Professional Documents
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Batch 4 Compilation FINAL
Batch 4 Compilation FINAL
not stand for there were no other evidence linking him of the crime
charge.
G.R. No. 110290 – January 25, 1995
Issue: W/N the Extrajudicial confession of the respondent should be
Facts: considered by the court at the case at bar as an admissible evidence?
There were five separate information filed with the court wherein Ruling: No
the accused were charged with Murder, Frustrated Murder and
Attempted Murder. The crime resulted to the death of Dr. Confession is an acknowledgement in express terms by the party in
Napoleon Bayquen and Anna Francisco, and the wounding of a criminal case of his guilt of the crime charged, while an
Anthony Bayquen, Dominic Bayquen and Danny Ancheta. admission is a statement by the accused, direct or implied, of facts
The information in the murder case charged that the accused acted pertinent to the issue, and tending, in connection with proof of
in conspiracy and alleged the presence of treachery and evident other facts, to prove his guilt.
premeditation as aggravating circumstances. Admission is something less than a confession. It tends only to
Respondents, pleaded not guilty establish ultimate facts.
The Trial Court acquitted the accused on the frustrated and Nothing in the extrajudicial statement of the respondent indicates
attempted murder charges due to insufficiency of evidence but that he expressly acknowledge his guilt, he merely admitted some
convicted him as guilty for two counts of murder. facts or circumstances which in themselves are insufficient to
The conviction of the Trial court was base on the extrajudicial authorize a conviction and which can only tend to establish the
confession made by the respondent with the city Fiscal. ultimate facts of guilt.
The respondent insist that his extrajudicial confession was taken in
Order of the Lower Court was reversed.
violation of his rights under Section 11 Article III if the
constitution. He argues that the lawyer who assisted him was not of
Confession or admission obtained in violation of the constitution
his own choice but was foisted upon him by the city Fiscal, and
shell be inadmissible in evidence.
that it was only conferred with him in English and tagalog
Respondent’s extrajudicial statement is inadmissible in evidence
although he only understood only Ilocano. Also he mentioned that
because it was obtained in violation of Section 12 Article II of the
the lawyer who assisted him was a law partner of the private
constitution. Since it was only evidence which links him to the
prosecutor and had only conferred to him briefly and when he was
crime of which he was convicted, he must then be acquitted.
interrogated by the fiscal, the later was with his military escorts.
Respondent asserts that the lawyer who assist the suspect under
custodial investigation should be of the latters choice and not
foisted on him by police investigators or other parties, and that Tuazon v. Court of Appeals
there were doubts on the voluntariness of his extrajudicial (G.R. No. 113779-80, February 23, 1995)
confession and it was inadmissible, and that his conviction should
FACTS: Madarog, Cipriana Torres‘ maid, was often left alone in Cipriana‘s
house. The incident happened when somebody pretended to buy ice in their
residence. When Madarog was about to hand over the ice to the buyer, one left in the skin by a new connective tissue that replaces tissue injured. On
of the robbers jumped in the house and pointed a gun on Jovina. Four of the the other hand, a mole is a small often pigmented spot or protuberance on
assailants then went inside the house and demanded the keys to the car and the skin.
vault. Petitioner Ochoa was their lookout. While ransacking the house, they Second, the court resulted to wild guess work when it mentioned that Ochoa
were able to find the keys to the car as well as valuable items. They then could have covered up the scar to make it look like a mole. This is a grave
escaped using Cipriana‘s car. Madarog then cried for help and the error. The trial court cannot convict petitioner on the basis of a deduction
neighbours, Quintal and Garcia responded and told Cipriana what that is irrational because it is not derived from an established fact. The
happened. Cipriana then reported the robbery to the police. Madarog and records do not show any fact from which the trial court can logically deduce
Quintal described the features of the robbers to the NBI. Subsequently, the conclusion that petitioner covered up his scar with black coloring to
Ochoa was then arrested and was pointed by Madarog and other witnesses make it appear as a mole. And thirdly, corroborating witness Barbieto has
namely Quintal and Barbietoas one of the perpetrators. Quintal says that she serious lapses in her testimony that diluted her credibility. she and Quintal
saw petitioner allegedly among the three (3) men whiling away their time in merely testified they saw petitioner within the vicinity where the crimes
front of Alabang's store some time before the crimes were committed. were committed. By itself, this circumstance cannot lead to the conclusion
Quintal is a neighbouring maid. Barbieto likewise declared that she saw that petitioner truly committed the crimes at bench. Petitioner, we note,
petitioner allegedly with several companions standing-by at Torres' house lives in the same vicinity as the victim. To use his words, he lives some six
that morning of July 19, 1988. She is a teacher and lives within the block (6) posts from the house of Torres. His presence in the said vicinity is thus
where the crimes were committed. Ochoa anchored his defence on alibi and not unnatural. The respondent appellate court, however, dismissed this
insufficiency of identification by the prosecution. The court however claim of petitioner as self-serving. Again, the ruling misconstrues the
rendered a decision convicting Ochoa. CA affirmed. meaning of self-serving evidence. Self-serving evidence is not to be literally
taken as evidence that serves one's selfish interest. Under our law of
ISSUE: Whether the court erred in convicting Ochoa based on evidence, self-serving evidence is one made by a party out of court at one
thewitnesses? time; it does not include a party's testimony as a witness in court. It is
excluded on the same ground as any hearsay evidence, that is the lack of
HELD: No. evidence to be believed, must proceed not only from the mouth opportunity for cross-examination by the adverse party, and on the
of a credible witness but the same must be credible in itself. The trial court consideration that its admission would open the door to fraud and to
and respondent appellate court relied mainly on the testimony of fabrication of testimony.
prosecution witness Madaraog that from her vantage position near the door
of the bedroom she clearly saw how petitioner allegedly participated in the
robbery. After a careful review of the evidence, we find that the Manuel v. N.C. Construction Supply
identification of petitioner made by Madaraog and Quintal is open to doubt G.R. No. 127553
and cannot serve as a basis for conviction of petitioner. Firstly, it must be November 28, 1997
emphasized that of the four (4) prosecution witnesses, only the maid
Madaraog actually saw petitioner in the act of committing the crimes at J. Puno
bench. Witnesses Quintal and Barbieto testified they only saw petitioner at
the vicinity of the crimes before they happened. There is, however, a serious FACTS: Petitioners Eddie Manuel, Romeo Bana, Rogelio Pagtama, Jr. and
doubt whether Madaraog and Quintal have correctly identified petitioner. Joel Rea were employed as drivers at N.C. Construction Supply owned by
At the NBI headquarters, Madaraog described petitioner as 5'3" tall and private respondents Johnny Lim (Lao Ching Eng) and Anita Sy.
with a big mole between his eyebrows.As it turned out, petitioner has no
mole but only a scar between his eyes. Moreover, he is 5'8 1/2" and not 5'3" On June 3, 1995, the security guards of respondent company caught Aurelio
tall. There is a big difference between a mole and a scar. A scar is a mark Guevara, a company driver, and Jay Calso, his helper ("pahinante"), taking
out from the company premises two rolls of electrical wire worth P500.00 evidence because Section 12 of the Bill of Rights applies only to criminal
without authority. Calso was brought to the Pasig Police station for proceedings but not to administrative proceedings.
questioning. During the investigation, Calso named seven other employees
who were allegedly involved in a series of thefts, among them petitioners ISSUE: Whether the admission may be admitted in evidence
Manuel, Bana, Pagtama, Jr. and Rea.
