People v. Patriarca, Jr.
REITERATIONFacts
The Antecedents: An Information for murder was filed against Jose Patriarca, Jr. (alias "Ka Django," "Carlos Narra," "Ka Jessie") and others for the killing of Alfredo Arevalo. The Information alleged that on June 30, 1987, the accused conspired, confederated, and mutually helped one another, armed with guns, forcibly took Alfredo Arevalo from his residence, brought him to Sitio Abre, Mabini, Donsol, Sorsogon, and with intent to kill, treachery, and evident premeditation, attacked, assaulted, and shot him, causing his death. Accused-appellant was also charged with murder for the killings of Rudy de Borja and Elmer Cadag in separate Informations. Upon arraignment, he pleaded not guilty. Joint trial was conducted. Prosecution witness Nonito Malto testified that on June 30, 1987, the accused and ten armed companions requested to rest in his house, bringing a hogtied person. Patriarca ordered the lights extinguished. Around 2:00 AM on July 1, 1987, Malto heard a gunshot, saw Patriarca holding a gun and ordering the hogtied person to lie down, then heard two more gunshots. He later learned the victim was Alfredo Arevalo. Elisa Arevalo, mother of the victim, testified that Patriarca had previously warned her son not to join the military. Her son, Alfredo, was a member of the Civilian Home Defense Force (CHDF). After being informed by her tenant that her son was abducted by the NPA led by Patriarca, she reported it to the military. Residents reported seeing her son hogtied and maltreated. A relative, Walter Ricafort, an NPA member, informed her that Patriarca killed Alfredo. Malto also confirmed this. Elisa identified the recovered skeletal remains as her son's by the briefs with his name printed on the waistband. The defense presented Jose Patriarca, Jr. and Francisco Derla, who admitted Patriarca's NPA membership but denied abducting the victims. Procedural History: The Regional Trial Court (RTC) of Sorsogon, Branch 52, convicted Jose Patriarca, Jr. of murder for the death of Alfredo Arevalo and sentenced him to reclusion perpetua. However, he was acquitted in Criminal Cases Nos. 2665 and 2672 (for the killings of Rudy de Borja and Elmer Cadag) due to the prosecution's failure to prove guilt beyond reasonable doubt. The Petition: Accused-appellant Jose Patriarca, Jr. appealed the RTC decision, assigning as error the trial court's finding of guilt for murder committed in furtherance of rebellion. He applied for amnesty under Proclamation No. 724, which was favorably granted by the National Amnesty Commission (NAC). The NAC resolution detailed his participation in various armed activities and liquidations as an NPA member, including the killing of Alfredo Arevalo, and concluded these activities were done in pursuit of his political beliefs. The Office of the Solicitor General confirmed no motion for reconsideration was filed against the amnesty grant.
Issue(s)
Whether the grant of amnesty to the accused-appellant extinguishes his criminal liability for the crime of murder. Whether the Supreme Court should take judicial notice of the grant of amnesty.
Ruling
The Supreme Court reversed and set aside the decision of the Regional Trial Court, acquitting Jose Patriarca, Jr. of the crime of murder. Criminal Cases Nos. 2663 and 2664 were ordered dismissed. The release of Jose N. Patriarca was ordered unless detained for other legal causes.
Ratio Decidendi
On the issue of amnesty: The Court held that amnesty looks backward and abolishes and puts into oblivion the offense itself, so that the person released by amnesty stands before the law precisely as though he had committed no offense. 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. The Court cited People vs. Casido to distinguish amnesty from pardon, noting that amnesty is a public act of which courts should take judicial notice, granted to classes of persons or communities guilty of political offenses, generally before or after the institution of criminal prosecution. In this case, accused-appellant Jose N. Patriarca, Jr. was granted amnesty under Proclamation No. 724, which amended Proclamation No. 347. The National Amnesty Commission favorably granted his application, finding that his admitted activities, including the liquidation of Alfredo Arevalo, were committed in pursuit of his political beliefs. The grant of amnesty is binding and effective, serving to put an end to the appeal. On the matter of judicial notice: The Court stated that it takes judicial notice of the grant of amnesty upon accused-appellant Jose N. Patriarca, Jr. Once granted, it is binding and effective and serves to put an end to the appeal. This is consistent with the nature of amnesty as a public act, as distinguished from pardon, which is a private act that must be pleaded and proved. The Court's taking judicial notice of the amnesty grant is crucial for its application in resolving the appeal.
Main Doctrine
Amnesty, being a public act granted by the sovereign with the concurrence of Congress, extinguishes criminal liability and its effects, including the penalty and civil indemnity, and stands as a valid ground for acquittal and dismissal of cases, provided the applicant qualifies under the terms of the proclamation.