People of the Philippines vs.

Jose
Patriarca, Jr. @ "Ka Django"

Republic of the Philippines

SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 135457 September 29, 2000

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
JOSE PATRIARCA, JR., alias "KA DJANGO," CARLOS NARRA, alias "KA
JESSIE" and TEN (10) JOHN DOES, accused-appellant.

DECISION

BUENA, J.:

Accused-appellant Jose Patriarca, Jr., with the aliases of "Ka Django,"

"Carlos Narra" and "Ka Jessie," appeals the decision of the Regional Trial
Court at Sorsogon, Sorsogon, Branch 52, in Criminal Case No. 2773 entitled
"People of the Philippines versus Jose Patriarca, Jr. alias 'Ka Django,' 'Carlos
Narra,' 'Ka Jessie,' and 21 John Does" convicting him of murder and
sentencing him to reclusion perpetua.
On August 16, 1990, an information for murder was filed against Jose
Patriarca, Jr., alias "Ka Django," "Carlos Narra", "Ka Jessie," et al., charging
them of murder committed as follows:

"That on or about the 30th day of June, 1987 at about 10:00 o'clock in the
evening in the Municipality of Donsol, Province of Sorsogon, Philippines and
within the jurisdiction of this Honorable Court, the above-named accused
conspiring, confederating and mutually helping one another, armed with guns,
forcibly took away ALFREDO AREVALO from his residence and brought him
to Sitio Abre, Mabini, Donsol, Sorsogon, and did then and there willfully,
unlawfully and feloniously with intent to kill, with treachery and evident
premeditation, attack, assault and shoot ALFREDO AREVALO thereby
inflicting upon him mortal wounds, which directly caused his death to the
damage and prejudice of his legal heirs.

"CONTRARY TO LAW."

Accused-appellant Jose Patriarca, Jr. was also charged with Murder for the
killing of one Rudy de Borja and a certain Elmer Cadag under Informations
docketed as Criminal Cases Nos. 2665 and 2672, respectively.

Upon arraignment on November 25, 1993, accused-appellant, assisted by

his counsel de parte, pleaded not guilty to the crimes charged. Joint trial of
the three cases was conducted considering the substantial identity of the
facts and circumstances of the case.

Prosecution witness Nonito Malto testified that on June 30, 1987, the
accused, with ten (10) armed companions, requested permission to rest in his
house, which was granted. They had with them a person who was hogtied.
Accused Patriarca asked that the lights in Malto's house be extinguished and
Malto complied.

Around 2:00 o'clock in the early morning of July 1, 1987, Malto was awakened
by a gunshot. When he looked out, he saw Patriarca holding a gun and
ordering the person who was hogtied to lie down. After several minutes,
Malto heard two gunshots. He then heard the accused direct his companions
to carry away the dead man.

Nonito Malto, later on, learned that the dead man was Alfredo Arevalo when
Patriarca went back to his place, together with the military, on March 29,
1990.

The skeletal remains of Alfredo Arevalo were recovered in the property of a

Rubuang Tolosa and were identified by Elisa Arevalo, the mother of the
victim.

The second witness for the prosecution was Elisa Arevalo. She knew
Patriarca, alias "Ka Django", as he told her on March 10, 1987 not to let her
son join the military. She, however, replied that they were only seeking
employment. Her son Alfredo was her companion in attending to their farm
and he was a member of the Civilian Home Defense Force (CHDF) in their
locality.

After she was informed by her tenant Alegria Moratelio Alcantara that her
son was abducted by the New People's Army (NPA) led by Patriarca, she
reported the matter to the military and looked for him. She was informed by
the residents of the place where the NPA passed, that they saw her son
hogtied, that her son even asked for drinking water, and complained that he
was being maltreated by the NPA. After three days of searching, a certain
Walter Ricafort, an NPA member and a relative of hers, notified her that her
son Alfredo was killed by Jose Patriarca, Jr.

In the municipal building, Nonito Malto likewise informed her of her son's
death in the hands of Ka Django. Consequently, a Death Certificate was
issued by the Local Civil Registrar.

When the skeletal remains of a man were recovered, she was able to identify
them as belonging to her son by reason of the briefs found in the burial site.
Her son, Alfredo Arevalo, used to print his name on the waistband of his
briefs so that it would not get lost.