HELD: NO. We are not convinced by petitioners' allegation that such
Petitioners then received separate notices from company informing them admission was obtained by means of threat or intimidation as such
that they were positively identified by their co-worker, Jay Calso, as allegation is couched in general terms and is unsupported by evidence.
perpetrators of the series of thefts committed at respondent company. They We also reject petitioners' argument that said admission is inadmissible as
were thus invited to the Pasig police station for investigation regarding their evidence against them under Section 12 Article III of the 1987 Constitution.
alleged involvement in the offense. The right to counsel under Section 12 of the Bill of Rights is meant to
protect a suspect in a criminal case under custodial investigation. Custodial
Atty. Ramon Reyes, private respondents' counsel conducted in their behalf investigation is the stage where the police investigation is no longer a
an investigation regarding petitioners' involvement in the theft. Atty. Reyes general inquiry into an unsolved crime but has begun to focus on a
interrogated the petitioners on their alleged participation in the series of particular suspect who had been taken into custody by the police to carry
thefts committed at respondent company. Petitioners initially denied the out a process of interrogation that lends itself to elicit incriminating
charge. However, after being positively identified by Jay Calso, petitioners statements. It is when questions are initiated by law enforcement officers
admitted their guilt and offered to resign. Petitioners Bana and Rea filed after a person has been taken into custody or otherwise deprived of his
separate resignation letters while petitioners Manuel and Pagtama, Jr. freedom of action in any significant way. The right to counsel attaches only
tendered their resignations orally. upon the start of such investigation. Therefore, the exclusionary rule under
paragraph (3) Section 12 of the Bill of Rights applies only to admissions
Atty. Reyes accepted petitioners' resignation effective June 5, 1995. On July made in a criminal investigation but not to those made in an administrative
17, 1995, petitioners filed a complaint against private respondents for illegal investigation.
dismissal. Petitioners alleged that they were not informed of the charge
against them nor were they given an opportunity to dispute the same. They In the case at bar, the admission was made by petitioners during the course
also alleged that their admission made at the Pasig police station regarding of the investigation conducted by private respondents' counsel to determine
their involvement in the theft as well as their resignation were not voluntary whether there is sufficient ground to terminate their employment.
but were obtained by private respondents' lawyer by means of threat and Petitioners were not under custodial investigation as they were not yet
intimidation. accused by the police of committing a crime. The investigation was merely
an administrative investigation conducted by the employer, not a criminal
LA ruled in favour of petitioners and found their dismissal to be illegal. He investigation. The questions were propounded by the employer's lawyer, not
held that private respondents failed to show a just cause for the termination by police officers. The fact that the investigation was conducted at the
of petitioners' services. He declared that petitioners' admission regarding police station did not necessarily put petitioners under custodial
their involvement in the theft was inadmissible in evidence as it was taken investigation as the venue of the investigation was merely incidental.
without the assistance of counsel, in violation of Section 12 of the Bill of Hence, the admissions made by petitioners during such investigation may
Rights. be used as evidence to justify their dismissal.
On appeal, the NLRC reversed and ruled that petitioners were dismissed for We likewise agree that employees were dismissed for a just cause.
a just cause. It further stated that such admission may be admitted in Petitioners' culpability in the instant case was sufficiently proved by private
respondents. Jay Calso, an employee of respondent company who has
personal knowledge about the series of thefts that has been going on at imposed upon him the penalty of imprisonment ranging from reclusion
respondent company, positively identified petitioners. In addition, temporal maximum to reclusion perpetua.
petitioners admitted their participation in the theft during an investigation
conducted by private respondents' lawyer. Salayao appealed to the Supreme Court.
However, the employer failed to observe due process in terminating the Issue:
employment of petitioners. The TWO-NOTICE requirement was not
complied with. Whether the Solayao’s admission that he had no permission to possess the
firearm is sufficient to convict him of illegal possession of firearms
People v. Solayao [GR 119220, 20 September 1996] Held:
Facts: Not being a judicial admission, said statement by accused-appellant does
not prove beyond reasonable doubt the second element of illegal possession
On 9 June 1992, CAFGU members, headed by SPO3 Nino, were of firearm that the accused who owned or possessed it does not have the
conducting an intelligence patrol to verify reports on the presence of armed corresponding license or permit to possess the same.It does not even
persons roaming around the barangays of Caibiran. In Baragay Onion, they establish a prima facie case. It merely bolsters the case for the prosecution
met the 5-man group of accused Nilo Solayao, who was also wearing a but does not stand as proof of the fact of absence or lack of a license.
camouflage uniform. His companions, upon seeing the government agents,
fled. SPO3 Niño told Salayao not to run away and introduced himself as ". . . By its very nature, an "admission is the mere acknowledgment of a fact
"PC," after which he seized the dried coconut leaves which the latter was or of circumstances from which guilt may be inferred, tending to
incriminate the speaker, but not sufficient of itself to establish his guilt." In
carrying and found wrapped in it a 49-inch long homemade firearm locally
other words it is a "statement by defendant of fact or facts pertinent to
known as "latong." When he asked Salayao who issued him a license to issues pending, in connection with proof of other facts or circumstances, to
carry said firearm or whether he was connected with the military or any prove guilt, but which is, of itself, insufficient to authorize conviction."
intelligence group, the latter answered that he had no permission to possess From the above principles, this Court can infer that an admission in criminal
the same. Thereupon, SPO3 Niño confiscated the firearm and turned him cases is insufficient to prove beyond reasonable doubt the commission of
over to the custody of the policemen of Caibiran who subsequently the crime charged.
investigated him and charged him with illegal possession of firearm.
This Court agrees with the argument of the Solicitor General that "while the
Salayao did not contest the confiscation of the shotgun but averred that this prosecution was able to establish the fact that the subject firearm was seized
was only given to him by one of his companions, Hermogenes Cenining, by the police from the possession of appellant, without the latter being able
to present any license or permit to possess the same, such fact alone is not
when it was still wrapped in coconut leaves, which they were using the
conclusive proof that he was not lawfully authorized to carry such
coconut leaves as a torch. Salayao’s claim was corroborated by one Pedro firearm. In other words, such fact does not relieve the prosecution from its
Balano. duty to establish the lack of a license or permit to carry the firearm by clear
and convincing evidence, like a certification from the government agency
On 15 August 1994, the RTC of Naval Biliran (Branch 16) found Salayao concerned."[24]
guilty of illegal possession of firearm under Section 1 of PD 1866 and
Putting it differently, "when a negative is averred in a pleading, or a forensics chemist who tested and confirmed that substance found
plaintiff's case depends upon the establishment of a negative, and the means in the accused possession is indeed shabu.
of proving the fact are equally within the control of each party, then the Accused: submitted that without the testimony of NBI Forensic
burden of proof is upon the party averring the negative." [25]
Chemist, the prosecutions case "falls to pieces."
In this case, a certification from the Firearms and Explosives Unit of Accused: Bravo’s testimony cannot be waived since only he could
the Philippine National Police that accused-appellant was not a licensee of a say whether the substance allegedly seized is indeed shabu, and
firearm of any kind or caliber would have sufficed for the prosecution to also determine its actual weight upon which depends the penalty to
prove beyond reasonable doubt the second element of the crime of illegal
be imposed. Thus, whatever he said in his report is hearsay and
possession of firearm.
hearsay evidence, whether objected to or not, has no probative
value.
Accused: insisted that at the pretrial he did not waive the
G.R. No. 128046. March 7, 2000
testimony of the chemist but only "stipulated on the markings of
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMON
CHUA UY, accused-appellant. the prosecutions evidence interposed the defense of frame-up and
DAVIDE, JR., C.J.: alleged that the evidence was merely ‘planted.’
OSG: argued that Bravo’s finding that the drugs seized from
Facts: RAMON were indeed the regulated methampethamine
hydrochloride or shabu, is not hearsay. Bravo did not testify
Accused-appellant Chua Uy was guilty of violating Sections 15
anymore because the parties agreed during the pre-trial to dispense
and 16 of Article III, R.A. No. 6425,as amended, for the illegal
with his testimony. RAMON never objected to the order. Neither
sale of 5.8564 grams of methamphetamine hydrochloride or
did he move to reconsider it. The facts thus stipulated and
"shabu," and possession of 401 grams of the same drug
incorporated in the pre-trial order bound him. Moreover, at the trial
After obtaining a tip from an informant regarding the accused RAMON never raised the question of the non-presentation of the
illegal activity a team from the Anti-Narcotics Division planned an forensic chemist; what his counsel objected to was with respect to
entrapment operation where one of the police officers will act as a the presentation and identification of the shabu wherein defense
poseur-buyer. The sale was consummated and the police yielded objected to the irregular act of showing the confiscated drug to
more packets of shabu from the attaché case of the Chua. SPO1 Nepomuceno without laying the basis therefore. The defense
Chua was arrested and brought to the police station. Subsequent counsel did not also object to the direct examination of SPO4
search in his house yielded more packets of the illegal substance. Regalado concerning the whereabouts and identification of the
subject shabu.
Issue: Did the trial court err in giving credence to the testimony of the
prosecution witnesses and in disregarding the evidence for the defense? Ratio:
Held: No. It may at once be noted that neither Chua nor his counsel made
express admission that the contents of the plastic bags to "be marked" as
Trial Court: gave credence to the prosecution’s evidence and
testimony of witnesses despite the non-presentation of the NBI
Exhibits "D," "D-1," "D-2," "D-3," "D-4," and "E" contain
methamphetamine hydrochloride.
