a sworn statement in connection with this case (Exhibit “6”).

V. ALDRIN LUALHATI : 18

He is 32 years old and a resident of Real St., San Juan, Kalayaan, Laguna since birth.

He has known Mayor Magana since he was still a vice-mayor. He has known Joselito de Guzman, also known as Jojie, since he (witness) was a child. In 1997, Jojie became the godfather of his youngest son.

At around 9 o’clock in the morning of May 30, 2001, Jojie went to his house and invited him to a drinking spree, together with their other friends. Their drinking spree, which happened in the house of Jojie, lasted up to 3 o’clock in the afternoon, after which he went home. Jojie went to his house again at 6 o’clock in the evening of that same day and they had another drinking session in Jojie’s house up to 9 or 10:00 p.m. They were with another friend named Gerald.

He saw Jojie again at 1:00 am of the following day at Purok Uno, near the place where the thanksgiving party of Mayor

18 Tsn, hearings of August 17, 2005 , pp. 14 – 40; August 18, 2005, pp. 4 – 46;


Magana was being held. He had awakened early that day as he wanted to go to his mother’s house and check on her sister who attended the victory party the night before. When he saw Jojie, the latter asked him to accompany him as he wanted to buy something from the store near the party but he told him that the store was already closed and that they should just walk to the store near the town proper. They were both still drunk from all the liquor they had consumed that day.

As he and Jojie were walking, he met some friends whom he talked to for about seven to ten minutes and so he was left behind by Jojie, who had walked about 7 to 8 meters ahead.

He then saw Mayor Magana talking to Moises Sadsad while Jojie was talking to Captain Elmer Madrazo. When he approached them, Captain Madrazo asked him to take Jojie home. While they were walking, Jojie saw some elderly people standing by and the group of Moises Sadsad and Jojie then shouted, “Yan ba and inyong magaling na mayor?” He brought Jojie up to the gate of the latter’s house.

At 8:00 am of that same day, Jojie went again to his house, forcing him to testify against the mayor. He said that he had nothing to say because he saw nothing.

He executed a sworn statement (Exhibit “2“) in connection with this case.

VI. TEODORO A. ADAO: 19

He is 46 years old, married, a resident of No. 4 J. Montez St., Barangay Longos, Kalayaan, Laguna, and a maker of salted eggs. He was the barangay captain of Barangay Longos from 1994 to 2000.

On May 30, 2001, around 7:30 p.m., he was at the Barangay San Juan gymnasium, attending a victory party sponsored by

19 Tsn, hearings of January 9, 2006, pp. 7 – 34; January 10, 2006, pp. 4 - 12


Mayor Magana and his allies. He left the said party at about 1:30 a.m. of the following day.

He saw Councilor Emma Asidillo at the party and she was with her husband and children. Councilor Asidillo left the party at around 11:30 p.m. Councilor Asidillo was at the party because she was one of the councilors who won and the mayor invited her.

He also knows George Tria, who ran in the 1997 elections. Mr. Tria was also an active supporter of Florito Asidillo, the political opponent of Mayor Magana. He did not see Mr. Tria nor his daughter Paula at the victory party he mentioned.

He executed a sworn statement (Exhibit “13“) in connection with this case. He was neither coerced nor paid by the mayor to testify in this case.

He cannot approximate the number of guests who attended the victory party on May 30, 2001 but the gymnasium was jampacked that night. When he arrived at the party, there were already plenty of people there. He did not know and did not talk to everybody who were there.

He was not at the place where the slapping incident involved in this case happened.

VII. MICHAEL A. LAPANA: 20

The parties stipulated on the testimony of the witness as follows: 1) that George Tria was an active supporter of the political party which competed against Mayor Magana’s political party during the 2001 elections; 2) that Joselito de Guzman, who is also personally known to the witness, was a candidate of the political party which competed against Mayor Magana’s political party during the 2001 elections; 3) that he

20 Tsn, hearing of January 11, 2006, pp. 3-11


executed a sworn statement in connection with this case (Exhibit “9“).

VIII. TURIANO S. MONTES III: 21

He is 36 years old and a resident of 74 Leal St. Barangay Longos, Kalayaaan, Laguna.

On the evening of May 30, 2001, he was at the gymnasium of Barangay San Juan, Kalayaan, Laguna, attending the victory party of Mayor Magana. He arrived at the party around 8:00 p.m. and left at 2:00 a.m.

