March 18, 2015

G.R. No. 175842

NILO MACAYAN, JR. y MALANA, Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, Respondent.

DECISION

LEONEN, J.:

This resolves a Petition for Review on Certiorari praying that the assailed Decision 1 dated
June 31, 2006 of the Court of Appeals be reversed and set aside and that a new one be
rendered acquitting petitioner Nilo Macayan, Jr.

The assailed Decision of the Court of Appeals affirmed with modification (by increasing the
duration of the penalty) the Decision2 dated November 15, 2002 of the Regional Trial Court,
Quezon City, which found Nilo Macayan, Jr. (Macayan) guilty beyond reasonable doubt of
the crime of robbery.

In the Information dated February 20, 2001, Macayan was charged with robbery as follows:

That on or about the 16th day of February 2001, in Quezon City, Philippines, the said
accused, with intent to gain and by means of force and intimidation, did then and there
willfully, unlawfully and feloniously rob / divest one ANNIE UY JAO of the amount of
P4,000.00 in cash in the manner as follows: on the date and in the place afore-mentioned,
said accused threatened complainant that he would destroy her and her entire family and
that he will have her and members of her family kidnapped unless she gives to him the
amount of P200,000.00, Philippine Currency and thereafter negotiated with said Annie Uy
Jao at McDonalds located at Quezon Avenue, this City, thus creating fear in the mind of
said complainant who was compelled to give as in fact she gave and delivered to the
accused the amount of P4,000.00, Philippine Currency, to the damage and prejudice of said
Annie Uy Jao in the amount aforementioned.

CONTRARY TO LAW.3

The case was docketed as Criminal Case No. Q-01-98670 and raffled to Branch 101 of the
Regional Trial Court, Quezon City.4

During trial, the prosecution presented as it witnesses: Annie Uy Jao, the private
complainant; Rodrigo Mapoy, team leader of the NBI operatives who conducted the
supposed entrapment operation that led to Macayans arrest; and Resurreccion R. Bajado,
a forensic chemist. Macayan was the sole witness for the defense.5

Annie Uy Jao (Jao) is the owner of Lanero Garments Ext (Lanero). In 1995, she hired
Macayan as a sample cutter and to undertake materials purchasing for her garments
business.6
In her testimony, Jao acknowledged that in 2000, when her business was doing poorly, she
allowed her employees to accept engagements elsewhere to augment their income,
provided they prioritize their work at Lanero. It came to her attention that Macayan and his
wife (also an employee at Lanero) accepted work for a rival company. Thus, Jao confronted
Macayan to impress upon him the need to prioritize work at Lanero. Macayan still took his
work at Lanero for granted, so Jao confronted him again. In this confrontation, Macayan
allegedly responded, "Kung gusto mo, bayaran mo na lang ako at aalis ako." Macayan then
stopped reporting for work.7

Following this, Jao was surprised to find out that Macayan had filed a Complaint for illegal
dismissal against her (docketed as NLRC-NCR Case No. 00-09-05057-00). Several
conferences were set for this illegal dismissal case. Immediately after the postponement of
the conference on February 12, 2001, Macayan allegedly threatened Jao that her family
would be harmed and/or kidnapped if she did not give him 200,000.00. Marjorie Angel
(Angel), Jaos secretary, was supposedly present when she was threatened. The following
day, Macayan allegedly called Jao to reiterate his threat and to specify the time and place
February 16, 2001, sometime between 6:00 and 7:00 p.m. at McDonalds Banawe
Branch in which the 200,000.00 should be handed to him. Jao claimed that she was sure
it was Macayan speaking to her, as the person on the phone addressed her as "Madam,"
which was how he customarily called her.8

Fearing for her familys safety, Jao sought assistance from the National Bureau of
Investigation (NBI). She asked that an entrapment operation be set up. The NBI operatives
asked her to prepare bills totalling 4,000.00 to be marked and used in the operation.9

On February 16, 2001, Jao, Angel, and the NBI operatives arrived at McDonalds Banawe.
They stayed there for about 30 minutes before Macayan called Angel and told her that they
were to meet at McDonalds Quezon Avenue instead. They arrived there at about 7:30 p.m.
Macayan called Angel again and told her that he was moving the venue to McDonalds
EDSA. They then proceeded to McDonalds EDSA and waited for Macayan, while the NBI
operatives waited outside. Macayan arrived and proceeded to where Jao and Angel were
seated. Jao handed him an envelope containing the marked bills. Macayan pulled the bills
halfway out of the envelope, and the NBI operatives accosted him.10