People v. Cepeda
That Chua agreed to dispense with the testimony of Forensic G.R. No. 124832 | February 1, 2000
Chemist Bravo may not be considered an admission of the findings of Ynares-Santiago, J.:
Bravo on the contents of the plastic bag. Strictly, from the tenor of the
Nature
portion of the Joint Order, it is clear that Chua and his counsel merely Appeal from a decision of the RTC
agreed to the marking of the exhibits, and the clause "thereby dispensing
with the testimony of forensic Chemist Loreto E. Bravo" must be Facts:
understood in that context. 1. Conchita Mahomoc went to the PNP Station to complain that she
was raped by Dante Cepeda (signed her complaint the day after)
Even if Chua admitted during the pre-trial the abovementioned 2. She claims that 2 days prior, in the afternoon, Dante Cepeda went
Exhibits, still, the admission cannot be used in evidence against him to her house and asked her to go to his house to massage his wife
because Chua and his counsel did not sign the Joint Order. Section 4 of who was suffering from stomach ache
3. Regina Carba, her neighbor, was in her house and she asked her to
Rule 118 of the Rules of Court expressly provides:
go with her
4. Cepeda was at his kitchen door when they reached his house
SEC. 40. Pre-trial agreements must be signed. No
a. He told Gina to leave as his wife, who was Muslim,
agreement or admission made or entered during the pre-trial would get angry if there were many many people in their
conference shall be used in evidence against the accused unless home
reduced to writing and signed and his counsel. 5. Cepeda led the complainant to his bedroom
a. At the door, Conchita peeped inside and saw a figure
To bind the accused the pre-trial order must be signed not only by covered by a blanket whom she presumed was Cepeda’s
him but his counsel as well. The purpose of this requirement is to further wife
safeguard the rights of the accused against improvident or unauthorized b. At that instance, accused immediately placed his left arm
around her shoulders and ponted a knife at the pit of her
agreements or admissions which his counsel may have entered into without
stomach saying: “Just keep quiet, do not make any noise,
his knowledge, as he may have waived his presence at the pre-trial otherwise I will kill you.”
conference; eliminate any doubt on the conformity of the accused to the c. She elbowed him, stooped and shouted “Help!”
facts agreed upon. d. But, Cepeda carried her to the room
e. There, he threatened her with a knife and ordered her to
Nevertheless, Chua cannot take advantage of the absence of his remove her pany and lie on the bed
and his counsel’s signatures on the pre-trial order. When the prosecution f. Afraid, she did as ordered and accused also removed his
formally offered in evidence what it had marked in evidence during the pre- pants and brief
trial, he did not object to the admission of Bravos Preliminary Report. g. He placed himself on top of her, spread her legs with his
legs, inserted his penis inside her vagina and had sexual
Disposition: Appealed decision of RTC was affirned. intercourse with her
h. After he was through, she ran towards the kitchen with
Cepeda chasing her
6. Regina Carba confirmed this narration of the claimant Issue:
a. Also said that Conchita had been a masseuse WON Cepeda guilty of rape
7. A certain Veronica Delmiguez declared that in the afternoon of
said date, she heard a shout for help from the house of Cepeda Held:
a. She looked and saw that the windows were closed Yes. The Supreme Court affirms the appealed decision.
8. The charge is refuted by the accused claiming that he and Conchita
are lovers 1. Court provides that Accused-appellant’s allegation of an illicit
a. He came to know her as he passes by her house in going amorous relationship is too shopworn to deserve serious
to his place of work consideration and is totally unworthy of credence. A circumspect
b. The complainant has gone to their house a couple of times scrutiny of the record discloses that the ‘illicit love affair’ angle
c. On one time, he courted her by saying: “Sing, I knew that appears as a fabrication by accused-appellant. As an affirmative
you like me and I like you.” defense, the alleged ‘love affair’ needs convincing proof. Having
i. Then they had sexual intercourse (which admitted to having had carnal knowledge of the complainant
happened several times) several times, accused-appellant bears the burden of proving his
d. On a certain day, she asked him to leave his wife to elope defense by substantial evidence. The record shows that other than
with her as she would also leave her husband his self-serving assertions, there is no evidence to support the
i. He rejected this proposal because he loved his claim that accused-appellant and private complainant were in love.
wife and Conchita had 3 daughters 2. It must be noted that accused-appellant and private complainant
ii. Conchita, according to him, was displeased are both married and are living together with their respective
because he would not elope with her spouses. In this case, other than accused-appellant’s self-serving
e. On the day when it was alleged that complainant was testimony, no other evidence like love letters, mementos or
raped, he alleged that Conchita again came to his house pictures were presented to prove his alleged amorous relationship
and while they were petting, somebody outside his house with private complainant. Neither was there any corroborative
said: “You there, what are you doing?” testimony supporting this pretended illicit affair. If accused-
i. At this Conchita left his house and went home appellant were really the paramour of private complainant, she
ii. In the evening, he was arrested would not have gone to the extent of bringing this criminal action
9. The accused’s wife, Dory Cepeda, testified that indeed the which inevitably exposed her to humiliation of recounting in
complainant has gone to their house several times public the violation of her womanhood. Moreover, she would not
10. Trial Court Decision have implicated a person, who is allegedly her lover, as the
a. Rendered judgment against accused Dante Cepeda perpetrator of an abominable crime and thereby lay open their
11. Insisting on his innocence, accused claims in his defense that he illicit relationship to public shame and ridicule not to mention the
and private complainant were carrying on an adulterous love affair ire of a cuckolded husband and the withering contempt of her
a. Per him, his request to private complainant that the latter children were it not the truth.
massage his allegedly ill wife is a pre-arranged lie 3. Evidence to be believed must not only come from a credible source
between the accused and private complainant in order to but must also be credible in itself such as one that the common
mislead Regina Carba experience and observation of mankind can approve as probable
b. He asserts that the charge of rape was a contrivance or an under the circumstances. The Court has taken judicial cognizance
afterthought rather that a truthful plaint of redress of an of the fact that in rural areas in this country, women by custom and
actual wrong tradition act with circumspection and prudence, and that great
caution is observed so that their reputation remains untainted. Such
circumspection must have prompted the victim to request Regina tale of ravishment and, in the process, subject herself and her
Carba to accompany her on the errand of mercy to accused- family to the disgrace, social humiliation and trauma attendant to a
appellant’s house. Unfortunately, Carba was shooed away by prosecution for rape as well as the stigma of a lifetime of shame
accused-appellant on the pretext that his wife who was a Muslim incident thereto. Furthermore, the conduct of the victim
was averse to having too many people in their house. immediately following the alleged assault is of utmost importance
4. Even assuming ex gratia argumenti that acused-appellant and so as to establish thetruth or falsity of the charges of rape. In this
private complainant were indeed sweethearts as he claims, this fact case, we find the private complainant’s prompt report of her
alone will not extricate him from his predicament. The mere defilement to her husband as well as the authorities as convincing
assertion of a love relationship’ would not necessarily rule out the indications that she has been truly wronged. A complainant’s act
use of force to consummate the crime. It must be stressed that in in immediately reporting the commission of rape has been
rape cases, the gravamen of the offense is sexual intercourse with a considered by this Court as a factor strengthening her credibility.
woman against her will or without her consent. Thus, granting
arguendo that the accused and the victim were really lovers this
Court has reiterated time and again that “[A] sweetheart cannot be
forced to have sex against her will. Definitely, a man cannot
demand sexual-gratification from a fiancee, worse, employ PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALBERTO
violence upon her on the pretext of love. Love is not a license for LASE, alias "BERT", Accused-Appellant.
lust”
5. As aptly pointed out in People v. Mendoza, a married woman with G.R. No. 97957 March 5, 1993
a husband and three (3) daughters would not publicly admit that
she had been criminally abused unless that was the truth. Similarly, DAVIDE, JR., J p:
it defies reason in this case why a mother of four (4) would
concoct a story of defloration, allow the examination of her private Nature of the Case
parts and publicly disclose that she has been sexually abused if her
motive were other than to fight for her honor and bring to justice Accused-appellant appeals the decision of the Regional Trial Court (RTC)
the person who defiled her. of Masbate convicting him of the crime of murder for the death of Dante
6. In scrutinizing the credibility of witnesses, case law has established
the following doctrinal guidelines: first, the appellate tribunal will Huelva on 18 May 1987 in Barangay Pia-ong, Dimasalang, Masbate.
not disturb the findings of the lower court unless there is a showing
that it had overlooked, misunderstood, or misapplied some fact or Facts:
circumstance of weight and substance that would have affected the
result of the case; second, the findings of the trial court pertaining Two days after the death of Dante Huelva, the Acting Station Manager of
to the credibility of witnesses are entitled to great respect and even the National Police of Masbate filed a murder case with MTCT. The Judge
finality since it had the opportunity to examine their demeanor as issued a warrant of arrest against the accused.
they testified on the witness stand; and third, a witness who
testified in a categorical, straightforward, spontaneous and frank Accused-appellant was arrested on 20 May 1987 and was released the
manner and remained consistent on cross-examination is a credible following day after posting the required bond.
witness.