He knows George Tria who ran as councilor in the 1994 election. He knows that Mr. Tria has children but he does know which one is Paula. He did not see Mr. Tria nor any of his children at the party he attended. He is sure that Mr. Tria was not present at that party because Mr. Tria belonged to the political party which competed against Mayor Magana’s political party during the elections.

He executed a sworn statement in connection with this case (Exhibit “10“).

When he arrived at the party, there were a lot of people there already. There were approximately 200 to 300 guests. He was not able to approach or talk to everyone at the party.

He was not present when the confrontation between Mayor Magana and Joselito de Guzman happened. He does not know who were actually present and had witnessed the said confrontation.

IX. EMMANUEL C. MAGANA: 22

21 Tsn, hearing of January 11, 2006, pp. 13 - 3322 Tsn, hearing of May 2, 2006, pp. 4 – 39;


He is 61 years old and the incumbent mayor of Kalayaan, Laguna. He has been serving as mayor since 1998 and is on his last term.

He knows Joselito “Jojie” de Guzman whose mother is his first cousin. Jojie worked as his driver but he had to terminate his services after less than two (2) years because he did many acts of foolishness and was always late for work.

In 2001, Jojie ran as councilor under the LAKAS party but he lost. He, on the other hand, ran under the political party KAMPI.

He executed two counter affidavits (Exhibits “1“ and “11”) in connection with the charge against him filed by Jojie de Guzman.

He filed a case for perjury against Jojie de Guzman after the latter had filed the present complaint against him.

Councilor Asidillo attended their victory party on May 31, 2001 but she was not really invited. He cannot recall all those who attended the said party but he is sure that George and Paula Tria were not there.

During the party, he drank only one bottle of beer. He left the party together with Councilor Tano Pasco at about 2:00 a.m. On his way home, he saw Jojie on the road, blocking his way so he stopped and alighted from his car.

He was just about to confront Jojie when they were separated by Elmer Madrazo and Moises Sadsad. At that time, Jojie was already drunk, trying to provoke him by mimicking everything he said and making fun of him. His companion, Councilor Tano Pasco, just remained inside his car.

DOCUMENTARY EVIDENCE FOR THE DEFENSE


Following the termination of the presentation of evidence for the accused, accused Magana submitted his Formal Offer of Evidence 23

on November 11, 2005, detailed as follows:

EXHIBITS DESCRIPTION/PURPOSE

“1” A copy of the “Sinumpaang Kontra Salaysay”, dated July 20, 2001, filed by the accused Emmanuel C. Magana;

purpose: To prove that accused Emmanuel C. Magana executed and filed his counter-affidavit to refute and belie the baseless accusations of the complainant pertaining to the events that transpired in the early morning of May 31, 2001;

“2” “2-A” to “2-B”

A copy of the “Sinumpaang Salaysay” dated July 20, 2001, executed by Aldrin Lualhati;

“3” A copy of the Sinumpaang Salaysay, dated July 20, 2001, of Ponciano Pasco;(Not identified in open court given its corroborative nature);

“4” A copy of the Sinumpaang Salaysay, dated July 20, 2001, of Councilor Benito Madrazo;

“5” A copy of the Sinumpaang Salaysay, dated July 20, 2001, of Justo Mondalla (Not identified in open court given its corroborative nature);

“ 6” “6-A” to “6-B”

A copy of the Sinumpaang Salaysay, dated July 20, 2001, of Moises Sadsad;

“7” “7-A”

A copy of the Sinumpaang Salaysay, dated July 20, 2001, of Brgy. Captain Elmer Madarazo;

purpose: The foregoing exhibits are being

23 Record, Vol. 3, p. 149


offered to prove that the persons named by the complainant as witnesses to the alleged incident in the early morning of May 31, 2001, categorically refuted and belied the accusations of the complainant and instead affirmed the accounts of the accused that no slapping of the face, boxing of the chest and utterance of threatening remarks actually happened;

“8” “8-A”

A copy of the Sinumpaang Salaysay, dated October 24, 2001, of Vice Mayor Celestino Magbuhos;

“9” “9-A”

A copy of the Sinumpaang Salaysay, dated December 12, 2001, of Michael Yapana;

