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People V Rapeza
People V Rapeza
*
G.R. No. 169431. April 4, 2007.
[Formerly G.R. Nos. 149891-92]
threat, intimidation or any other means which vitiate the free will
shall be used against him.
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* SECOND DIVISION.
597
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598
599
shall provide him with one, it was overlooked that it was not
similarly made to appear in the same statement that appellant
was advised that he had the option to reject the counsel provided
for him by the police authorities.
600
601
602
TINGA, J.:
1
way above the articles on governmental power. Once
again, the Court extends fresh vitality to the rights of a
person under custodial investigation, which, beginning
with the 1987 Constitution, has been accorded equal but
segregate weight as the traditional right against self-
incrimination, to tip the scales of justice in favor of the
presumption of innocence and the lot of an unlettered
confessant. 2
This treats of the appeal from the Decision dated 1 July
2005 of the
3
Court of Appeals affirming the Consolidated
Judgment dated 24 July 2001 of the Regional Trial Court
(RTC) of Palawan, Puerto Princesa City in Criminal Case
Nos. 13064 and 13202 where Jerry Rapeza (appellant) was
found guilty of two (2) counts of murder and sentenced to
the penalty of reclusion perpetua for each count, plus a
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That on or about the 21st day of October, [sic] 1995, more or less
4:00 o’clock in the afternoon at Cawa-Cawa District, Municipality
of Culion, Province of Palawan, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused,
conspir-
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604
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superior strength, with intent to kill and while armed with bladed
weapons, did then and there wilfully, [sic] unlawfully and
feloniously attack, assault and stab with their bladed weapons, to
wit: knives, CESAR GANZON, hitting him in the different vital
parts of his body and inflicting upon him multiple stab wounds
which causes hypovolemic shock which were the direct and
6
immediate cause of his instantaneous death.”
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5 Records, Vol. I, p. 1.
6 Records, Vol. II, p. 1.
605
7
per People v. Mateo.
8
The Court of Appeals affirmed the
judgment of guilt.
The prosecution had sought to establish the facts and
events recited below.
In the afternoon of 21 October 1995, an unidentified
woman went to the Culion Municipal Station and reported
a killing that had taken place in 9
Sitio Cawa-Cawa,
Barangay Osmeña, Culion, Palawan. The officer-in-charge,
SPO2 Ciriaco Gapas, sent to the victims’ house which was
the scene of the crime an investigating team led by SPO2
Crisanto Cuizon, Jr. and PO2 Isidro Macatangay. There
they saw two bloodied bodies, that of a woman lying on the
floor of the sala and that of a man inside the bedroom. The
investigating team wrapped the bodies in blankets10 and
loaded them in a banca to be brought to the morgue. The
victims were later identified as Priscilla Libas and Cesar
Ganzon. 11
The Autopsy Reports show that the common cause of
death of both victims was hypovolemic shock secondary to
massive bleeding secondary to multiple stab wounds and
that both bodies were in the early stages of decomposition.
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606
13
set out to look for appellant. He found appellant fishing in
Asinan Island and invited the latter for questioning.
Appellant expressed his willingness
14
to make a confession in
the presence of a lawyer. Appellant was then brought to
the police station after which SPO2 Gapas requested
Kagawad Arnel Alcantara to provide appellant with a
lawyer. The following day, appellant was brought to the
house of Atty. Roberto
15
Reyes, the only available lawyer in
the municipality. The typewriter at the police station was
out of order at that time and Atty. Reyes could not go to16 the
police station as he was suffering from rheumatism. At
the house of Atty. Reyes, in the presence of Vice-Mayor
Emiliano Marasigan of Culion, two (2) officials of the
Sangguniang Barangay, SPO2 Cuizon and an interpreter,
SPO2 Gapas proceeded with the custodial investigation of
appellant who was assisted by Atty. Reyes. Appellant was
expressly advised that he was being investigated for the
death of Libas and Ganzon. 17
Per the Sinumpaang Salaysay that appellant executed,
he was informed of his constitutional rights in the following
manner:
xxxx
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607
xxx
Tanong: Maari mo bang isalaysay ang pang-yayari [sic]?
Sagot: Opo, [n]oong Sabado ng umaga alas 8:00[,] petsa
21 ng Oktobre, 1995, kami ni Mike ay nagkaroon
ng pagiinuman sa kanilang bahay sa Cawa-Cawa
at sinabi sa akin [sic] puntahan naming iyong
matanda, dahil may galit daw si Mike sa
dalawang matanda [Pris]cilla Libas at Cesar
Ganzon) na nakatira din sa Cawa-Cawa at
anglayo ay humigit-kumulang isang daang metro
sa aming pinag-iinuman at kami ay nakaubos ng
labing dalawang bote ng beer, mula umaga
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18 Id., at p. 157.
608
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609
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610
28
before the MTC. When appellant was brought to the MTC,
nobody talked
29
to him during the hearing nor did counsel
assist him. He was thereafter brought by a police officer to
a hut in a mountain where he was told to go a little bit
farther. He refused for fear of being shot. The police
30
officer
then got angry and punched him in the stomach.
On the basis of appellant’s extrajudicial confession, the
RTC found him guilty of both crimes. The Court of Appeals
upheld the trial court.
Appellant submits for our resolution two issues, namely:
(1) whether his guilt was proven beyond reasonable doubt;
and (2) whether the qualifying circumstance of evident
premeditation was likewise proven beyond reasonable
doubt.
Appellant mainly contends that the extrajudicial
confession upon which the trial court placed heavy
emphasis to find him guilty suffers from constitutional
infirmity as it was extracted in violation of the due process
guidelines. Specifically, he claims that he affixed his
thumbmark through violence and intimidation. He stresses
that he was not informed of his rights during the time of
his detention when he was already considered a suspect as
the police had already received information of his alleged
involvement in the crimes. Neither did a competent and
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28 Id., at p. 18.