7. To restate what had been said earlier, it is highly inconceivable Having failed to submit his counter-affidavit for purposes of the preliminary
visàvis the prevailing facts of the case for the victim to conjure a investigation, the MCTC considered him as having waived the second stage
of the preliminary investigation and ordered the records of the case Q. You mean that he wanted to settle this case but you
forwarded to the Office of the Provincial Fiscal of Masbate. refused?
Accused-appellant then sought a reinvestigation of the case; this request A. Yes, sir.
was consequently granted. The provincial prosecutor dismissed the
investigation for insufficiency of evidence against the accused. On appeal to Q. How much were they offering you for this case to be settled?
the Department of Justice by the offended party, however, the abovecited
A. About ten thousand."
resolution was reversed by the then Secretary of Justice.
Accused version of the incident:
On 9 November 1988, the Office of the Provincial Fiscal filed with the
Regional Trial Court (RTC) of Masbate an Information. Accused-appellant Alberto Lase testified that on May 18, 1987, at
around 5:30 in the afternoon, he was with Miguel Andueza at the
Upon being arraigned on 1 September 1989, accused-appellant entered a
house of Kagawad Marcelo Tamayo. They waited for Artemio
plea of not guilty.
Andueza who was then drunk. At around 7:00 in the evening, they
Prosecution’s Version of the Incident: were fetched by Mrs. Andueza who informed them that something
happened in Piaong.
On May 18, 1987, at about 6:30 o'clock in the evening, Domingo
(sic) Pangantihon was on his way home from Piaong, Dimasalang, The charges levelled against him is (sic) not true. In fact, after
Masbate, when appellant Alberto Lase and Ramon Sayson passed preliminary investigation by the fiscal, the case against him was
him by. At that moment, Dante Huelva was about six meters ahead dismissed. The reason why he was implicated in this case was
of them and was urinating by the roadside. Appellant proceeded because Ramon Sayson told the policeman that Dante Huelva's
directly to the back of Dante Huelva and without any warning assailant was tall and that victim's (sic) parents wanted to be paid
stabbed him once with a 7-inch long Batangas knife in the for the death of the victim."
stomach. Afterwards, appellant ran away. Dante Huelva shouted
In his surrebuttal testimony, accused-appellant vaguely denied this
for help. Ramon Sayson came to his rescue and brought him
offer of compromise. He, however, insinuated that he could offer a
towards the Poblacion.
higher amount:
In her rebuttal testimony, Godofreda Huelva testified that
Q. Mrs. Huelva testified here that you are offering in this case for
accused-appellant offered to settle the case for the sum of
P10,000, is that true. (sic).
P10,000.00.
WITNESS:
Q. Now the accused also testified that you filed this case against
him because you wanted him to be paid about (sic) the death of A. I did not say that. If that is true even P50,000 I am going to pay
the victim? them."
A. He wanted to pay me but I did not agree.
The defense also sought to discredit the testimony of Dominico be observed and respected by this Court except if there are apparent mistake
Pangantihon because it was months after the incident, and only in the interpretation or appreciation of the testiomony.
after Ramon Sayson failed to testify, that he decided to come out
and testify as an alleged eyewitness to the killing. The penalty prescribed for murder under Article 248 of the Revised Penal
Code is reclusion temporal in its maximum period to death, a penalty which
The trial court gave full credit to the version of the prosecution and consists of three (3) periods. 39 There being neither generic aggravating
disregarded the defense of alibi in view of the positive identification of the nor mitigating circumstances present, the imposable penalty is the medium
accused-appellant and the possibility of his being at the scene of the crime period of the prescribed penalty - reclusion perpetua. 40 The trial court is
at the time of its commission. therefore correct. However, conformably with the prevailing jurisprudence,
the indemnity should be increased from P30,000.00 to P50,000.00.
Issue:
WHEREFORE, except for the above observations with respect to the
Whether the accused offer to settle can be used against him? aggravating circumstance of nighttime, and the modification of the
indemnity which is hereby increased from P30,000.00 to P50,000.00, the
Held:
challenged Decision of Branch 45 of the Regional Trial Court of Masbate in
Yes Criminal Case No. 5557 finding the accused-appellant ALBERTO LASE,
alias "BERT" guilty of the crime charged, is hereby AFFIRMED.
Ratio:
4. The lower court convicted Amaca on the basis of the victim's ante
mortemstatement to Police Officer Mangubat positively identifying
accused. The dying declaration was deemed sufficient to overcome the
People vs. Amaca
accused’s defense of alibi. However, due to the voluntary desistance of the
GR No. 110129 August 11, 1997
victim's mother from further prosecuting the case, the court a quo declined
Ponente: Panganiban, J.:
to make a finding on the civil liability of the appellant.
Offer of compromise in Criminal Cases; Res Gestae
Issue: 1) Whether or not offer of compromise is admissible against the
accused
Facts:
YES. The "financial help" when viewed as an offer of compromise may be
1. Accused Amaca and another known as “Ogang” were charged for shooting
deemed as additional proof to demonstrate appellant's criminal liability. The
Wilson Vergara. During the trial, the prosecution presented Dr. Edgar
victim's mother desisted from prosecuting the case in consideration of the
Pialago, a resident physician on duty when the victim was brought to the
"financial help" extended to her family by the accused-appellant.
hospital after the shooting. The doctor testified that he was able to attend to
ISSUE: Whether or not Catalino can validly testify to the conspiracy.
It is a well-settled rule that that the desistance of the victim's complaining YES.
mother does not bar the People from prosecuting the criminal action, but it
does operate as a waiver of the right to pursue civil indemnity. Hence, in RULING:
effectively waiving her right to institute an action to enforce the civil SEC. 12. Admission by conspirator. — The act or declaration of a
liability of accused-appellant, she also waived her right to be awarded any conspirator relating to the conspiracy and during its existence, may be given
civil indemnity arising from the criminal prosecution. This waiver is in evidence against the coconspirator after the conspiracy is shown by
bolstered by the fact that neither she nor any private prosecutor in her behalf evidence other than such act or declaration.
appealed the trial court's refusal to include a finding of civil liability. But It is one of the exceptions to the "res inter alios" rule. It refers to an
the heirs, if there are any may file an independent civil action to recover extrajudicial declaration of a conspirator — not to his testimony by way of
damages for the death of Wilson Vergara. direct evidence.
For illustration, let us suppose that after the formation but before the
consummation of the alleged conspiracy between Catalino Fernandez and
his five co-accused, the former borrowed a bolo from a friend, stating that
he and his co-accused were going to kill Gaudencio Vivar. Such act and
FELICIANO B. GARDINER, as Acting Provincial Fiscal of declaration of Fernandez could not be given in evidence against his co-
Pampanga, Petitioner, v. HONORABLE PEDRO MAGSALIN, Judge accused unless the conspiracy be proven first. The testimony of
of First Instance of Pampanga, ET AL., Respondents. Fernandez’s friend to the effect that Fernandez borrowed his bolo and told
him that he (Fernandez) and his co-accused were going to kill Gaudencio
G.R. No. 48185. August 18, 1941 Vivar would be admissible against Fernandez, but not against his co-
accused unless the conspiracy between them be proven first. But, without
PETITION: Petition for the writ of mandamus to compel the respondent proof of conspiracy, it is not admissible against Fernandez’s co-accused
judge to admit the testimony of Catalino Fernandez, one of the accused, to because the act and declaration of Fernandez are res inter alios as to his
prove the alleged conspiracy between him and his five co-accused. co-accused and, therefore, cannot affect them. But if there is conspiracy,
each conspirator is privy to the acts of the others; the act of one conspirator
FACTS: Gardiner, filed an information against the Catalino Fernandez and is the act of all the coconspirators.
respondents Pedro Yalung, Eugenio Villegas, Maximo Manlapid, Magno
Icban, and Rufino Maun, charging them with having conspired together to DISPOSITION: Let the writ of mandate issue as prayed for by the
kill, and that they did kill, Gaudencio Vivar, with evident premeditation. petitioner.