“10” A copy of the Sinumpaang Salaysay, dated December 12, 2001, of Turiano Montes III;

“11” “11-A” to “11-B”

A copy of the Sinumpaang Salaysay, dated December 12, 2001, of the accused, Emmanuel C. Magana;

“13” “13-A” to “13-B”

A copy of the Sinumpaang Salaysay, dated December 12, 2001, of Teodoro A. Adao III;

purpose: The foregoing exhibits are being offered to prove that George Tria and his daughter Paula Luz Tria were not actually present during the victory party celebrated in the evening of May 30, 2001 at Brgy. San Juan, Kalayaan, Laguna and because they were not in the victory celebration of the political party of the accused, it was impossible for them to have witnessed the slapping incident which allegedly happened right after the victory celebration;

To further prove that witness George Tria was an active political supporter of the party which competed against the political party of the accused Emmanuel C. Magana during the May 2001 local elections; hence, it


was impossible for him to have been invited in the thanksgiving party of the political group of the accused as it is intended only for their supporters and friends; To further prove that it was impossible for the minor daughter of George Tria to be present in the said adult party and to have stayed that late in the party given her tender age;

“14” Sinumpaang Salaysay, dated August 15, 2001, of George Lim Tria (Provisionally marked during trial);

purpose: To disprove George Tria’s claim that he personally prepared his sworn statement; as the said witness admitted in open court, his real name is spelled George Tria and not Jorge Tria, which is the name written in his sworn statement;

“15” A copy of the Anatomical Diagram of Joselito de Guzman, dated May 31, 2006 (Provisionally marked during the trial);

purpose: To prove that based on the testimony of the attending physician Bonifacio Flores, the complainant was medically examined at around 3:55 in the afternoon of May 31, 2001 at the Laguna Provincial Hospital, contrary to the categorical declaration of the said complainant that he was medically examined in the morning of May 31, 2001;

On June 13, 2006, this Court resolved to admit all the foregoing exhibits of accused Magana, there being no objection from the prosecution. 24

On August 18, 2006, the prosecution submitted its memorandum. 25

24 Record, p. 36425 Id., p. 382


ESTABLISHED FACTS

On May 30, 2001, accused mayor Emmanuel C. Magana and the winning candidates of his political party, KAMPI, sponsored a party at the barangay gymnasium of Barangay San Juan, Kalayaan, Laguna, in celebration of their victory in the recently concluded May 14, 2001 elections. Aside from the supporters of their political party, Councilor Emma Asidillo, the only winning candidate from the rival party, was also present.

On May 31, 2001, between 1:30 to 2:00 a.m., Joselito “Jojie” de Guzman, a resident of Barangay San Juan, was awakened from his asleep because he was being bitten by mosquitoes so he decided to go out and buy a mosquito coil (katol) in the nearby store. Since the nearby store did not have any mosquito coil, he decided to proceed to the store next to the gym. On his way, he met his friend, Aldrin Lualhati, who told him that the store he intended to go to was already closed so he decided to return home.

While on his way home, Mr. de Guzman was sideswiped on his left leg by a car being driven by Mayor Magana, who had just left the victory party. Councilor Pasco was inside the car with Mayor Magana. Despite being sideswiped by the mayor’s vehicle, Mr. de Guzman continued to walk home but the mayor blocked his path. Mayor Magana and Councilor Pasco alighted from the car. A confrontation ensued between Mr. de Guzman and Mayor Magana but they were immediately pacified by Moises Sadsad, a barangay official, who said “Mayor, it is enough” while Elmer Madrazo, another barangay official, asked Aldrin Lualhati to bring Mr. de Guzman home. 26

ISSUES

The principal issue to be resolved herein is whether accused is guilty beyond reasonable doubt of committing the crime of Slander by Deed, under Article 359 of the Revised Penal Code. The pivotal question in the resolution of this principal issue is, did the accused slap private complainant, as alleged in the information? 26 Tsn, hearing of March 16, 2004, pp. 3 - 16


RULING

After a careful evaluation of the evidence presented in this case, this Court finds the accused not guilty beyond reasonable doubt of committing the crime of Slander by Deed in Criminal Case No. 27137.