The defense presented accused Jose Patriarca, Jr. and Francisco Derla who
admitted that accused is a member of the NPA operating in Donsol,
Sorsogon, but denied ever abducting the victims in the three criminal cases
filed against him.

On January 20, 1998, a decision was rendered convicting the accused and
imposing the following penalty:

"WHEREFORE, premises considered, the Court finds accused Jose Patriarca,

Jr. alias Ka Django, alias Carlos Narra guilty beyond reasonable doubt of the
crime of Murder for the death of Alfredo Arevalo and hereby sentences him
to suffer an imprisonment of reclusion perpetua with all the accessory
provided by law and to pay the amount of P50,000.00 as civil indemnity to the
heirs of the victim Alfredo Arevalo, without subsidiary imprisonment in case
of insolvency and as regards Crim. Case No. 2665 and Crim. Case No. 2672,
for failure of the prosecution to prove the guilt of the accused beyond
reasonable doubt, said Jose Patriarca alias Carlos Narra, Ka Django, is
hereby acquitted.

"In the service of his sentence, the accused shall be given full credit of his
period of detention.

"With cost de-oficio.

"SO ORDERED."1

Hence, this appeal where accused-appellant assigns the following lone error
allegedly committed by the trial court:
THE TRIAL COURT ERRED IN FINDING ACCUSED-APPELLANT GUILTY OF
THE CRIME OF MURDER, AN OFFENSE COMMITTED IN PURSUANCE OR
IN FURTHERANCE OF REBELLION.

Accused-appellant applied for amnesty under Proclamation No. 724

amending Proclamation No. 347, dated March 25, 1994, entitled "Granting
Amnesty to Rebels, Insurgents, and All Other Persons Who Have or May Have
Committed Crimes Against Public Order, Other Crimes Committed in
Furtherance of Political Ends, and Violations of the Article of War, and
Creating a National Amnesty Commission." His application was favorably
granted by the National Amnesty Board. Attached to appellant's brief is the
Notice of Resolution of the National Amnesty Commission (NAC) dated
November 17, 1999 which states:

"Quoted below is a resolution of the National Amnesty Commission dated 22

October 1998.2

'RESOLUTION NO. D-99-8683 refers to Application No. 02125 of MR. JOSE

NARRA PATRIARCA filed with the Local Amnesty Board of Legazpi City on 18
February 1997.

'Applicant admitted joining the NPA in 1977. He served under the

Sandatahang Yunit Pampropaganda and participated in the following armed
activities:

'a) Encounter with the Philippine Army forces at Barangay Hirawon, Donsol,
Sorsogon on 14 February 1986;

'b) Encounter with elements of the Philippine Constabulary at Barangay

Godon, Donsol, Sorsogon on 15 February 1986;
'c) Encounter with the Philippine Army forces at Barangay Banwang, Gurang,
Donsol, Sorsogon in 1987;

'd) Liquidation of ELMER CADAG an alleged military informer at Barangay

Boroan, Donsol, Sorsogon, on 21 March 1987, in which a case of Murder in
Criminal Case No. 2672 was filed against him before the Regional Trial Court,
Branch 52, Sorsogon, Sorsogon;

'e) Liquidation of a certain RUDY DEBORJA, a thief and nuisance of the

community, at Donsol, Sorsogon, on 09 March 1984, in which a case of
Murder in Criminal Case No. 2665 was filed against him before the Regional
Trial Court, Branch 52, Sorsogon, Sorsogon;

'f) Liquidation of a certain ALEJANDRINO MILITANTE for his misconducts at

San Antonio, Donsol, Sorsogon, on 12 February 1986, in which a case of
Murder in Criminal Case No. 2664 was filed against him before the Regional
Trial Court, Branch 52, Sorsogon, Sorsogon;

'g) Liquidation of a certain ALFREDO AREVALO, a former member of the

CHDF at Sitio Abe (sic), Mabini, Donsol, Sorsogon, on 30 June 1987, in which
a case of Murder in Criminal Case No. 2773 was filed against him before the
Regional Trial Court, Branch 52, Sorsogon, Sorsogon;

'h) Liquidation of one DOMINGO DONQUILLO, a barangay captain, at

Barangay Tinanogan, Donsol, Sorsogon, on 20 September 1986 in which a
(sic) Criminal Case No. 2663 was filed against him.