Upon arraignment Catalino Fernandez pleaded guilty and his five co-
accused, not guilty. At the trial of the latter, Catalino was called by the
fiscal as his first witness, to testify to the alleged conspiracy. Upon
objection of counsel for the defense, the Respondent Judge Magsalin did
not permit the witness Catalino Fernandez to testify against his co-accused,
on the ground that he being a conspirator, his act or declaration is not People vs Condemena
admissible against his co-conspirators until the conspiracy is shown by
evidence other than such act or declaration, under section 12, rule 123 of Facts:
the Rules of Court.
On October 6, 1962, at about 6 o'clock in the afternoon, Barcelisa Lamoste
was sitting by the side of the cradle of her child facing her husband Fermin
Lamoste who was on the yard of the house. Their eldest daughter, that the accused could not have been physically present at the place of the
Esmeralda Lamoste, 14 years old at that time, was at the door of their house crime or its immediate vicinity, at the time of its commission.
together with her younger brothers and sisters. Suddenly, four men arrived
at their house. That Simplicio Aniel and Casamero Patino were armed with The positive identification of appellant Simplicio Aniel was further
guns, and Pelagio Condemena and Ricarido Causing were armed with bolos bolstered when Pelagio Condemena and Casamero Patino, in their sworn
when these four men arrived in their house on October 6, 1962, at about 6 statements Exhibits "B" and "C", named Simplicio Aniel as one of them in
o'clock in the afternoon. That upon their arrival, Simplicio Aniel rushed the group when they killed Fermin Lamoste and robbed the house of
P200.00 on October 6, 1962, at about 6:00 o'clock in the afternoon.
towards her and pointed the gun, about one foot long, at her face, telling her
the following words: "Do not shout. If you shout. I will kill you." Barcelisa
Extrajudicial confessions, independently made without collusion, which are
Lamoste, out of fear, did not in fact shout. While Simplicio Aniel was thus identical with each other in their essential details and are corroborated by
pointing the gun at her, the three other men went directly towards where her other evidence on record, are admissible as circumstantial evidence against
husband was. Two of them, Casamero Patino and Ricarido Causing, each the person implicated to show the probability of the latter's actual
held the hands of her husband and when resistance from Fermin Lamoste participation in the commission of the crime. As this Court has said:
was already impossible, Pelagio Condemena, with the use of his bolo,
stabbed her husband on the right side of the breast. Upon being hit with the While confession of a co-conspirator are not ordinarily admissible
bolo-stab, she heard her husband said: "Dong, why did you stab me when I as evidence against another co-conspirator, the fact that they
did not commit any wrong?" After Fermin Lamoste was stabbed, Pelagio implicate the latter and were made soon after the commission of
Condemena, Ricarido Causing and Casamero Patino dragged her husband the crime, is circumstantial evidence to show the probability of
towards the kitchen of the house. Pelagio Condemena stayed outside while their co-conspirator having actually participated therein. (People
Casamero Patino and Ricarido Causing went up the house through the vs. Lumahang et al., L-6357, May 7, 1954.)
kitchen and took the amount of P200.00.
The appellant Simplicio Aniel is liable as principal because the evidence
Issue: does not show that he had attempted to prevent the assault and the killing of
Fermin Lamoste. (People vs. Garduque, et al., L-10133, July 31, 1958.)
Whether or not appellant Simplicio Aniel has been sufficiently identified as
one of the four men who participated in the commission of the crime
charged?
Held: YES.
PEOPLE vs PROVO
Well settled is the rule that the defense of alibi is weak where the GR L-28347 | January 20, 1971
prosecution witnesses positively identified the accused. To prosper such a
Ponente: J. CONCEPCION
defense, it must be established by clear and convincing evidence and not
merely supported by witnesses who bear close ties of relationship to the NATURE OF THE CASE: Petition for Review on Certiorari assailing the
accused. The degree of the evidence trust be such as to preclude any doubt CFI decision.
FACTS: with people, you will not live long”. Mesina left
On October 9 1958, MATIGNAS SERRANO,a security guard in a at 3PM
guard post in “Pisok” (a small plateau) near Clark Airfield, was Benita claimed that she gave a flashlight to her
forcibly taken by FIVE men shortly after dusk. The security guard husband just after sunset. Afterwards, Jose
was then found dead two days later in a sugarcane plantation near Mesina arrived with four other masked men, and
the post, with a broken jaw and spine. asked for a light for his cigarette from Matignas,
On December 2 1958, an Information was filed charging (1) Jose and then grabbed hold of Matignas’ rifle and
Messina, (2) Leonard David, (3) PAN PROVO, and two other John dragged him down the hill.
Does for the offense of kidnapping with murder. Benita screamed for help, and her nephew called
The prosecution presented the testimony of Armstrong, the Anastacio, who reported the kidnapping to the
superintendent of the police at CLARK AIRFIELD, and some Air Base. The next morning a search team
other people, including the testimony of the victim’s brother looked for clues.
Anastacio, and the victim’s wife Benita (the testimony of the The story of the search team’s efforts were
second group were lumped together). relayed by LAXAMANA. Apparently, Jose
o ARMSTRONG testimony – Mesina joined the search team. At a certain
Clark Airfield used to maintain communications juncture, he implored the team to go a left
with Camp O’Donnel by radio and underground (despite Laxamana wanting to turn right to
cables. To protect the installation of the cables, follow a small set of footprints), at which point
the US engaged the PH Scouts and a non- the team found nothing. Upon their return,
Christian Tribe (the BALUGA, of which the Benita for the first time claimed Jose Mesina
victim Serrano is a member). is the one who kidnapped Matignas.
Early 1958, the comms were experiencing The defense presented these testimonies:
technical difficulty, due to the pilferage of o Leonard David claimed his brother Federico, was the one
cables. who urged him to come with Jose Mesina. His brother
He saw Pan Provo conversing with Jose Messina was the one who apparently held Matignas on the
on several occasions. shoulder before wresting the Carbine rifle from the
Pan Provo is another BALUGA chief in the victim. Matignas was then led to the bottom of the hill
region, and that Provo asked Armstrong to and hit with fist blows and the butt of the rifle until he
engage the services of Matignas Serrano as was unconscious. This was subscribed and sworn before
sentry. the Justice of Peace in Pampanga.
o Second group’s testimonies – o Emilio Provo, the son of the accused PAN PROVO, in his
Anastacio claimed that Jose Mesina once went to statement before the Fiscal of Tarlac at the preliminary
him with 3 other people on the morning of that investigation, claimed that Jose Mesina frequently met
fateful day, and after having lunch, asked with his father Pan Provo. Apparently In 1958, Pan Provo
Anastacio to let him get some “pipes” (referring was the supervisor in the digging of cables in Clark
to the cables) near the area guarded by his Airfield, along with Jose Mesina and Emilio, and that
brother. they were selling the stolen cables to a Chinaman in
Anastacio refused, to which Jose Messina Pampanga.
remarked that “if you don’t know how to talk ON the fateful day, just after twilight, Emilio and
Pan Provo went to the house of Jose Mesina,
whom the latter invited to go to “Pisok”, the area Extra-judicial confessions independently made without collusion, which are
guarded by Matignas; that on the way thereto, identical with each other in their essential detailsand are corroborated by
Federico David, alias "Pedring," and Leonardo other evidence on record, are admissible as circumstantial evidence against
David, alias "Benaring," joined them; that before the person implicated to show the probability of the latter's actual
reaching the place, Emilio's companion said that participation in the commission of the crime.
they would get Matignas Serrano, the guard in
that place, "because of the tubes" they were The applicability of the foregoing exception — which has been repeatedly
taking "and that one that was enclosed in a tank acknowledged and applied by this Court — to the case at bar becomes
which were being guarded by Matignas Serrano. apparent when we bear in mind that the statements contained in the
Then the kidnapping and killing of Matignas was statements of Leonardo David and Emilio Provo were made — obviously
again narrated. Afterwards, Emilio and Pan without collusion and independently of each other — for the purpose of
Provo fled to the mountains after the body of establishing the guilt of Federico David and Pan Provo, respectively, and
Matignas was found. that they corroborate one anotherand the testimony of Benita Mayuyu,
Emilio Provo DENIED however that this Anastacio Serrano and Kudiaru Laxamana with respect to the fact that
testimony in the lower court, and merely claimed Matignas Serrano was dragged away from his guard post in the evening of
he gave it upon the instructions of an Angel October 9, 1958, by Mesina and several other persons — apparently for not
Manipon who assured him he would free after allowing them to steal and take away electric cables from Clark Field Air
giving the same. Base — and then killed. Hence, said Exhibits were properly admitted as
o Jose Messina claimed he did go to Anastacio’s house on circumstantial evidence tending to show the probability of the participation
the fateful day, but claimed he attended religious service of appellant in the commission of said offense, as testified to by said
with the INC which lasted until 8PM that day. At about witnesses for the prosecution.