Prosecution witness Rodrigo Mapoy, team leader of the NBI operatives who arrested
Macayan, testified to the circumstances before and the conduct of the entrapment
operation. The testimony of forensic chemist Resurreccion R. Bajado regarding the marked
bills handed to Macayan was subject of a joint stipulation by the prosecution and the
defense.11

Macayan, testifying for himself, emphasized that he enjoyed a relatively trouble-free

employment with Lanero. However, sometime in 1999, after his wife gave birth to their first
child, he discovered that Jao had not been remitting required premiums to the Social
Security System.12

On August 18, 2000, as his child was confined in a hospital, Macayan inquired with Jao
regarding his Medicare benefits. This displeased Jao. The following day, she prevented him
from performing his tasks at work. Construing this as harassment, he stopped reporting for
work.13

Thereafter, Macayan filed a Complaint for illegal dismissal against Jao. In the course of the
proceedings for this illegal dismissal case, no less than 11 conferences/hearings were set.
As evidenced by these conferences minutes or constancias, at no instance did Jao ever
attend, as it was either her legal counsel or Angel who did so. Macayan recalled that in one
of these conferences, he expressed to Angel his willingness to settle the case for
40,000.00.14

On February 16, 2001, at about 9:00 a.m., Angel called Macayan. She told him that Jao
was ready to settle the illegal dismissal case. She added that Jao wanted to pay him
already, as Jao was leaving for Hong Kong. Angel set a rendezvous later in the day at
McDonalds Banawe. At about 11:00 a.m., Angel called him again, resetting the rendezvous
to McDonalds EDSA. She even reasoned that this venue was more convenient for her
since she was going home to Zambales.15

Macayan arrived at the agreed venue at about 9:00 p.m. He saw Angel standing outside
McDonalds. He approached Angel, who then accompanied him inside and led him to a
four-seat corner table. He was surprised to see Jao present. Jao then brought out of her
bag a piece of paper indicating that Macayan received the settlement amount for the illegal
dismissal case. Macayan signed this as he was of the understanding that this was
necessary to the settlement. Jao then pulled out a white envelope, handed it to Macayan,
and told him to count its contents. While counting the contents, a flash bulb went on
somewhere to his right. Then, a man who claimed to be an NBI operative struck a blow on
the right side of Macayans face and told him, "Tatanga-tanga ka. Pupunta ka rito ng walang
kasama, ikaw ngayon ang me [sic] kaso."16

Handcuffed, he was taken aboard a minivan and physically abused. He was taken to
several police stations in the hope that an inquest fiscal was available. It was only at 10:00
a.m. of the following day that an inquest fiscal, Prosecutor Hilda Ibuyan, became available.17

The Information charging him with robbery dated February 20, 2001 was then prepared,
and the criminal case (docketed as Criminal Case No. Q-01-98670) was filed and raffled to
Branch 101 of the Regional Trial Court, Quezon City.

In the meantime, on October 31, 2001, the illegal dismissal case was decided in Macayans
favor by Labor Arbiter Daisy G. Cauton-Barcelona. A total of 186,632.00 was awarded to
him.18 On appeal, the National Labor Relations Commission would find that Macayan was
entitled to unpaid benefits though he was legally dismissed. The Decision of the National
Labor Relations Commission was subsequently affirmed by the Court of Appeals with
modification as to the applicable rate of interest.19

After trial, the Regional Trial Court, Quezon City rendered the Decision 20 convicting
Macayan of robbery. The trial court found the prosecutions version of events "from the time
of the telephone overtures of the Accused which is consistent with the elements of
intimidation and/or extortion, up to complainant Annie Uy Jaos reporting the matter to the
NBI, to the time of the NBI entrapment" as "ring[ing] a loud bell of truth and consistency, not
to say credibility."21 It accorded the presumption of regularity to the entrapment operation
and held that the forensic findings connecting the marked money to Macayan militated
against his defense.22

The dispositive portion of the trial courts Decision reads:

PREMISES CONSIDERED, this Court, therefore, finds the Accused GUILTY BEYOND
REASONABLE DOUBT of the crime of robbery and hereby sentences him to suffer the
indeterminate penalty (there being no mitigating/aggravating circumstance) of FOUR (4)
MONTHS and ONE (1) DAY of ARRESTO MAYOR as minimum to FOUR (4) YEARS, TWO
(2) MONTHS and ONE (1) DAY of PRISION CORRECCIONAL as maximum.

