People v Kulais

G.R. No. 100901| July 16, 1998| J. Panganiban

Facts:
On August 22, 1990, five Informations for kidnapping for ransom and three Informations for
kidnapping were filed before the RTC of Zamboanga.
Version of the Prosecution:
On December 12, 1988, a group of public officials from various government agencies, organized
themselves as a monitoring team to inspect government projects in Zamboanga.
On that particular day, the group headed to the Lincomo Elementary School to check on two of
its classrooms. After inspecting the same, they proceeded to the Talaga Footbridge. However, the
group was not able to reach the same because armed men pointed their guns at them. Their leader
was named Carlos Falcansatos.
They were instructed to give their belongings and walk into a mountain. They were held captives
for 54 days in the forest. The commander of the armed men made them sign ransom notes
afterwards.
On February 3, 1989, the captives were released upon receipt of the ransom money by the
captors amounting to 122,000 Php.

Version of the Defense:

On May 29, 1990, accused appellant Norma was picked up by soldiers and was then brought to a
place where a battalion was stationed. She contended that her five co-accused were already
detained in the said place. Her husband, Jaison Kulais, were likewise detained.
The defense further alleged that at the time Amlani was picked up by the military, the wife of
Kulais, she just escaped captivity of Commander Falcansantos during which she was made to
aide in doing chores.
She also alleged that some of her co-accused were also captured and was made to aide in doing
basic chores for Falcansantos before being captured by the military to go to Zamboanga City Jail.
Jaison Julais, husband of Norma, as stated, was captured by the military as well.

RTC ruling: Jaison Kulais and others are guilty of five counts of kidnapping for ransom which
has the penalty of life imprisonment.
They filed a joint notice of appeal. His other co accused, however, withdrew their appeal for
their application for amnesty. Thus, only Jaison Kulais shall remain in consideration before the
Supreme Court.
Issue: Whether Kulais is denied of due process when RTC took judicial notice of the testimony
given in another case
Ruling: SC ruled in the negative.
True, as a general rule, courts should not take judicial notice of the evidence presented in other
proceedings, even if these have been tried or are pending in the same court, or have been heard
and are actually pending before the same judge.
Having said that, we note, however, that even if the court a quo did take judicial notice of the
testimony of Lieutenant Feliciano, it did not use such testimony in deciding the cases against the
appellant. Hence, Appellant Kulais was not denied due process. His conviction was based mainly
on the positive identification made by some of the kidnap victims.
These witnesses were subjected to meticulous cross-examinations conducted by appellant's
counsel. At best, then, the trial court's mention of Lieutenant Feliciano's testimony is a decisional
surplusage which neither affected the outcome of the case nor substantially prejudiced Appellant
Kulais.
Conviction of Appellant Kulais is hereby affirmed. Penalty is modified to reclusion perpetua to
death as defined by the RPC.