SECOND DIVISION
PEOPLE OF
THE PHILIPPINES, plaintiff-appellee,
vs.
QUISUMBING,
J.:
Facts:
Dano brothers had a previous misunderstanding over the
purchase of a horse from his cousin on installment basis. Emeterio wanted to
buy the horse, but appellant bought it ahead of him, which caused the former to
resent him.
On March 16, 1994, at 6:30 in the evening, Wilfredo Tapian
(Prosecutir’s witness) saw the victim pacing back and forth in appellant’s
front yard and armed with a scythe, shouting at appellant, who was looking out
of his window to come down so they could fight to the death. (“Kanaog diri
kay magkamatay ta.”) Wilfredo tried to pacify the victim who kept repeating
his challenge while striking his scythe on the ground but he was ignored. Appellant
also advised his younger brother to go home, but the
latter refused to listen. Suddenly, Emeterio leaped at appellant who was
standing with his head out of the window and
slashed appellant with his scythe but missed.
Demosthenes Peralta, the barangay captain of Tiguian, was
informed by Wilfredo and a certain Fernando Teves that the Dano brothers were
quarreling. Demosthenes went to appellant’s home to investigate. On his way, he
met appellant. The latter told Peralta he had killed Emeterio and voluntarily
surrendered to him. Demosthenes left appellant in Wilfredo’s house and
proceeded to appellant’s residence where he saw the bloody corpse of the victim
sprawled in the yard, near the stairs. He noticed that the body bore several
hacking and slashing wounds. Demosthenes fetched appellant from Wilfredo’s
house and took him to the police station.
The necropsy report established that the cause of death was
acute blood loss, secondary to multiple hacking wounds.
When interrogated by the police, appellant, without assistance
of counsel, admitted he killed his brother. The pertinent portion of his
statement, contained in the police blotter, and read into the records without
objection by the defense, reads:
“Subject admitted of killing his younger brother as the latter was
drunk and provoked him for a scythe duel right downstairs of his house that
prompted him to get his scythe and come down from his house and allegedly boxed
first his brother and subsequently hacked several times as he was already
commanded by his evil thoughts.”
Upon arraignment with the assistance of counsel the accused-appellant
pleaded not guilty to the crime charged, but the RTC of San Miguel,
Zamboanga del Sur, Branch 29 rendered its decision convicting Alberto Dano herein accused-appelant guilty
beyond reasonable doubt of murder, for the death of his brother Emeterio Dano,
and imposing upon him the penalty of reclusion perpetua with qualifying
aggravating circumstances of evident premeditation and treachery.
Issue:
WHETHER OR NOT THE TRIAL COURT
ERRED IN ADMITTING THE EXTRAJUDICIAL CONFESSION OF THE ACCUSED-APPELLANT AND IN
ADMITTING “EXHIBIT E” AS BASIS OF CONVICTION OF THE CRIME CHARGED
Ruling:
The court averred that the
constitutional right of the appellant was violated.
A person under investigation for the commission of an offense
is guaranteed the following rights by the Constitution: (1) the right to remain
silent; (2) the right to have competent and independent counsel of his own
choice, and to be provided one if he cannot afford the services of counsel; and
(3) the right to be informed of these rights. These rights “cannot be waived
except in writing and in the presence of counsel.” A confession to be
admissible must satisfy the following requirements: (1) the confession must be
voluntary; (2) the confession must be made with the assistance of competent and
independent counsel; (3) the confession must be express; and (4) the confession
must be in writing. In convicting the accused of the offense charged,
The trial court erred when it relied on the supposed
extrajudicial confession of appellant in the police blotter. Extrajudicial
confessions must conform to the requirements of the Constitution. A suspect’s
confession, whether verbal or non-verbal, when taken without the assistance of
counsel without a valid waiver of such assistance regardless of the absence of
coercion or the fact that it had been voluntarily given, is inadmissible in
evidence, even if appellant’s confession were gospel truth.
It was also error for the trial court to have considered and
relied on the questioned entry in the police blotter, given the failure of the
prosecution to offer it in evidence. Evidence which has not been formally
offered cannot be considered by courts. There is valid reason, therefore, to
strike down the lower court’s reliance on the assailed police blotter entry in
convicting appellant.
All these, however, do not suffice to acquit appellant of the
offense charged. Appellant admitted killing the victim before the barangay
captain, who is neither a police officer nor a law enforcement agent. Such
admission, even if done without the assistance of a lawyer, is not in violation
of appellant’s constitutional rights. The constitutional requirements on
custodial investigation do not apply to spontaneous statements made in a
voluntary manner whereby appellant orally admitted authorship of the crime.