8:30 p.m. he and Ruben Villas attended a barrio meeting
called by barrio lieutenant Remigio Ocampo; that, upon Furthermore, this is coupled with the weak defense of the appellant, which
adjournment of the meeting, around 10:00 p.m., they cannot stand as against the evidence stacked against him by the prosecution,
returned to the house of Mesina and then went to bed. namely the positive identification by the wife, and corroborated by the
RTC acquitted Leonard David and Pan Provo based on reasonable extrajudicial admissions/confessions.
doubt, but CONVICTED Jose Mesina.
Jose Mesina filed the appeal. DISPOSITIVE PORTION: the Decision of the Court of FIRST
INSTANCE is AFFIRMED, with modification on the indemnity.
ISSUE: Whether or not Mesina’s case can be harmed by the
admissions/confessions of David and Provo.
During trial, Tujon denied the charges against him. He testified that he It is not clear that the accused were actually offered the services of a lawyer
came from the province and looked for a job in Manila. He was arrested for and they refused. In any event, it is undisputed that the waiver of the
unknown reasons. He also testified that he did not know his other co- accused of their right to counsel was made without the assistance of
accused. The policemen asked him to sign a paper the contents of which he counsel.
did not know.
Furthermore, this Court has consistently ruled that waiver of right to
Issue: counsel to be valid, must be in writing and in the presence of counsel.
Extra-judicial confessions taken without the assistance of counsel is
WON the confession is admissible inadmissible in evidence
Held: No.
Ratio:
This Court has consistently ruled that waiver of right to counsel to be valid,
must be in writing and in the presence of counsel. Extra-judicial confessions PEOPLE VS. MACAM
taken without the assistance of counsel is inadmissible in evidence (People
v. Albofera, 152 SCRA 123 [1987]). Hence, while the right to counsel may Facts:
be waived, such waiver must be done voluntarily, knowingly and
Prosecution’s version:
intelligently, and made in the presence of the accused’s lawyer. If the
records do not show that the accused was assisted by counsel in making his On Aug 18,1987, Eduardo Macam, Antonio Cedro, Eugenio Cawilan Jr.,
waiver, this defect nullifies and renders inadmissible in evidence his Danilo Roque and Ernesto Roque went to the house of Benito Macam
confession (People v. Nolasco, 163 SCRA 623, [1988]). In the case of (uncle of Eduardo Macam) located at 43 Ferma Road QC. Upon the arrival
People v. Hizon, 163 SCRA 760 {1988}, this Court, citing the procedure of the accused, Benito invited the former to have lunch. Benito asked his
laid down in the case of People v. Galit, 135 SCRA 465 [1985]), ruled that maid Salvacion Enrera to call the companions of Eduardo who were waiting
the suspect must be informed that he has a right to the assistance of counsel in a tricycle outside the house. A. Cedro, E. Cawilan and D. Roque entered
the house while E. Roque remained in the tricycle. After all the accused had
and assured that he will be provided with one for free. While he may choose
taken their lunch, Eduardo Macam grabbed the clutch bag of Benito Macam
to waive the right, such waiver must be a knowing and intelligent one and in
and pulled out his uncle’s gun then declared a hold-up. They tied up the stage of the proceedings. Any identification of an uncounseled accused
wife (Leticia Macam), children, maid (Salvacion) and Nilo Alcantara and made in a police line-up is inadmissible. After the start of the custodial
brought them to the room upstairs. After a while Leticia was brought to the investigation, any identification of an uncounseled accused made in a police
bathroom and after she screamed she was stabbed and killed by A. Cedro. line-up is inadmissible. This is particularly true in the case at bench where
Benito, Nilo and Salvacion was also stabbed but survived. The total value the police officers first talked to the victims before the confrontation was
of the items taken was P536, 700.00. held. The circumstances were such as to impart improper suggestions on the
minds of the victims that may lead to a mistaken identification. Appellants
Defense’s version: were handcuffed and had contusions on their faces. However, the
prosecution did not present evidence regarding appellant's identification at
Danilo Roque stated that he being a tricycle driver drove the 4 accused to the police line-up. Hence, the exclusionary sanctions against the admission
Benito’s house for a fee of P50.00. Instead of paying him, he was given a in evidence of custodial identification of an uncounseled accused can not be
calling card by Eduardo Macam so that he can be paid the following day. applied. On the other hand, appellants did not object to the in-court
Upon arriving, he went with the accused inside the house to have lunch. identification made by the prosecution witnesses. The prosecution
Thereafter he washed the dishes and swept the floor. When Eugenio witnesses, who made the identification of appellants at the police line-up at
Cawilan pulled a gun and announced the hold-up, he was asked to gather the hospital, again identified appellants in open court. Appellants did not
some things and which he abided out of fear. While putting the said thins object to the in-court identification as being tainted by the illegal line-up. In
inside the car of Benito (victim) he heard the accused saying “kailangan the absence of such objection, the prosecution need not show that said
patayin ang mga taong yan dahil kilala ako ng mga yan”. Upon hearing identifications were of independent origin
such phrase he escaped and went home using his tricycle. He also testified
that his brother Ernesto Roque has just arrived from the province and in no The arrest of the appellants was without a warrant. However, they are
way can be involved in the case at bar. On the following day, together with estopped from questioning the legality of such arrest because they have not
his brother, they went to the factory of the Zesto Juice (owned by the father moved to quash the said information and any irregularity attendant to their
of Eduardo Macam) for him to get his payment (50.00) . He and his brother arrest was cured when they voluntarily submitted themselves to the
was suddenly apprehended by the security guards and brought to the police jurisdiction of the trial court by entering a plea of not guilty and by
headquarters in Q.C. They were also forced to admit certain things. participating in the trial
After which, he together with all the accused, in handcuffs and bore The court believed the version of the prosecution. Ernesto Roque, while
contusions on their faces caused by blows inflicted in their faces during remaining outside the house served as a looked out.
investigation, was brought to the QC General Hospital before each
surviving victims and made to line-up for identification. Eugenio Cawilan Wherefore, decision of lower court is Affirmed. Danilo Roque and Ernesto
was also charged with Anti-fencing Law but was acquitted in the said case. Roque is guilty of the crime of robbery with homicide as co-conspirators of
the other accused to suffer reclusion perpetua.
Issue:
Whether or Not their right to counsel has been violated. WON the arrest
was valid. WON the evidence from the line-up is admissible. PEOPLE OF THE PHILIPPINES, appellee, vs. RAFAEL OLIVAREZ,
JR., and DANILO ARELLANO, appellants.
Held:
It is appropriate to extend the counsel guarantee to critical stages of G.R. No. 77865. December 4, 1998
prosecution even before trial. A police line-up is considered a “critical”
appellants were apprehended. He knew the cassette and the wristwatch
FACTS: A case for robbery with homicide committed during the season of because said items had been used by the victim. He knew appellant
yuletide. Arellano because he is his barriomate at Tuburan, Iloilo. He also knew
Prosecution witness Sgt. Eduardo Marcelo testified that he took the appellant Olivarez, Jr. as they are also barriomates. He testified that
statements of appellant Rafael Olivares, Jr. and Purisimo Macaoili and appellant Olivarez, Jr. twice visited the factory and saw him two or three
verbal investigation of appellant Danilo Arellano because the latter refused weeks before said date
to give any statement.
Prosecution witness, Sgt. Eduardo Marcelo testified that he conducted an
Prosecution witness Cpl. Tomas Juan testified that in the morning of investigation on the person of Rafael Olivarez, Jr. Sgt. Marcelo apprised
December 28, 1981, he was assigned by his station commander to follow-up him of his constitutional rights. When informed, appellant Olivarez, Jr.
the robbery with homicide that took place at Tanada Subdivision. He declined any assistance of a lawyer during the investigation considering
learned from Patrolman Bote that a regular employee of the Cardinal Plastic that he will tell the truth about the incident. Mr. Melchor Salle and the chief
Industries (where the crime was committed) had not yet reported for work. of Sgt. Marcelo were present during the police investigations. Sgt. Marcelo
With that information, Cpl. Juan and others proceeded to the business prepared a statement signed by appellant Olivarez, Jr. relative to the
establishment and were able to confirm from the workers that appellant investigation.