DISCUSSION

Accused is being indicted for the criminal offense of Slander by Deed, under Article 359 of the Revised Penal Code, because during the confrontation that ensued between Mr. de Guzman and Mayor Magana on that early morning of May 31, 2001, the latter allegedly slapped Mr. de Guzman in the face in front of several on-lookers and bystanders, whom Mr. de Guzman knew personally, thus casting dishonor upon the person of the latter

Article 359 of the Revised Penal Code, provides:

“ARTICLE 359. Slander by Deed. — The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos. “

The elements of the offense of Slander by Deed are:

(1) that the offender performs any act not included in any other crime against honor;

(2) that such act is performed in the presence of other person or persons; and

(3) that such act casts dishonor, discredit or contempt upon the offended party. 27

First Element

27 Noel Villanueva vs. People of the Philippines , et al, G.R. No. 160351, April 10, 2006


Under settled jurisprudence, whether a certain slanderous act constitutes slander by deed of a serious nature or not, depends on the social standing of the offended party, the circumstances under which the act was committed, the occasion, etc. It is libel committed by actions rather than words. The most common examples are slapping someone or spitting on his/her face in front of the public market, in full view of a crowd, thus casting dishonor, discredit and contempt upon the person of another. 28

In this case, private complainant, Joselito de Guzman, testified that after he was sideswiped by the car of Mayor Magana, the latter alighted from his car, approached him, pointed a finger at him and said, “Putang-ina mo, paporma-porma ka pa diyan. Gusto mo patayin kita?”. He was not able to react because the mayor suddenly slapped him on the face and punched him on the chest. Thereafter, Mayor Magana was pacified by Moises Sadsad, a barangay official, who said “Mayor, it is enough” while Elmer Madrazo, another barangay official, asked Aldrin Lualhati to bring him (witness) home. Mr. de Guzman further narrated that the following morning, he went to the provincial hospital to have his face examined and the result of his medical examination showed swelling on the right side of his face, redness of the right eye and pain on his chest. 29

The above testimony of Mr. de Guzman was corroborated by George Tria and his daughter, Paula Tria, who both testified that they were present at the victory party held at the barangay gymnasium of Barangay San Juan, Kalayaan, Laguna, because they were invited by one of the winning candidates, Councilor Emma Asidillo. They left the party around 2:00 a.m., and as they were walking on the road looking for a store to buy a cigarette, they saw a white vehicle stop in the direction Mr. de Guzman was walking. They saw Mayor Magana step out of the vehicle, approach Mr. de Guzman, then they heard the mayor curse and threaten Mr. de Guzman. Thereafter, the mayor slapped Mr. de Guzman on the face and boxed him on the chest. Mr. de Guzman stepped back and the mayor wanted to go after him again but he was stopped by Mr. Moises Sadsad, a former counselor of the 28 supra29 Tsn, hearing of March 16, 2004, pp. 3 - 16

Decision/People vs.Magana, Criminal Case No. 27137Page -29---------------------------------------------------------------------------------------------barangay, who said. “Tama na po, Mayor”. After witnessing the incident, he and his daughter went home. 30

Another prosecution witness, Bonifacio Q. Flores, Medical Officer III of the Laguna Provincial Hospital, testified that on May 31, 2001, at around 3:55 p.m., a patient by the name of Joselito de Guzman was presented to him for physical examination. His examination showed that the patient was suffering from tenderness/swelling on the right maxillary and cervical region as well as the subconjunctival hemorrhage (Exhibits “H” and “E“). These injuries suffered by the patient could have been caused by a blunt object, such as a fist. He examined the patient’s chest and did not find any signs of injury. 31

Several witnesses for the defense, however, belied the fact the accused mayor slapped the complainant on the face and punched him on the chest.

Thus, Mayor Magana testified on cross-examination that he left the victory party together with Councilor Tano Pasco at about 2:00 a.m. On his way home, he saw Mr. de Guzman on the road, blocking his way so he stopped and alighted from his car. He was just about to confront Mr. de Guzman when they were separated by Elmer Madrazo and Moises Sadsad. They were being separated because at that time, Mr. de Guzman was already drunk, trying to provoke him by mimicking everything he said and making fun of him. 32