Lastly the P4,000.00 marked money exhibit, which has been claimed to be owned by the
private complainant, is ORDERED RELEASED to her after the finality of this Decision.

SO ORDERED.23 (Emphasis and underscoring in the original)

Macayan then appealed to the Court of Appeals. He filed his Appellants Brief24 on August
25, 2004.

The Office of the Solicitor General, representing the People of the Philippines at the
appellate stage, did not file an appellees brief. Instead, it filed a Manifestation and Motion in
Lieu of Appellees Brief25 recommending that Macayan be acquitted. It asserted that his guilt
was not established beyond reasonable doubt.

Noting that Jao was never present in any of the conferences for the illegal dismissal case
and that the sole witness who could confirm if she was indeed threatened or intimidated on
or immediately after such an occasion (i.e., Angel) was never presented, the Office of the
Solicitor General asserted that the fourth requisite of the offense of robbery (i.e., violence
against or intimidation of a person) could not have been made by Macayan on the occasion
of a conference for the illegal dismissal case. It added that the other occasion when
Macayan was supposed to have threatened Jao was equally dubious since Jaos sole
reason for claiming that it was Macayan speaking to her (i.e., her having been addressed as
"Madam") was insufficient to ascertain that persons identity.26

On July 31, 2006, the Court of Appeals Tenth Division rendered the assailed
Decision27 affirming Macayans conviction and increasing the duration of the penalty
imposed. It reasoned that Jaos sole, uncorroborated testimony was nevertheless positive
and credible. As regards Jaos having been threatened after the postponement of the
February 12, 2001 conference in the illegal dismissal case, the Court of Appeals reasoned
that constancias are "not the best evidence of attendance"28 and that, in any case, Jao was
threatened after and not during the conference.

The dispositive portion of this Decision reads:

WHEREFORE, premises considered, the decision of the Regional Trial Court of Quezon
City, Branch 101, in Criminal Case No. Q-01- 98670 is hereby AFFIRMED with the
MODIFICATION that the accused-appellant is hereby sentenced to an indeterminate
sentence of one (1) year, seven (7) months and eleven (11) days of prision correccional as
MINIMUM, to six (6) years, one (1) month and eleven (11) days of prision mayor as
MAXIMUM.

SO ORDERED.29 (Emphasis in the original)

On December 18, 2006, the Court of Appeals Tenth Division rendered the
Resolution30 denying Macayans Motion for Reconsideration.31

Hence, this Petition was filed.32

Asked by this court to file a Comment, the Office of the Solicitor General instead filed a
Manifestation and Motion33to adopt as its Comment the same Manifestation and Motion in
Lieu of Appellees Brief that it filed with the Court of Appeals. Thus, the Office of the
Solicitor General reiterated its position that Macayans guilt beyond reasonable doubt has
not been established and that he must be acquitted.

On September 11, 2007, Macayan filed the Manifestation in Lieu of Reply34 in view of the
Office of the Solicitor Generals earlier Manifestation and Motion.

For resolution is the sole issue of whether Macayans guilt beyond reasonable doubt has
been established.

We reverse the Decision of the Court of Appeals and acquit petitioner Nilo Macayan, Jr. of
the charge of robbery.

Rule 133, Section 2 of the Revised Rules on Evidence specifies the requisite quantum of
evidence in criminal cases:

Section 2. Proof beyond reasonable doubt. In a criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof, excluding possibility of error, produces
absolute certainly. Moral certainly only is required, or that degree of proof which produces
conviction in an unprejudiced mind.