29 Id., at p. 23.
30 Id., at pp. 37-38.
611
612
31
1987 Constitution. Sec. 12, Art. III thereof states in part,
to wit:
“SEC. 12. (1) Any person under investigation for the commission
of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation or any other
means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
x x x x”
32
Republic Act No. 7438, approved on 15 May 1992, has
reinforced the constitutional mandate protecting the rights
of persons under custodial investigation. The pertinent
provisions read:
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31 People v. Santos, 347 Phil. 723, 733; 283 SCRA 443, 453 (1997).
32 Otherwise known as An Act Defining Certain Rights of Persons Arrested,
Detained or Under Custodial Investigation as well as the Duties of the Arresting,
Detaining and Investigating Officers and Providing Penalties for Violations
Thereof.
613
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33 See People v. Mojello, G.R. No. 145566, 9 March 2004, 425 SCRA 11,
23; and People v. Santos, supra note 31.
34 People v. Porio, 427 Phil. 82, 93; 376 SCRA 596, 606 (2002), citing
People v. Gallardo, 323 SCRA 219 (2000) and People v. Bacor, 306 SCRA
522 (1999); See People of the Philippines v. Oranza, 434 Phil. 417, 430; 385
SCRA 209, 219 (2002); People v. Valdez, 395 Phil. 207, 224; 341 SCRA 25,
42 (2000); People v. Base, 385 Phil. 803, 815; 329 SCRA 158, 169 (2000);
People v. Lumandong, 384 Phil. 390, 403;
614
“x x x x
In Miranda, Chief Justice Warren summarized the procedural
safeguards laid down for a person in police custody, “in-custody
interrogation” being regarded as the commencement of an
adversary proceeding against the suspect.
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327 SCRA 650, 663 (2000); People v. Calvo, Jr., 336 Phil. 655, 661; 269 SCRA
676, 682 (1997).
35 U.S. v. De los Santos, 24 Phil. 329 (1913).
36 People v. Santos, supra note 31.
37 G.R. No. 85215, 7 July 1989, 175 SCRA 216.
615
been given, such opportunity afforded him, the individual may knowingly
and intelligently waive these rights and agree to answer or make a
statement. But unless and until such warnings and waivers are
demonstrated by the prosecution at the trial, no evidence obtained as a
result of interrogation can be used against him.
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616
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39 CA Rollo, p. 85.
40 G.R. No. 151286, 31 March 2004, 426 SCRA 666.
41 Id., at pp. 679-680.
617
constitutional
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618
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619
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620
that
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621
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50 CA Rollo, p. 152.
622
A Yes, sir, I was the one who profounded [sic] that [sic]
questions.
Q And you are very definite that the answer is in [the]
affirmative, in your question and answer?
A I am not very sure, sir.
Q You are not very sure because he has a lawyer?
A Yes, sir.
51
xxxx
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623
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53 People v. Delmo, 439 Phil. 212; 390 SCRA 395 (2002), cited in People v.
Dueñas, Jr., supra note 40.
54 321 Phil. 1028, 1041-1042; 251 SCRA 626, 637 (1995).
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624
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55 People v. Alberto, 436 Phil. 434, 444; 387 SCRA 615 (2002), citing
People v. Deniega, supra note 46.
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625
xxxx
Q Now Mr. Witness, you will agree with me that the
accused[,] when he allegedly gave his voluntary
confession[,] he [sic] did not read the document when he
made his thumbmark?
A He did not because according to him he is illiterate.
Q Illiterate because he only placed his thumbmark
and you have all the freedom to manipulate him
and in fact he doesn’t know that he is entitled to
have a lawyer of his own choice?
A He doesn’t know.
56
xxxx
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626
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627
xxxx
Q Now, on October 24, 1995, where were you?
A I was in Culion Police Station.
Q While you were there in the Police Station, what
happened?
62
A A woman reported to us regarding this incident.
xxxx
Q When was the investigation conducted?
A October 24, 1995.
Q On the same day that you discover [sic] the cadavers?
A The investigation was conducted on October 25, 1995.
63
xxxx
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628
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64 See e.g. People v. Dueñas, Jr., supra note 40 at pp. 677-678, citing
People v. Abayon, supra note 58.
629
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his body and two (2) on the left side. Yet, it is stated in
appellant’s extrajudicial confession that he stabbed Ganzon
on his left side. Quite oddly, SPO2 Cuizon testified that
Ganzon was wounded on the left arm only. His full account
on this aspect runs, thus:
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630
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631
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68 U.S. v. De Leon, 27 Phil. 506, 511 (1914); U.S. v. Agatea, 40 Phil. 596,
601 (1919); People v. Fontanosa, et al., 126 Phil. 583; 20 SCRA 249 (1967).
69 People v. Satorre, 456 Phil. 98; 408 SCRA 642 (2003).
70 U.S. v. Gregorio, 4 Phil. 433 (1905); See People v. Cunanan, 110 Phil.
313 (1960); People v. Mojica, 119 Phil. 796; 10 SCRA 515 (1964); People v.
Condemena, 132 Phil. 380; 23 SCRA 910 (1968).
71 5 MORAN,COMMENTS ON THE RULES OF COURT, 271 (1980
ed.).
72 5 MORAN,COMMENTS ON THE RULES OF COURT, 272 (1980
ed.).
632
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73 People v. Maisug, No. L-22187, 344 March 1969, 27 SCRA 742, 753.
74 Id.
75 See People v. De la Cruz, 344 Phil. 653; 279 SCRA 245 (1997).
76 U.S. v. Marcial, et al., 7 Phil. 281 (1907).
633
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634
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635
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636
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——o0o——
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