Danilo Arellano failed to report for work since the commission of the crime.
elchor Salle (cousin of appellant Arellano) volunteered to bring them to For the death of the two victims and the loss of some items, appellants were
Danilo Arellano, in a factory situated in San Juan. Melchor Salle was able charge with the complex crime of robbery with double homicide. In the
to secure information from the barkada of appellant Arellano who turned commission of the said crime, other aggravating circumstances of
out to be appellant Olivares, Jr. Appellant Olivares accompanied them to nocturnity and unlawful entry were present.
Broadway where they found appellant Arellano. After being asked about the
incident that took place at the Cardinal Plastic Industries, appellant Arellano LOWER COURT DECISION: Lower court rendered a decision
readily admitted to the police authorities his participation in the commission convicting appellants of the crime charged, sentenced them to suffer the
of the crime. Thereafter, appellant Arellano was invited to the police station. death penalty.
On further direct examination, Cpl. Juan identified in open court the Sanyo
cassettes, the tapes and the wristwatch they recovered from the place where ISSUE: Whether or not the confessions obtained from the accused are
appellant Arellano pointed to them. admissible in evidence. NO
Prosecution witness Purisimo Macaoili testified that he found the dead body RULING: Initially, the categorization by the prosecution of the crime of
of Mr. Sy in the morning of December 26, 1981 inside the building where robbery with double homicide is erroneous because the word homicide in
the business establishment is situated. Mr. Sy was residing alone inside his Article 294 of the Revised Penal Code should be taken in its generic sense
room because at that time his wife was in Hongkong. Some of the workers absorbing not only acts which results in death but also all other acts
also reside inside the business establishment. Mr. Macaoili also saw the producing anything short of death. The indictable offense is the complex
dead body of the father of Mr. Sy in the same building. is companion crime of robbery with homicide.
Erning phoned Mr. Sys brother. The same brother asked for the assistance
of the police who arrived at the scene of the crime and who conducted on- The essential elements of which are:
the-spot investigation. a.) the taking of personal property with the use of violence or intimidation
against a person;
Mr. Macaoili testified that he came to know that the wristwatch, the b.) the property thus taken belongs to another;
cassettes, and other personal items of the victims were missing when c.) the taking is characterized by intent to gain or animus lucrandi;
d.) on the occasion of the robbery or by reason thereof, the crime of was not assisted by counsel. His manifestation to the investigating officer
homicide was committed. that he did not need the assistance of counsel does not constitute a valid
waiver of his right.
In this case, there were no eyewitnesses to the killing and robbery and; thus,
no direct evidence points to appellants criminal liability. The prosecutions Consequently, the invalid waiver of the right to counsel during custodial
principal evidence against them is based solely on the testimony of the investigation makes the uncounselled confession, whether verbal or non-
police officers who arrested, investigated and subsequently took their verbal obtained in violation thereof as also inadmissible in evidence.
confession. Such evidence when juxtaposed with appellants
constitutional rights concerning arrests and the taking of confessions leads Under the present laws, a confession to be admissible must be:
to a conclusion that they cannot be held liable for the offense charged 1.) express and categorical;
despite the inherent weakness of their defenses of denial and alibi, not 2.) given voluntarily, and intelligently where the accused realized
because they are not guilty but because the evidence adduced against them the legal significance of his act;
are inadmissible to sustain a criminal conviction. 3.) with assistance of competent and independent counsel;
4.) in writing; and in the language known to and understood by
First, appellants were arrested without a valid warrant of arrest and their the confessant; and
arrest cannot even be justified under any of the recognized exceptions for a 5.) signed, or if the confessant does not know now to read and
valid warrantless arrest. At the time appellants were apprehended, two days write, thumbmarked by him.
have already lapsed after the discovery of the crime they were not doing nor
have they done any criminal act. Neither were they caught in flagrante In this case, the absence of the third requisite above makes the confession
delicto or had escaped from confinement. Probably aware of the illegality of inadmissible. The purpose of providing counsel to a person under custodial
the arrest they made, the arresting officers testified that appellants were investigation is to curb the uncivilized practice of extracting confession
merely invited to the police precinct. Such invitation, however, when even by the slightest coercion as would lead the accused to admit something
construed in the light of the circumstances is actually in the nature of an false. What is sought to be avoided is the evil of extorting from the very
arrest designed for the purpose of conducting an interrogation. Mere mouth of the person undergoing interrogation for the commission of an
invitation is covered by the proscription on a warrantless arrest because it is offense, the very evidence with which to prosecute and thereafter convict
intended for no other reason than to conduct an investigation. Thus, any him.
evidence obtained in violation of their right shall be inadmissible for any With the inadmissibility of the material circumstantial evidence which were
purpose in any proceeding. By virtue of said constitutional protection, any premised on the likewise extrajudicial confession upon which both the
evidence obtained, including all the things and properties alleged to be prosecution and the lower court relied to sustain appellants conviction, the
stolen by appellants which were taken by the police from the place of the remaining circumstances cannot produce a logical conclusion to establish
illegal arrest cannot be used as evidence for their conviction. their guilt. In order to sustain a conviction based on circumstantial
evidence, it is necessary that the same satisfies the following elements:
Even assuming arguendo that by entering a plea without first questioning
the legality of their arrest, appellants are deemed to have waived any 1. there is more than one circumstance;
objection concerning their arrest, yet the extrajudicial confession of 2. the fact from which the inferences are derived are proven; and
appellant Olivares, Jr. on which the Under the Constitution, any person 3. the combination of all the circumstances is such as to produce
under investigation for the prosecution relies, is likewise inadmissible in a conviction beyond reasonable doubt
evidence. commission of an offense shall have the right among others, to
have a counsel which right can be validly waived. In this case, the said DISPOSITION: WHEREFORE, appellants conviction is herein
confession was obtained during custodial investigation but the confessant REVERSED and both are ACQUITTED for the crime charged. The person
detaining them is ordered to IMMEDIATELY RELEASE appellants Appellant Benjamin C. Magpayo was charged with Rape, Robbery,
UNLESS they are held for some other lawful cause. Robbery with Hold-up and Forcible Abduction with Rape before the
Regional Trial Court of Malabon in four (4) separate complaints and
informations. Upon arraignment, appellant entered a plea of not guilty to all
PEOPLE V. MAGPAYO 1993
the charges. After trial, he was found guilty of all the offenses charged in a
SUMMARY: joint decision rendered by the trial court. Appellant appeals from the
aforementioned joint decision of the court a quo.
At 9:30 in the morning of April 10, 1988, the 10-year old complainant
- It is well settled that the testimony of a single witness free from Lilibeth Bobis, went to the Malabon market to get money from her parents
any signs of impropriety or falsehood is sufficient to convict an to buy milk for her younger sister. After receiving P26.00 from them, she
accused even if uncorroborated. proceeded to the store near their house but before reaching it, she paused in
- Corroborative evidence is necessary only when there are reasons to front of Betsy's Restaurant near the municipal building. There she was
warrant the suspicion that the witness falsified the truth or that his approached by appellant, who accused her of involvement in a theft of
observation as been inaccurate. coffee. Lilibeth denied the accusation but appellant told her that the thief
- As a rule, evidence is not admissible which shows or tends to had a tattoo on the back (tsn, July 25, 1988, pp. 2-3). Appellant then
show, that the accused in a criminal case has committed a crime demanded threateningly that she go with him as they would look at some
boxes and broken bottles, and for her to tell fully that she had nothing to do
wholly independent of the offense for which he is on trial. It is not
with the theft.
competent to prove that he committed other crimes of a like nature
for the purpose of showing that he committed the crime charged in
They proceeded to the San Bartolome Church, which they circled twice, and
the complaint or information.
then entered the cemetery beside the church. Once inside, Lilibeth, upon the
- An exception to this rule is when such evidence tends directly to prodding of appellant, raised her blouse to show that she had no tattoo. But
establish the particular crime, and it is usually competent to prove appellant said: "Ano ang gusto mo, kakantutin ka o makakauwi ka ng
the motive, the intent, the absence of mistake or accident, a buhay." For fear of her life, Lilibeth pleaded with appellant not to kill her.
common scheme or plan embracing the commission of two or Then appellant removed his shorts and inserted his organ into her mouth
more crimes so related to each other that proof of one tends to while she was seated on the ground. He removed Lilibeth's shorts and panty
establish the other, or the identity of the person charged with the and she was made to sit on a bench. Appellant parted her legs and inserted
commission of the crime on trial. his organ into hers while he was in a standing position.