'After a careful verification and evaluation on (sic) the claims of the applicant,
the Local Amnesty Board concluded that his activities were done in the
pursuit of his political beliefs. It thus recommended on 20 May 1998 the grant
of his application for amnesty.
'The Commission, in its deliberation on the application on 22 October 1999,
resolved to approve the recommendation of the Local Amnesty Board.

'WHEREFORE, the application for amnesty of MR. JOSE NARRA PATRIARCA

under Proclamation No. 724 is hereby GRANTED for rebellion constituted by
the acts detailed above, provided they were committed on or before the date
he was captured on 22 June 1988. Let a Certificate of Amnesty be issued in
his favor as soon as this Resolution becomes final. It shall become final after
the lapse of fifteen (15) calendar days from receipt of this Notice, unless a
Motion for Reconsideration is filed with the Commission by any party within
said period.'"3

On March 9, 2000, Hon. Alfredo F. Tadiar, Chairman of the National Amnesty

Commission, wrote the following letter to the Provincial Prosecutor of
Sorsogon, Sorsogon:

"Notice of Amnesty Grant to Jose N. Patriarca"

"Pursuant to NAC Action No. 95-358-C, we are transmitting herewith the

attached copy of RESOLUTION NO. D-99-8683 granting amnesty to JOSE N.
PATRIARCA. The grantee was accused of the following cases:

"1. Murder in Criminal Case No. 2672 filed before the Regional Trial Court,
Branch 52, Sorsogon, Sorsogon.

"2. Murder in Criminal Case No. 2665 filed before the Regional Trial Court,
Branch 52, Sorsogon, Sorsogon.

"3. Murder in Criminal Case No. 2664 filed before the Regional Trial Court,
Branch 52, Sorsogon, Sorsogon.
"4. Murder in Criminal Case No. 2773 filed before the Regional Trial Court,
Branch 52, Sorsogon, Sorsogon.

"5. Murder in Criminal Case No. 2663 filed before the Regional Trial Court,
Branch 52, Sorsogon, Sorsogon.

"He is currently detained at the Provincial Jail, Sorsogon, Sorsogon.

"The purpose of this transmittal is to provide you, as the chief prosecutor of

the province, the opportunity to take whatever action you may deem
appropriate from receipt of this note. This grant of amnesty shall become
final after the lapse of fifteen (15) calendar days from receipt of this Notice,
unless a Motion for Reconsideration is filed with the Commission by any
party within said period.

"Thank you for your continued support for the Peace Process."4

The Office of the Solicitor General, in its letter dated June 23, 2000 to the
National Amnesty Commission, requested information as to whether or not a
motion for reconsideration was filed by any party, and the action, if there
was any, taken by the NAC.5

In his reply dated June 28, 2000, NAC Chairman Tadiar wrote, among other
things, that there has been no motion for reconsideration filed by any party.6

Accused-appellant Jose N. Patriarca, Jr. was granted amnesty under

Proclamation No. 724 dated May 17, 1996. It amended Proclamation No. 347
dated March 25, 1994.

Section 1 of Proclamation No. 724 reads thus:

"Section 1. Grant of Amnesty. - Amnesty is hereby granted to all persons
who shall apply therefor and who have or may have committed crimes, on or
before June 1, 1995, in pursuit of their political beliefs, whether punishable
under the Revised Penal Code or special laws, including but not limited to the
following: rebellion or insurrection; coup d'etat; conspiracy and proposal to
commit rebellion, insurrection, or coup d'etat; disloyalty of public officers or
employees; inciting to rebellion or insurrection; sedition; conspiracy to
commit sedition; inciting to sedition; illegal assembly; illegal association;
direct assault; indirect assault; resistance and disobedience to a person in
authority or agents of such person; tumults and other disturbances of public
order; unlawful use of means of publication and unlawful utterances; alarms
and scandals; illegal possession of firearms, ammunitions, and explosives,
committed in furtherance of, incident to, or in connection with the crimes of
rebellion and insurrection; and violations of Articles 59 (desertion), 62
(absence without leave), 67 (mutiny or sedition), 68 (failure to suppress
mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer
and gentleman), and 97 (general article) of the Articles of War; Provided,
That the amnesty shall not cover crimes against chastity and other crimes
for personal ends."