This rule places upon the prosecution the task of establishing the guilt of an accused,
relying on the strength of its own evidence, and not banking on the weakness of the
defense of an accused. Requiring proof beyond reasonable doubt finds basis not only in the
due process clause35 of the Constitution, but similarly, in the right of an accused to be
"presumed innocent until the contrary is proved."36 "Undoubtedly, it is the constitutional
presumption of innocence that lays such burden upon the prosecution."37 Should the
prosecution fail to discharge its burden, it follows, as a matter of course, that an accused
must be acquitted. As explained in Basilio v. People of the Philippines:38

We ruled in People v. Ganguso:

An accused has in his favor the presumption of innocence which the Bill of Rights
guarantees. Unless his guilt is shown beyond reasonable doubt, he must be acquitted. This
reasonable doubt standard is demanded by the due process clause of the Constitution
which protects the accused from conviction except upon proof beyond reasonable doubt of
every fact necessary to constitute the crime with which he is charged. The burden of proof
is on the prosecution, and unless it discharges that burden the accused need not even offer
evidence in his behalf, and he would be entitled to an acquittal. Proof beyond reasonable
doubt does not, of course, mean such degree of proof as, excluding the possibility of error,
produce absolute certainty. Moral certainty only is required, or that degree of proof which
produces conviction in an unprejudiced mind. The conscience must be satisfied that the
accused is responsible for the offense charged.

Well-entrenched in jurisprudence is the rule that the conviction of the accused must rest, not
on the weakness of the defense, but on the strength of the prosecution. The burden is on
the prosecution to prove guilt beyond reasonable doubt, not on the accused to prove his
innocence.39 (Citations omitted)

II

The determination of the guilt of an accused hinges on how a court appreciates evidentiary
matters in relation to the requisites of an offense. Determination of guilt is, thus, a
fundamentally factual issue.

This court, however, is not a trier of facts. Consistent with Rule 45 of the Rules of Court,
"[a]s a rule, only questions of law, not questions of fact, may be raised in a petition for
review on certiorari under Rule 45."40 More specifically, "in a criminal case, factual findings
of the trial court are generally accorded great weight and respect on appeal, especially
when such findings are supported by substantial evidence on record."41

Nevertheless, there are exceptions allowing this court to overturn the factual findings with
which it is confronted. Speaking specifically of criminal cases, this court stated in People of
the Philippines v. Esteban42 that "in exceptional circumstances, such as when the trial court
overlooked material and relevant matters . . . this Court will re-calibrate and evaluate the
factual findings of the [lower courts]."43 Below are the recognized exceptions to the general
rule binding this court to the factual findings of lower courts:

(1) When the conclusion is a finding grounded entirely on speculation, surmises, and
conjectures;

(2) When the inference made is manifestly mistaken, absurd or impossible;

(3) Where there is a grave abuse of discretion;

(4) When the judgment is based on a misapprehension of facts;

(5) When the findings of fact are conflicting;

 (6) When the Court of Appeals, in making its findings, went beyond the issues of the
case and the same is contrary to the admissions of both appellant and appellee;

(7) When the findings are contrary to those of the trial court;

(8) When the findings of fact are conclusions without citation of specific evidence on
which they are based;

(9) When the facts set forth in the petition as well as in the petitioners' main and
reply briefs are not disputed by the respondents; and

(10) When the findings of fact of the Court of Appeals are premised on the supposed
absence of evidence and contradicted by the evidence on record.44 (Emphasis
supplied)

Here, Macayan asserts that the lower courts committed a serious misapprehension of facts,
thereby wrongly concluding that he is guilty beyond reasonable doubt. He argues that the
evidence adduced by the prosecution falls seriously short of the quantum of evidence
required to convict him. He specifically draws attention to the following:

First, Jaos claim that, immediately after the postponement of the February 12, 2001
conference in the illegal dismissal case and in the presence of Angel, Macayan threatened
to harm and/or kidnap the members of her family, despite the records in the same case
showing that Jao never attended any of the 11 conferences that were set or conducted;

Second, the prosecutions unjustified failure to present Angel as a witness and its sole
reliance on Jaos testimony, considering that it was Angel who can confirm if, indeed,
Macayan threatened Jaos family immediately after the postponement of the February 12,
2001 conference;

Third, Jaos reliance on nothing more than how she was addressed as "Madam" by the
person speaking to her on the phone as basis for concluding that it must have been
Macayan who was supposedly calling and threatening her and her family;

Fourth, the inconsistency and absurdity of Jaos conduct in considering Macayans threats
of such serious nature that she needed to report it to the National Bureau of Investigation
for the prospective conduct of an entrapment operation, and yet not telling her husband
about the threats simply because he would easily get annoyed; and

Lastly, the inconsistent claims of Jao and prosecution witness Rodrigo Mapoy, the NBI
operations team leader, as to who Macayan called on the evening of February 16, 2001 to
reset the rendezvous to McDonalds EDSA. Jao claimed that Macayan called Angel, while
Rodrigo Mapoy claimed that Macayan called Jao herself.