What the Constitution proscribes is the compulsory or coercive disclosure of
incriminating facts.
The court modifies the decision of the trial court and
renders the accused-appellant guilty beyond reasonable doubt from Murder to
Homicide considering the two mitigating circumstances (1) that sufficient
provocation or threat on the part of the offended party immediately preceded
the killing, and (2) that appellant voluntarily surrendered himself to a person
in authority or his agents. The record is categorical that appellant
surrendered to the barangay captain of Tiguian after the incident. A barangay leader
is a person in authority and sentenced to suffer an indeterminate prison term
of four (4) years, two (2) months, and one (1) day of prision correcional
as minimum to eight (8) years and twenty (20) days of prision mayor as
maximum, and to pay the heirs of Emeterio Dano P50,000.00 as indemnity for his
death and P3,000.00 for burial expenses.
SECOND DIVISION
PEOPLE OF THE
PHILIPPINES, plaintiff-appellee,
vs.
VICENTE VALLA, accused-appellant.
Scnc-m
D E C I S I O N
QUISUMBING, J.:
FACTS:
An appeal of the decision of the RTC of Gumaca, Quezon, Branch
62, convicting appellant of the crime of rape with homicide, imposing upon him
the penalty of reclusion perpetua, and ordering him to pay the heirs of
the victim the amount of P50,000.00 as indemnity and P30,000.00 as actual and
moral damages.
Appellant was 28 years old, married, cousin of the victim. The
victim was an eight (8) year-old girl, Dyesebel "Gigi" de la Cruz,
who was reported missing and the following day found raped and strangled to
death near the riverbank of the Tayuman river in Quezon province.
On April 14, 1991, at around nine o’clock in the morning, Myra
Pines, a twelve-year old girl, was passing by the ricefield near the road
located at Barangay Ilayang Tayuman in the Municipality of San Francisco,
Quezon Province she heard a voice coming from the direction of the forested
area of the place and it seemed to her that someone was being strangled.
Listening closely, she recognized the voice as belonging to her friend and
playmate, Dyesebel de la Cruz. Frightened at the thought that Dyesebel was being
strangled, Myra scampered and proceeded to the crossing where she was
originally headed for.
Later that day, at around four o’clock in the afternoon,
Barangay Captain Aristeo Allarey of Barangay Ilayang Tayuman was visited in his
house by Mila de la Cruz, Dyesebel’s mother, who reported that her daughter was
missing. Allarey sought the assistance of his constituents and organized a
search party.
Barangay Captain Allarey learned from Gonzalo de la Cruz that,
earlier, Dyesebel was in the company of accused-appellant Vicente Valla, and
that both of them were tasked to watch the ricefield. They went to the
ricefield but appellant was not there. Allarey learned from a barangay tanod
that appellant was drinking liquor in the house of a friend within the same barangay.
He summoned appellant but the latter failed to immediately report to him.
On the following day, at around 11:00 o’clock in the morning,
they finally found Dyesebel. Her body was found near the river with her neck
blackened and her vagina bloodied. She was still wearing her dress but her
panty had been pulled down to her mid-thigh.
Allarey and his companions immediately confronted appellant who,
out of remorse, admitted that he raped and killed Dyesebel. Thereafter, he
addressed Dyesebel’s father, in the presence of Allarey and company, offering
his own daughter in payment of Dyesebel’s life which he took and begged for
forgiveness. De la Cruz told appellant that he cannot accept appellant’s daughter.
Dyesebel’s body was brought to the Bondoc Peninsula District
Hospital in Catanauan, Quezon, where an autopsy was performed. Dyesebel’s skull
bore a depression on the left temporal area which resulted from being struck
with a hard object. Her pubic area bore blisters brought about by a contact
with a lighted cigarette. Her hymen bore several lacerations indicative of
repeated rape before and possibly, after she was killed.
Upon arraignment, appellant, duly assisted by counsel, entered a
plea of not guilty to the crime charged.
The prosecution presented the following witnesses: (1) Myra
Pines, the victim’s 12 year-old playmate, who heard the victim’s cries as she
was being strangled, but became afraid and went home instead; (2) Aristeo
Allarey, the Barangay Captain of Ilayang, Tayuman, San Francisco, Quezon, who
organized a search party upon report of the mother that her daughter was
missing, and before whom, appellant admitted that he raped and killed the
victim, and even offered his (appellant’s) daughter in return; (3) Gonzalo de
la Cruz, father of the victim, who took part in the search party, and who
witnessed appellant’s confession to the commission of the crime; (4) Reynaldo
Merle, Barangay Tanod of Barangay Ilayang, Tayuman, San Francisco, Quezon,
another member of the search party; (5) Bayani Samadan, Kagawad of the
Barangay, also a member of the search party; (6) Rodolfo Rosales, police
investigator of San Francisco, Quezon, Philippine National Police; (7) Dr.
