G.R. No. 124299 - THE PEOPLE OF THE PHILIPPINES, VS. CESAR LACANIETA ALIAS "BOY ALOG", JERRY BALLENAS ALIAS "MARLON MARQUEZ" AND CARLITO GAMAD, ACCUSED.JERRY BALLENAS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly arraigned on the Amended Information on February 18, 1992; he pleaded not guilty. The evidence for the prosecution consisted of the testimonies of Consorcia and Florencio Millones (Florencio) and Exhibits "A", "B", "C", and "D" as documentary evidence, while the defense presented BALLENAS as its lone witness. The version of the prosecution as summarized by the trial court is as follows: "On March 20, 1987 about 7 oclock in the evening, the Wilma Tayo (sic) and her mother Mrs. Consorcia Tayo were in their house at Sitio Bulho, Cubay-Sermon, Sibalom, Antique. They were about to eat supper when someone called to them asking to light a cigarette. Wilma Tayo asked who was calling and the answer was "I am Junior, let me light my cigarette". Wilma Tayo opened the door slightly and there stood accused Jerry Ballenas alias Marlon Marquez. Accused did not light his cigarette but instead blew the gas lamp and put out the light. He held Wilma Tayo by the wrist. Accused Jerry Ballenas pointed a short firearm to Wilma Tayo and Consorcia Tayo. Accused told Wilma Tayo to accompany him to Maria Leong-on, his girlfriend. Wilma Tayo refused as they were about to eat supper. Consorcia Tayo also told her daughter, Wilma Tayo not go out (sic) because it was already dark. Accused Jerry Ballenas forced Wilma Tayo to go out with him and struck the hand of Consorcia Tayo and pointed the handgun at her. Accused held Wilma Tayo tightly and took her away. Because of the abduction, Consorcia Tayo sought the help of a neighbor, Andres Mallorca, whose house is about 20 meters away from her house but to no avail, Andres Mallorca shut the door on her for fear of Jerry Ballenas as the latter is known as a member of the dreaded Sparrow Unit of the New Peoples Army. The following morning, Consorcia Tayo reported the abduction of Wilma Tayo to her son-in-law who is a member of the Integrated National Police. She learned from Aurelio Gamad that her daughter Wilma Tayo was already dead. The police then proceeded to the scene of the incident. At the time Wilma Tayo was abducted, she was 19 years old. She was single and a third year student in the Polytechnic State College of Antique, Sibalom, Antique. Consorcia Tayo spent P30,000.00 for the funeral of Wilma Tayo. Consorcia was shocked and she felt pain with the death of her only daughter Wilma Tayo. To Consorcia Tayo no amount of money could compensate the death of her daughter Wilma Tayo whom they loved so much." BALLENAS disavows any participation in the abduction, rape and killing of WILMA and offered this version, viz: "In the afternoon of March 20, 1987, at about past 4:00 p.m., he was in the house of CARLITO GAMAD. When darkness came, CARLITO asked him to accompany CEZAR LACANIETA (a boarder of the GAMADs), to the house of victim WILMA TAYO. Victim was the girlfriend of LACANIETA. On the way, LACANIETA told him of his plan to elope with victim, and asked him to talk to her. He proceeded to the house of victim, while