Macayans position is buttressed by the Office of the Solicitor General, the public institution
otherwise charged with the task of pursuing the prosecutions case on appeal. As the Office
of the Solicitor General stated:
In the instant case, however, clues of untruthfulness in the testimony of Annie Uy Jao are
abundant while incentives for fabrication of a story [are] not wanting. The only way to
eliminate any doubt in Annie Uy Jaos assertions would have been to find independent
confirmation from the other sources, as by way of unambiguous testimony of a competent
and credible witness. Sadly, no such confirmation could be had as the prosecutions
evidence on the most crucial elements of the crime was limited to that testified on by Annie
Uy Jao.

It is respectfully submitted that had the trial court seen and understood these realities laid
on clearly in the records of this case, it would have concluded reasonable doubt as to acquit
appellant.45 (Underscoring in the original)

The position taken by the Office of the Solicitor General has resulted in the peculiar
situation where it is not the prosecution but, effectively, the trial court and the Court of
Appeals arguing for Macayans guilt beyond reasonable doubt.

With the backdrop of these assertions, we deem it proper to reevaluate the factual findings
and the conclusions reached by both the trial court and the Court of Appeals.

III

Article 293 of the Revised Penal Code provides for who are guilty of robbery:

ARTICLE 293. Who are Guilty of Robbery. Any person who, with intent to gain, shall take
any personal property belonging to another, by means of violence against or intimidation of
any person, or using force upon anything, shall be guilty of robbery.

Accordingly, the following elements must be established to sustain a conviction for robbery:

1)there is a taking of personal property [i.e., unlawful taking]; 2) the personal property
belongs to another; 3) the taking is with animus lucrandi [i.e., intent to gain]; and 4) the
taking is with violence against or intimidation of persons or with force upon things. 46

As pointed out by the Office of the Solicitor General, the "bone of contention"47 centers on
the elements of unlawful taking and of violence against or intimidation of persons. This is
precisely Macayans contention: that he neither intimidated nor threatened Jao, and that he
could not have unlawfully taken money from her on account of any act of intimidation and/or
threats made by him.

Consistent with the rule on burden of proof, the requisite quantum of evidence in criminal
cases, and in light of the points highlighted by both Macayan and the Office of the Solicitor
General, we find that the prosecution failed to establish Macayans guilt beyond reasonable
doubt. Thus, a reversal of the rulings of the trial court and Court of Appeals is in order.
Macayan must be acquitted.

As correctly pointed out by the Office of the Solicitor General, the resolution of this case
hinges on whether Jao was indeed threatened and/or intimidated by Macayan into giving
him money, that is, whether he extorted money from Jao. Per Jaos own testimony, there
were two (2) instances in which she was threatened and/or intimidated: first, immediately
after the postponement of the February 12, 2001 conference in the illegal dismissal case;
and second, when Macayan called her on February 13, 2001 and set a rendezvous for
handing over the extorted money.

Contrary to the conclusions of the trial court and the Court of Appeals, we find Jaos
testimony regarding these occasions (and ultimately, the presence of the requisite of
violence against or intimidation of a person) dubious and unreliable.

Macayan and the Office of the Solicitor General are one in pointing out that the records of
NLRC-NCR Case No. 00-09-05057-00 are bereft of any indication that Jao was present in
any of the 11 conferences held or set (only to be postponed even if both parties were
represented). The defense introduced as its Exhibits "2" to "12" the minutes and/or
constancias of these conferences. Exhibit "2" was the minutes/constancia of the February
12, 2001 conference. During his testimony, Macayan specifically referred to this document
as proof that he never saw, met, or spoke to Jao on the occasion of or immediately after the
conference set on that date:

Q:Mr. Witness, you were present when complaining witness Annie Uy Jao told this
Honorable Court that sometime on February 12, 2001, during the hearing of the labor case
in the NLRC, at Banawe, Quezon City, you threatened her that you will kidnap her and her
family if she will not give P200,000.00. What can you say about this?

A: That is not true, Sir.

Q: Why did you say there is no truth in it?

A: Because we did not meet on February 12.

Q: Do you mean to tell this Honorable Court that Annie Uy Jao was not present during the
hearing of that case?

A: She was not there.

Q: Has she an [sic] representative?

A: Yes, Sir.

Q: Who is that?

A: Marjorie Angel, the secretary.