Araceli R. Madatu, Senior Resident Physician of Bondoc Peninsula District
Hospital, Catanauan, Quezon, who testified that when the cadaver was brought
for examination, it was in cadaveric rigidity, the legs were spread like a
woman about to give birth ("parang nanganganak"), the tongue sticking
out ("nakalawit), the skull crushed ("basag"), and the pubic
area had blisters resulting from cigarette burns, ("pinagpapaso ng
sigarilyo"), and the vagina had a laceration up to the anus, evidencing
that the child was raped.
In addition to the oral evidence, the prosecution offered as
documentary evidence the sworn statements of Barangay Captain Aristeo Allarey
and Gonzalo de la Cruz, the Criminal Complaints filed with the Municipal Trial
Court of San Francisco, San Andres, Quezon, and the Medico-legal Certificate
signed by Dr. Madatu.
On the other hand, the defense presented as its witnesses (1)
appellant himself who bluntly denied any participation in the rape/killing of
the victim, or that he made any confessions to the barangay captain; he
interposed the defense of alibi that at the time of the alleged rape/killing,
he was at his house in Barangay Ilayang Tayuman, San Francisco, Quezon together
with his wife, their child and his brother, caring for his sick child, and (2)
his father Emilio Valla, who corroborated his story. The defense offered no
documentary evidence.
On March 29, 1993, the trial court rendered a decision finding
appellant guilty of the crime of "rape with homicide,” sentencing him to
suffer an imprisonment of RECLUSION PERPETUA.
Appellant claims that the testimony of prosecution witness
Allarey was inconsistent since on direct examination, Allarey narrated that
when he summoned appellant, the latter did not immediately appear, but on
cross-examination, he said that appellant immediately reported to him. Appellant
also contends that Merle’s testimony that appellant was "tulala" at
the time he confessed to the commission of the crime was inconsistent with
appellant’s alleged begging for forgiveness for the crime.
ISSUE”
WHETHER OR NOT THE INCONSISTENCY OF TESTIMONIES
AFFECTS THE CREDIBILITY OF THE WITNESSES.
RULING:
In this case, the trial court gave full faith and credence to
the testimonies of the prosecution witnesses. The alleged inconsistencies are
too minor and insignificant to destroy the credibility of said prosecution
witnesses, particularly where the testimonies of all the prosecution witnesses
are consistent and compatible with each other on material points. Anent the
defense of alibi, the OSG points out that appellant’s house is located within
the same barangay where the incident took place, therefore there is no physical
impossibility regarding his commission of the crime.
Inconsistencies in the testimony of witnesses when referring
only to minor details and collateral matters do not affect the substance of
their declaration, their veracity, or the weight of their testimony. Although
there may be inconsistencies on minor details, the same do not impair the
credibility of the witnesses where there is consistency in relating the
principal occurrence and positive identification of the assailants. In fact,
some minor inconsistencies could show that the witness was not previously
coached so as to tailor his testimony, and thus they serve as badges of
credibility.
In this case, the fact of the crime was sufficiently proven
through the testimonies by witnesses such as Myra Pines, who heard the cries of
the victim, and the other members of the search party who found the body of the
victim, and witnessed the confession of the appellant, as well as documentary
evidence presented during trial such as the medico-legal certificate (Exhibit
"D") attesting that the victim had been raped and killed.
Appellant’s defense of denial and alibi is likewise riddled with
glaring inconsistencies. During his testimony, he claimed that on the night of
the incident, he was at home with his wife and brother, taking care of his sick
child, and emphatically declared that nobody else was with them. However,
appellant’s father testified that he was also with appellant at the time of the
incident, creating a doubt regarding his alibi. Although appellant’s father
initially denied knowing the victim, he later admitted that he knew her as the
daughter of Gonzalo de la Cruz. Evidently, appellant’s defense was fabricated
in a desperate attempt to exculpate him.
The decision of the Regional Trial Court of Gumaca, Quezon,
Branch 62 is AFFIRMED with MODIFICATIONS. Appellant VICENTE VALLA was sentenced
to reclusion perpetua and ordered to pay the heirs of the victim the
amount of P100,000.00 as civil indemnity, P50,000.00 as moral damages, and P20,000.00
as exemplary damages.
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