Elmer G. Madrazo, a barangay captain of Barangay San Juan, Kalayaan, Laguna, testified that on the night of May 30, 2001, he was at a thanksgiving party thrown by Mayor Magana and his partymates who won in the election. He stayed until the end of the party. While he was driving home from the party, he was behind the vehicle of Mayor Magana when he saw the mayor’s vehicle stop because a man was walking in the middle of the road, blocking their path. He later recognized this man as Joselito de Guzman. The mayor alighted from his car and confronted Mr. de Guzman. To prevent any further confrontation, there were people who held the mayor and he, on the 30 Tsn, hearings of March 17, 2004, pp. 9-71; March 18, 2004, pp. 5 - 1531 Tsn, hearing of July 8, 2004, pp. 5 – 13;32 Tsn, hearing of February 16, 2005, pp. 5 - 30

Decision/People vs.Magana, Criminal Case No. 27137Page -30---------------------------------------------------------------------------------------------other hand, asked Aldrin Lualhati to take Mr. de Guzman home. He did not see any slapping of the face, boxing of the chest and neither did he hear any threatening remarks made by Mayor Magana. 33

Moises R. Sadsad, one-time municipal councilor of Barangay San Juan, on the other hand, testified that he attended the thanksgiving party on the evening of May 30, 2001. After staying at the party for a couple of hours, he proceeded to his friend Nestor’s house, where his friends were holding a drinking session. He joined his friends but just drank coffee. They had their drinking session beside a sari-sari store alongside the road. They were still there at around 2: 00 am of the following day, when he heard the voice of Mayor Magana arguing with someone. The mayor was about 10 to 15 meters away from him, so he immediately stood and went to the mayor. When he approached the mayor, he realized that the mayor was arguing with Jojie de Guzman. He also saw Captain Elmer Madrazo and Councilor Pasco. He went in between the mayor and Jojie and told the mayor, “Mayor, let us go”. The mayor followed him and went home. The mayor never went near Jojie. Neither did the mayor slap his face nor box his chest. 34

Another defense witness, Celestino K. Magbuhos, the incumbent vice- mayor of Kalayaan, Laguna, testified that at around 10:00 a.m. of May 31, 2001, he met Jojie de Guzman at the town fiesta in Barangay San Antonio and there were no signs of injury on his face. When Jojie approached him and shook his hand, he asked Jojie about the slapping incident and the latter said it was the only way the Mayor Magana will be criminally charged. Two days after the victory party, he saw Councilor Asidillo who tried to convince him to testify against the mayor by saying that her plan was to have the mayor suspended so that he (witness) will serve as the mayor. 35

The evidence presented by the defense raises strong reasonable

doubt that there was actually a slapping incident that happened during the confrontation between accused Mayor Magana and complainant Joselito de Guzman that early morning of May 31, 2001.33 Tsn, hearing of February 17, 2005,pp. 4 - 1834 Tsn, hearing of August 16, 2005, pp. 7 - 2335 Tsn, hearing of May 19, 2005, pp. 11 - 30


George and Paula Tria both claimed that they saw Mayor Mayor Magana slap Joselito de Guzman on the face and punch him on the chest. However, there were two other witnesses who were present during the confrontation between Mayor Magana and Mr. de Guzman, namely, Elmer G. Madrazo Moises R. Sadsad, who testified that, at the time of the said confrontation, the mayor never went near Mr. de Guzman nor did he slap Mr. de Guzman’s face nor punched him on the chest. The testimonies of Mr. Madrazo and Mr. Sadsad are partly confirmed by the fact that when Dr. Bonifacio Q. Flores, Medical Officer III of the Laguna Provincial Hospital, conducted a physical examination of the private complainant, he did not see any signs of injury on the patient’s chest. 36

As for the injuries suffered by the complainant on his face, Dr. Flores testified that patient suffered from tenderness/swelling on the right maxillary and cervical region as well as the subconjunctival hemorrhage (Exhibits “H” and “E“). However, while the medical findings of Dr. Flores proves that Mr. de Guzman was injured on the face and the eyes, it could not conclusively establish the cause of these injuries. As Dr. Flores himself testified, these injuries are not caused exclusively by a slap on the face as they could have been caused by being hit by any blunt object. 37