Q: Do you have any proof that she was not present?

A: Yes, Sir.

Q:I am showing to you constancia, date of hearing 2/12/03. Will you please examine this
document. Does it have anything to do with what you said?
A: This is the Minutes of Hearing on February 12, 2001.

Atty. Oliva: We would like to request that this constancia be marked as Exhibit "2."

Court: Mark it. On its face, this is a form by the NLRC containing the caption, the name of
the parties and the case number, date of hearing and the time.

Atty. Oliva: Mr. Witness, there are signature [sic] below this constancia, complaining
witness, there is a signature above the complainant.

A:This is my signature and this is the signature of Marjorie Angel.

Q: How do you know that this is her signature[?]

A: Because I was with her for five (5) months.48

Jaos absence in the intended conference (though subsequently postponed despite both
parties to the illegal dismissal case being represented) places serious doubt on the
occurrence of the supposed first instance of intimidation on February 12, 2001.

The Court of Appeals reasoned that a constancia "would not be the best evidence of
attendance in any of the National Labor Relations Commission hearings."49 It added that, in
any case, the act of intimidation happened after, and not during, the conference. This is a
strained consideration of the facts of this case.

First, consistent with the presumption "[t]hat official duty has been regularly
performed"50 and "[t]hat a person takes ordinary care of his concerns,"51 both the personnel
of the Labor Arbiters office who prepared the minutes of the February 12, 2001 conference
and the persons who signed it must be considered as having taken the necessary care to
make it a faithful and accurate record of what transpired and of who were present in the
conference. Thus, the minutes indication that only Angel was present should be taken as
accurate and reliable absent any proof to the contrary. If the principal, Jao, were present,
there would not have been a need for Angel, her representative, to sign in such capacity.

Second, much is made of how the threats were delivered after and not during the
conference. To recall the prosecutions allegation, the intimidation took place immediately
after the conference, outside the Labor Arbiters office, along the corridor of the National
Labor Relations Commission Building.52 As there was neither an appreciable duration of
time between the conference and the subsequent threatening exchange nor a significant
distance between where the conference was held and where the subsequent threatening
exchange took place, it may be deduced that whatever exchange, if any, that transpired
must have been between those who were present at the conference. Conversely, those
who were absent from the conference must have been equally unavailable to engage in an
exchange with Macayan.

Apart from these, that the rest of the minutes of the illegal dismissal case shows that Jao
never attended any conference gives rise to the question of why she chose to be personally
present in, of all conferences, the postponed February 12 conference. If, indeed, she was
present in this despite her absence in all others, some particular significance must have
characterized this conference, something that Jao has not accounted for. In any case, if
there was any particular significance to this February 12 conference, then, all the more, her
presence or attendance should have been indicated in the records.

Of course, many explanations well within the realm of possibility could be offered for
why Jaos attendance was not indicated in the minutes. For instance, Jao could have simply
chosen to wait outside the Labor Arbiters office, or she could have declined from having her
attendance specified in the minutes. What is crucial, however, this being a criminal case, is
for the prosecution to establish the guilt of an accused on the strength of its own evidence.
Its case must rise on its own merits. The prosecution carries the burden of establishing guilt
beyond reasonable doubt; it cannot merely rest on the relative likelihood of its claims. Any
lacunae in its case gives rise to doubt as regards the "fact[s] necessary to constitute the
crime with which [an accused] is charged."53

Here, there is serious doubt on whether Jao was actually threatened or intimidated at the
time she specified. Thus, there is serious doubt on the existence of the fourth requisite for
robbery violence against or intimidation of a person in relation to the alleged February
12, 2001 incident.

The prosecution could have addressed the deficiency in Jaos allegation that she was
threatened on February 12, 2001 by presenting as witness the other person who was
supposedly present in the incident: Angel, Jaos secretary. However, she was never
presented as a witness.

The Court of Appeals noted that corroborative testimony is dispensable; "the lack of it does
not necessarily condemn a lone witness recital of the crime for as long as that single
witness testimony is credible."54

People of the Philippines v. Cleopas,55 which the Court of Appeals cited, states that the
testimony of a lone witness "may suffice for conviction if found trustworthy and reliable." 56

Precisely, conviction resting on a singular testimony is warranted if this is, in the words of
Cleopas, "trustworthy and reliable,"57 or, in the words of the Court of Appeals,
"credible."58 This could not be said of Jaos testimony. As previously discussed, her very
presence in the February 12, 2001 conference that she claimed to have been immediately
followed by Macayans threats, is in serious doubt. Nothing casts greater doubt on the
reliability of Jaos claim than her having not been at the time and place of the supposed
intimidation.

