People v. Famon

Robert Te was murdered. A suspect Famon was arrested and confessed to the crime incriminating Dulang and Feras. According to him, in his affidavit, sworn before a Judge, he was hired by Dulang and Feras to kill Te.

Issue: What is the effect of Famon's confession? Is the confession made by Famon binding on Dulang and Feras?

Held:The court held Fortunato Pamon’s extrajudicial confession was voluntarily given in the presence and with the assistance of counsel thus, it affirmed his conviction. A confession constitutes an evidence of high order since it is supported by the strong presumption that no person of normal mind would deliberately and knowingly confess to a crime unless prompted by truth and his conscience. A confession is admissible until the accused successfully proves that it was given as a result of violence, intimidation, threat, or promise of reward of leniency.
There were several chances to deny the voluntariness of his confession. First, when he and atty. Rubencio Ligorio conferred; second, when he subscribed the confession before Judge Vicente Aseneiro on March 20, 1987; and third, when he was before the investigating officer on March 23, 1987. In the last instance, instead of repudiating his confession, he reaffirmed it.
The high court however, reversed and set aside Gerson Dulang’s conviction for the reason that Fortunato Pamon’s extrajudicial confession alone cannot be made the basis for the conviction.
The acquittal of Gerson Dulang was based on the finding that there was no evidence to establish the culpability of Dulang in the commission on the crime except the extrajudicial confession of Pamon.
Applying the Res inter alios acta alteri noceri non debet, the court said: the rights if a party cannot be prejudiced by an act, declaration, or omission of another. An extrajudicial confession is binding only upon the confessant and is not admissible against his co-accused. This is so because the co-accused has no opportunity to cross-examine the confessant and thus, as against him, the confession is hearsay.