It is also important to emphasize that while Mr. de Guzman testified that he went to the provincial hospital around 8:00 a.m. of May 31, 2001, 38 Dr. Flores testified that he examined Mr. de Guzman at around 3:55 p.m. of that day. 39 Dr. Flores’ testimony on this point is supported by the anatomical diagram (Exhibit “H”) which he prepared as he was examining Mr. de Guzman, which diagram indicated the time he attended to the said patient. Another defense witness, Celestino K. Magbuhos, the incumbent vice- mayor of Kalayaan, Laguna, also testified that at around 10:00 a.m. of May 31, 2001, he met Mr. de Guzman at the town fiesta in Barangay San Antonio and he saw that there were no signs of injury on Mr. de Guzman’s face. 40 36 Tsn, hearing of July 8, 2004, p. 2037 Tsn, hearing of July 8, 2004, , p. 1038 Tsn, hearing of March 16, 2004, pp. 37 – 3839 Tsn, hearing of July 8, 2004, p. 15 – 1740 Tsn, hearing of May 19, 2005, pp. 24 - 25


From the foregoing testimony of Dr. Flores, it is clear that Mr. de Guzman presented himself for medical examination not in the morning of May 31, 2006 but at 3: 55 in the afternoon of that day. Moreover, Mr. Magbuhos saw him that morning of May 31, 2001 and apparently, his face did not show any signs of injury. Thus, it is possible that the injuries sustained by the complainant on his face was actually incurred, not during the early morning of May 31,2001 when he was allegedly slapped by the mayor, but sometime between 10:00 a.m. when he was seen by Mr. Magbuhos, and 3:55 p.m., when he presented himself to Dr. Flores for examination.

This Court also notes the following inconsistencies and improbabilities in the testimonies of the prosecution witnesses, which, when taken together, further diminishes the credibility of their version of the events involved herein.

1) Mr. de Guzman claims that he was not intoxicated that early morning of May 31, 2001 when the confrontation between him and the mayor transpired. However, he also admitted that on May 30, 2001, he had a drinking session with his friends starting a few hours before lunch and finished around 2 to 3 o’clock in the afternoon. 41

Defense witness, Aldrin Lualhati also testified that at around 9 o’clock in the morning of May 30, 2001, Mr. de Guzman went to his house and invited him to a drinking spree, together with their other friends. Their drinking spree, which happened in the house of Mr. de Guzman, lasted up to 3 o’clock in the afternoon, after which he went home. Mr. de Guzman again went to his house again at 6 o’clock in the evening of that same day and they had another drinking session in Mr. de Guzman’s house up to 9 or 10:00 p.m. Mr. Lualhati further stated that when he met Jojie again at about 1 a.m. of the following day, he and Jojie were still drunk from all the liquor they had consumed the previous day. 42

Indeed, the fact that Mr. de Guzman had been drinking the whole day and half the night of May 30, 2001, strongly suggests that

41 Tsn, hearing of March 16, 2004, p 3142 Tsn, hearing of August 17, 2005, pp. 19 - 28

Decision/People vs.Magana, Criminal Case No. 27137Page -33---------------------------------------------------------------------------------------------he was still drunk at 2 o’clock in the morning of the following day. This, in turn, supports Mayor Magana’s statement that around 2 o’clock in the morning of May 31, 2000, while on his way home from the victory party, he encountered Mr. de Guzman walking on the road, in a state of intoxication, and since Mr. de Guzman was blocking his path, he went down from his car to confront the latter.

2) Mr. de Guzman testified that while walking on his way home that early morning of May 31, 2001, he was sideswiped on this left leg by Mayor Magana’s car. It is strange however, that despite being sideswiped by a car, he did not sustain any injury on his leg and neither did he complain of any pain thereon to Dr. Flores when he was examined by the latter. Moreover, neither George nor Paula, who both claimed to have seen the events leading to the slapping incident, testified that Jojie was sideswiped by Mayor Magana’s car.

3) In his cross-examination, Mr. de Guzman stated that in his original complaint, he identified Ponciano Pasco, Moises Sadsad, Elmer Madrazo, Justo Mondalla and Benito Madrazo as witnesses to the crime committed against him but he was not able to secure the statements of these witnesses. After he failed to convince these people to testify on his behalf, he introduced George Tria and the latter’s daughter, Paula, as his witnesses. 43 But in his re-cross examination, he said that aside from Aldrin Lualhati, he did not approach anybody else to testify in his favor because he surmised that the other witnesses will not support his claim against the mayor. 44