With the first alleged instance of intimidation being discredited, the prosecution is left to rely
on the second supposed instance of intimidation: the phone call made by Macayan to Jao
on February 13, 2001, during which he not only reiterated his threats but also set a
rendezvous for the handover of the extorted money. Even this, however, is doubtful.

The prosecution itself acknowledged that there is no basis for ascertaining the identity of
Macayan as the caller other than the callers use of "Madam" in addressing Jao. The
following excerpt is taken from Jaos direct examination:
Atty. Garena: Madam Witness, you said you received another call after February 12, 2001.
Is that from the accused or from another person?

A: From the accused.

Q: What was the call about?

A:He repeated the threat again that I have to give him P200,000.00 or else, he will harm y
[sic] family; and he set a place to give the money.

....

Court: The first word uttered by him. You narrated, more or less.

Did he introduce himself?

A: He never stated his name because he knew I know his name.

Court: That is your presumption, but what was the first word uttered by him and what was
your reply, line by line[?]

A: He always calls me madam.

Court: You answer the question of the Court now. How did the conversation go?

A:He said, Madam, Kung hindi mo ibibigay sa akin ang P200,000.00, ipapakidnap ko ang
pamilya mo. (Madam, if you dont give me that P200,000.00, I am going to ask somebody to
kidnap you and your family.)

Court: That was the first line. Was that the end of the first line of the accused?

A:Those were the only words that he told me. I cannot say anything. I just put down the
phone.

Court: After he said those lines, you put down the telephone?

A: After he said the date and time.

Court: The Court is asking you to narrate line by line. What he said. What you said.

A:If you will not give me P200,000.00, I will ask somebody to kidnap you, your child and
your husband.

Court: That was the first line. Did you reply to him?

A:No, sir. I did not ask. The next line, he said he was going to wait for me at McDo Banawe
at around 6:00 [to] 7:00 in the evening.
Court: Did he state the date?

A: February 16.

Court: You are impressing to this Court that the accused had said two lines already without
you uttering any word. How did the accused knew [sic] that it is Annie Uy Jao on the other
line?

A:Because the first word [sic] that I said, Hello, then he replied, Madam.

Court: You uttered the hello, that is why the accused recognized you on the line.

A:Yes, your Honor. Because he knew that only two persons are answering [sic] the phone,
my secretary and me.59(Emphasis supplied)

The prosecution should have offered more convincing proof of the identity of the supposed
caller. Even if it were true that Macayan customarily addressed Jao as "Madam," merely
being called this way by a caller does not ascertain that he is the alleged caller. The
prosecution never made an effort to establish how addressing Jao as "Madam" is a unique
trait of Macayans and Jaos relationship. Other persons may be equally accustomed to
calling her as such; for instance, "Madam" may be Jaos preferred manner of being
addressed by her subordinates or employees. Likewise, it was established that Macayan
and Jao have known each other since 1995. Their relation was more than that of employer
and employee, as Jao was Macayans godmother in his wedding.60

Certainly, Jao could have offered other, more reliable means of ascertaining that it was,
indeed, Macayan with whom she was conversing. The second alleged instance of
intimidation is likewise cast in serious doubt. Left with no other act of intimidation to rely on,
the prosecution fails in establishing the fourth requisite of the crime of robbery.

Apart from these, another point underscores the unreliability of Jaos allegations. As pointed
out by Macayan and acknowledged by the prosecution, Jao never saw it proper to warn her
family, more specifically, her husband, of the threat of being kidnapped. Nevertheless, she
supposedly perceived Macayans alleged threat as being of such a serious nature that she
must not only report the matter to the National Bureau of Investigation, but also entreat its
officers to conduct an entrapment operation.

Jurisprudence has established the standard for appreciating the credibility of a witness
claim:

[F]or evidence to be believed, however, it must not only proceed from the mouth of a
credible witness but must be credible in itself such as the common experience and
observation of mankind can approve under the circumstances. The test to determine the
value of the testimony of a witness is whether such is in conformity with knowledge and
consistent with the experience of mankind. Whatever is repugnant to these standards
becomes incredible and lies outside of judicial cognizance.61
Jaos inconsistent conduct, coupled with flimsy justifications for acting as she did, betrays
the absurdity and unreliability of her claims and ultimately, of her as a witness:

Court: You did not inform anybody about that call?