- The evidence in one was not offered and admitted to prove the
other but only to show the plan, scheme or modus operandi of the After his coitus with her, appellant took the P26.00 of Lilibeth and warned
offender. her to keep quiet as he was not alone and that she should not leave until he
- It is well-settled that for a conviction to occur, absolute certainty of has gotten out of the cemetery. Lilibeth told appellant to leave and that she
guilty is not demanded. would not complain to the police (Ibid., pp. 4-7).
When she was certain that appellant had already left, Lilibeth put on her
clothing and went back to her mother at the market, to whom she told that
FACTS: she was raped. Thereafter, both of them informed her father of the matter
and they all proceeded to the police station, where they were advised to go particularly those of the face, is actually the best way to identify
to the National Bureau of Investigation (NBI) to have Lilibeth examined. the person
- Furthermore, It is well settled that the testimony of a single
ISSUE: witness, free from any signs of impropriety or falsehood, is
sufficient to convict an accused, even if uncorroborated.
Whether or not the court a quo erred in convicting him in all charges? - In the instant case, the testimonies of eight-year old Daniel and the
pedicab driver would have been merely corroborative.
HELD: No, he is guilty and judgment affirmed. Furthermore, there is no showing that the privilege to present
Chico's brother and the pedicab driver was withheld from
appellant. In any event, the prosecution has the prerogative to
present as many witnesses it deems proper and the non-
RATIO:
presentation of some does not militate against the State for the
- In resolving whether or not rape was committed, the evidence for number of such witnesses is addressed to the sound discretion of
conviction must be clear and convincing to overcome the the prosecuting officers.
constitutional presumption of innocence
- Appellant vehemently questions the trial court's decision finding
him guilty beyond reasonable doubt because the prosecution NELLY LIM vs CA, Juan SIM
witnesses allegedly failed to positively identify him GR 91114 | September 25, 1992
- He avers that when he was arrested to answer for an alleged
wrongdoing on May 22, 1988, complainants were hesitant to point Ponente: J. DAVIDE, Jr.
at him and kept on looking at their parents.
- However, the Court is of the opinion that the lingering shock NATURE OF THE CASE: Petition for Review of Certiorari assailing the
caused by such harrowing experience at the hands of appellant CA resolution denying due course to a petition to annul the order of the trial
could have caused the minor complainants to hesitate in directly court allowing a Psychiatrist of the National Mental Hospital to testify as an
identifying him. expert witness and not as an attending physician of petitioner.
- Hence, the fact that complainants kept on looking at their parents is
FACTS:
of no moment. They were simply scared, looked at their parents for
Nelly Lim and Juan Sim are married to each other.
assurance, and such initial hesitation could by no means indicate
Juan Sim filed a petition to declare the nullity of the the marriage
that complainants were guilty of fabrication. on the ground of Article 36 of the Family Code, for schizophrenia
- Also, although Lilibeth Bobis admitted that she was not able to before, during, and after the marriage and until the present.
immediately identify the appellant at the police station after his At a certain point in the trial, Juan Sim’s counsel announced he
arrest, she declared that she thought it over very carefully if the would present as witness the Chief of the Female Services of the
appellant was indeed the offender National Mental Hospital, Dr. Lydia Acampado, a Doctor of
- Also, what is important is that Bobis remembered the square shape Medicine who specializes in Psychiatry, and sought a subpoena to
of appellant's face, his eyes to be "singkit" and his nose as have the doctor testify.
"matangos" Indeed, familiarity with the physical features, Nelly Lim’s counsel opposed on the ground that the testimony
sought to be elicited from the witness is privilegedsince the latter
had examined the petitioner in a professional capacity and had The physician may be considered to be acting in his professional capacity
diagnosed her to be suffering from schizophrenia. when he attends to the patient for curative, preventive, or palliative
The trial court denied the opposition and isued the subpoena. treatment. Thus, only disclosures which would have been made to the
Nelly Lim’s counsel filed an omnibus motion to quash the physician to enable him "safely and efficaciously to treat his patient" are
subpoena and hold the proceedings in abeyance pending such covered by the privilege. It is to be emphasized that "it is the tenor only of
resolution. the communication that is privileged. The mere fact of making a
The next day, the doctor appeared in court, and the court held a communication, as well as the date of a consultation and the number of
hearing on the motion before the doctor could testify. Nelly Lim’s consultations, are therefore not privileged from disclosure, so long as the
counsel reiterated their objection arguing it was privileged. Juan subject communicated is not stated."
Sim’s counsel however merely averred that the doctor was being
presented as an EXPERT WITNESS, and was going to be asked In order that the privilege may be successfully claimed, the following
HYPOTHETICAL QUESTIONS about her field of specialization. requisites must concur:
The RTC then allowed her to testify as an expert witness only. The 1. the privilege is claimed in a civil case;
court further advised Nelly Lim’s counsel to object as soon as it 2. the person against whom the privilege is claimed is one duly
becomes apparent that privileged information might be disclosed. authorized to practice medicine, surgery or obstetrics;
o On the witness box, Dr. Acampado answered routinary 3. such person acquired the information while he was attending to the
(sic) questions to qualify her as an expert in psychiatry; patient in his professional capacity;
she was asked to render an opinion as to what kind of 4. the information was necessary to enable him to act in that capacity;
illness (sic) are stelazine tablets applied to; she was asked and
to render an opinion on a (sic) hypothetical facts 5. the information was confidential, and, if disclosed, would blacken
respecting certain behaviours of a person; and finally she the reputation (formerly character) of the patient.
admitted she saw and treated Nelly Lim but she never
revealed what illness she examined and treated her (sic); These requisites conform with the four (4) fundamental conditions
nor (sic) the result of her examination of Nelly Lim, nor necessary for the establishment of a privilege against the disclosure of
(sic) the medicines she prescribed certain communications, to wit:
Upon a R65 petition to the CA, the CA dismissed the same. 1. The communications must originate in a confidence that they will
not be disclosed.
ISSUE: Whether or not Dr. Acampado can testify as an expert witness. 2. This element of confidentiality must be essential to the full and
satisfactory maintenance of the relation between the parties.
HELD: YES. 3. The relation must be one which in the opinion of the community
ought to be sedulously fostered
RULING: 4. The injury that would inure to the relation by the disclosure of the
This rule on the physician-patient privilege is intended to facilitate and communications must be greater than the benefit thereby gained
make safe full and confidential disclosure by the patient to the physician of for the correct disposal of litigation.
all facts, circumstances and symptoms, untrammeled by apprehension of
their subsequent and enforced disclosure and publication on the witness Nelly Lim’s counsel has failed to discharge the burden of proving that the
stand, to the end that the physician may form a correct opinion, and be information is covered by the privilege. In the first place, Dr. Acampado
enabled safely and efficaciously to treat his patient. It rests in public policy was presented and qualified as an expert witness. As correctly held by the
and is for the general interest of the community. Court of Appeals, she did not disclose anything obtained in the course of
her examination, interview and treatment of the petitioner; moreover, the
facts and conditions alleged in the hypothetical problem did not refer to and
had no bearing on whatever information or findings the doctor obtained WON the lacking testimonies of the expert witnesses should result to the
while attending to the patient. There is, as well, no showing that Dr. acquittal of the accussed
Acampado’s answers to the questions propounded to her relating to the
hypothetical problem were influenced by the information obtained from the RULING:
petitioner. Otherwise stated, her expert opinion excluded whatever
information or knowledge she had about the petitioner which was acquired The trial court arrived at its conclusions not only with the aid of the expert testimony of
by reason of the physician-patient relationship existing between them. As an doctors who gave their opinions as to the possible cause of the victim’s laceration, but also the
expert witness, her testimony before the trial court cannot then be excluded. testimony of the other prosecution witness, especially the victim herself. It did not rely solely
on the testimony of the expert witnesses. Such expert testimony merely aided the court in the
Secondly, it is quite clear from Dr. Acampado’s testimony that the exercise of its judgment on the facts. The fact that experts enumerated various possible causes
petitioner was never interviewed alone. Said interviews were always of the victim’s laceration does not mean the trial court’s interference is wrong. The absence of
conducted in the presence of a third party. She was first accompanied by her spermatozoa in the victim’s vagina does not negate the conclusion that it was his penis which
husband during the consultations, and then afterwards always with Nelly was inserted in the victim’s vagina. In rape, the important consideration is not the emission of
Lim’s father. There is authority to the effect that information elicited during semen but the penetration of the female genitalia by the male organ. The victim as a child is
consultation with a physician in the presence of third parties removes such confused as well as to the object that was inserted in her organ.
information from the mantle of the privilege.