4) While both George and Paula Tria claimed that they attended the victory party on May 30, 2001, no other witnesses were presented by the prosecution to support their assertion that they were in fact in the said party, not even Councilor Asidillo, who, they claimed, had invited them to the said party. Furthermore, it is quite odd that Mr. Tria attended the victory party thrown by Mayor Magana’s political party when in fact, he never attended the campaign sorties of the mayor because he is a known supporter of the mayor’s political opponents. What is even more strange is that he brought along his 43 Tsn, hearing of March 16, 2004, pp. 34 - 3544 Tsn, hearing of March 16, 2004, p. 45

Decision/People vs.Magana, Criminal Case No. 27137Page -34---------------------------------------------------------------------------------------------twelve year old daughter to this adult evening party and stayed out as late as 2 o’clock in the morning of the next day, despite the fact that he was with his young daughter who needed to rest and sleep.

5) George Tria claims that he personally prepared his sworn statement (Exhibit “C”) but it is apparent that he was not the one who prepared this affidavit because his name was misspelled twice as “Jorge” thereon. We find it hard to believe that the misspelling of his name was due to his mere inadvertence because it is very rare for a person to misspell his own name and it is even rarer for a person to misspell his name twice, especially in an important document such as a sworn affidavit. Mr. Tria’s explanation that he noticed his mistake when he was already in the Ombudsman’s office but he did not correct it anymore as he was nervous at that time, 45 further renders his testimony doubtful because if he was really being forthright and candid in executing and filing his sworn affidavit, he should not have had any reason to be nervous that time.

Finally, given the fact that private complainant was a disgruntled employee who was dismissed by the accused; and the fact that private complainant was a defeated candidate of the political party which ran against the political party of the accused mayor, it is not too farfetched to suspect that the charges herein were contrived by the complainant to get back at the mayor for the humiliation he felt for being dismissed as an employee and defeated as a political candidate.

Corollary to the constitutional presumption of innocence is the rule that the circumstance of the case must exclude all and each and every hypothesis consistent with the innocence of the accused (People vs. de los Santos 314 SCRA 303). In this case, the above circumstances pointed out by the Court are not only inconsistent with the guilt of the accused but strongly suggests that he may not have committed the crime charged against him. When there is doubt on the guilt of an accused, the doubt should be resolved in his favor. We apply the equipoise rule which states that where the evidence on an issue of fact is in issue or there is doubt on which side the evidence 45 Tsn, hearing of March 18, 2004, pp. 46 - 49

Decision/People vs.Magana, Criminal Case No. 27137Page -35---------------------------------------------------------------------------------------------preponderates, the party having the burden of proof loses (Abarquez vs. People, 479 SCRA 225).

Second and Third Elements

Since the first element of the offense charged herein has not been established beyond reasonable doubt, it has become moot and academic to discuss whether the second and third elements are present in the instant case..

It is fundamental that the prosecution should prove beyond reasonable doubt every element of the offense charged. 46 Since the prosecution has failed to discharge the onus probandi for a pronouncement of guilt beyond reasonable doubt, the constitutional presumption of innocence in favor of the accused will result in acquittal (People vs. Saturno, 355 SCRA 578).

WHEREFORE, for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, accused EMMANUEL C. MAGANA is hereby declared NOT GUILTY in Criminal Case No. 27137 for Slander by Deed, under Article 359 of the Revised Penal Code. He is ordered ACQUITTED of the said offense charged against him.

The cash bond posted by the aforesaid accused to obtain his provisional liberty is hereby ordered returned to him, subject to the usual accounting and auditing procedures.

The Hold Departure Order issued against the same accused is likewise ordered lifted.

There can be no pronouncement as to civil liability as the facts from which the same might arise were not proven in the case at bar.

SO ORDERED.

Quezon City, December 13, 2006.

46 Ngo vs. People, 434 SCRA 522


MA. CRISTINA G. CORTEZ-ESTRADAChairman

WE CONCUR:

ROLAND B. JURADO TERESITA V. DIAZ-BALDOS Associate Justice Associate Justice

A T T E S T A T I O N

I attest that the conclusions in the above-decision were reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.

MA. CRISTINA G. CORTEZ-ESTRADAChairman, Fifth Division

C E R T I F I C A T I O N

Pursuant to Article VIII, Section 13 of the Constitution, and the Division Chairman’s Attestation, it is hereby certified that the conclusions in the above decision were reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.

TERESITA LEONARDO-DE CASTROPresiding Justice

crim case/s 27137 - people vs. magana

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