Amnesty commonly denotes a general pardon to rebels for their treason or

other high political offenses, or the forgiveness which one sovereign grants
to the subjects of another, who have offended, by some breach, the law of
nations.7 Amnesty looks backward, and abolishes and puts into oblivion, the
offense itself; it so overlooks and obliterates the offense with which he is
charged, that the person released by amnesty stands before the law
precisely as though he had committed no offense.8

Paragraph 3 of Article 89 of the Revised Penal Code provides that criminal

liability is totally extinguished by amnesty, which completely extinguishes the
penalty and all its effects.

In the case of People vs. Casido,9 the difference between pardon and
amnesty is given:

"Pardon is granted by the Chief Executive and as such it is a private act

which must be pleaded and proved by the person pardoned, because the
courts take no notice thereof; while amnesty by Proclamation of the Chief
Executive with the concurrence of Congress, is a public act of which the
courts should take judicial notice. Pardon is granted to one after conviction;
while amnesty is granted to classes of persons or communities who may be
guilty of political offenses, generally before or after the institution of the
criminal prosecution and sometimes after conviction. Pardon looks forward
and relieves the offender from the consequences of an offense of which he
has been convicted, that is, it abolishes or forgives the punishment, and for
that reason it does 'not work the restoration of the rights to hold public
office, or the right of suffrage, unless such rights be expressly restored by
the terms of the pardon,' and it 'in no case exempts the culprit from the
payment of the civil indemnity imposed upon him by the sentence' (Article 36,
Revised Penal Code). While amnesty looks backward and abolishes and puts
into oblivion the offense itself, it so overlooks and obliterates the offense
with which he is charged that the person released by amnesty stands before
the law precisely as though he had committed no offense."

This Court takes judicial notice of the grant of amnesty upon

accused-appellant Jose N. Patriarca, Jr. Once granted, it is binding and
effective. It serves to put an end to the appeal.10

WHEREFORE, IN VIEW OF THE FOREGOING, the decision of the Regional

Trial Court at Sorsogon, Sorsogon, Branch 52 in Criminal Case No. 2773 is
REVERSED and SET ASIDE. Accused-appellant Jose N. Patriarca, Jr. is
hereby ACQUITTED of the crime of murder.

Pursuant to Resolution No. D-99-8683,11Criminal Case Nos. 2663 and 2664,

which are both filed in the Regional Trial Court, Branch 53, Sorsogon,
Sorsogon,12 are ordered DISMISSED. The release of Jose N. Patriarca who is
presently detained at the Provincial Jail of Sorsogon is likewise ORDERED
unless he is being detained for some other legal cause.

The Director of Prisons is ordered to report within ten (10) days his
compliance with this decision.

SO ORDERED.
Bellosillo, (Chairman), Mendoza, Quisumbing, and De Leon, Jr., JJ., concur.

Footnotes

1Rollo, p. 56.

2 Per Notice of Correction of the NAC dated March 1, 2000 the date
reflected in the Notice of Resolution of November 17, 1999 was corrected to
October 22, 1999.

3Rollo, pp. 58-59.

4Ibid., p. 63.

5Ibid., pp. 69-70.

6Ibid., p. 89.

7 202 SCRA 844, 867 [1991].

8 Barrioquinto, et al. vs.Fernandez, et al., 82 Phil. 642 [1949].

9 269 SCRA 360 [1997].

10 People vs.Crisola, 128 SCRA 1 [1984].

11 In the decision rendered by the trial court on January 20, 1998,

accused-appellant had already been acquitted in Criminal Case Nos. 2665
and 2672 for failure of the prosecution to prove accused's guilt beyond
reasonable doubt.

12 See letter of Judge Honesto A. Villamor of the Regional Trial Court at

Sorsogon, Sorsogon, Branch 52 dated May 31, 1999; Rollo, p. 28.

Short Title

People of the Philippines vs. Jose Patriarca, Jr. @ "Ka Django"

G.R. Number

G.R. No. 135457

Date of Promulgation

September 29, 2000