A: Only my secretary. She was beside me.

Court: What about your husband? At that time, where was he?

A: He was outside.

Court: Does he have a cellular phone at that time?

A: Only a pager.

Court: Did it not occur to you to inform your husband about the call?

A: No, your Honor.

Court: How about the words uttered to you in the Labor hearing, did you inform you [sic]
husband?

A: No, your Honor.

Court: What was the reason?

A:I was afraid because he might accused (sic) me of what happened?

Court: This is a very private question. That date of hearing in the

NLRC, you slept together [with] your husband?

A: Yes, your Honor.

Court: That night, you did not inform him?

A: He knows about the labor case.

Court: You did not inform him about the extortion threat of the

Accused?

A: No, sir.62

On cross examination, Jao explained:

Q: During the direct examination, the Honorable Court asked you whether you told this
matter to your husband and you said you did not?

A: I am not [the] type of person who dont usually tell [sic] everything to my husband
specially [sic] regarding things like this because he is medyo makulit and I dont want him
asking same questions again and again (sic).

Q: Instead of telling your husband, you went to the NBI to report the matter?

A: Yes, sir.63 (Emphasis supplied)

The Court of Appeals stated that "the subsequent and contemporaneous actions of the
private complainant from the time the threat was made bolsters the veracity of her
story."64 This cannot be farther from the truth. On the contrary, inconsistencies and
absurdities in Jaos actions cast serious doubt on the veracity of her claims.

Finally, the trial court made much of how Macayan is supposedly estopped by the joint
stipulation that the prosecution and the defense made as regards the "existence,
authenticity, due execution and contents of [the] NBI Physics Report on the powder dusting/
positive results."65

The defenses accession to these is inconsequential. These only prove that Macayan
handled the bills used in the alleged entrapment operation, a fact that he does not dispute.
It remains, however, that they do not establish any certainty as to the circumstances
surrounding his handling of the bills, among these: whether there was, indeed, unlawful
taking by Macayan, and whether Jao did hand him the bills because he extorted them from
her.

In sum, the prosecution failed to establish the elements of unlawful taking and of violence
against or intimidation of a person. Reasonable doubt persists. As is settled in
1wphi1

jurisprudence, where the basis of conviction is flawed, this court must acquit an accused:

In criminal cases, the prosecution has the onus probandi of establishing the guilt of the
accused. Ei incumbit probatio non qui negat. He who asserts - not he who denies - must
prove. The burden must be discharged by the prosecution on the strength of its own
evidence, not on the weakness of that for the defense. Hence, circumstantial evidence that
has not been adequately established, much less corroborated, cannot be the basis of
conviction. Suspicion alone is insufficient, the required quantum of evidence being proof
beyond reasonable doubt. Indeed, "the sea of suspicion has no shore, and the court that
embarks upon it is without rudder or compass."

It must be stressed that in our criminal justice system, the overriding consideration is not
whether the court doubts the innocence of the accused, but whether it entertains a
reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they
must be acquitted even though their innocence may be questionable. The constitutional
right to be presumed innocent until proven guilty can be overthrown only by proof beyond
reasonable doubt.66 (Emphasis in the original, citations omitted)
With the prosecution having failed to discharge its burden of establishing Macayan's guilt
beyond reasonable doubt, this court is constrained, as is its bounden duty when reasonable
doubt persists, to acquit him.

WHEREFORE, the Petition is GRANTED. The Decision of the Court of Appeals in CA G.R.
CR No. 28380 is REVERSED and SET ASIDE. Petitioner Nilo Macayan, Jr. y Malana is
hereby ACQUITTED for failure of the prosecution to prove his guilt beyond reasonable
doubt. If detained, he is ordered immediately RELEASED, unless he is confined for any
other lawful cause. Any amount paid by way of a bailbond is ordered RETURNED.

SO ORDERED.

MARVIC M.V.F. LEONEN

Associate Justice

WE CONCUR:

ANTONIO T. CARPIO
Associate Justice
Chairperson

PRESBITERO J. VELASCO, JR.* MARIANO C. DEL CASTILLO

Associate Justice Associate Justice

JOSE CATRAL MENDOZA

Associate Justice