People vs. Ognayon 2

SECOND DIVISION
PEOPLE OF THE PHILIPPINES

VS.
DIANE ARGAYAN Y OGNAYON
G.R. No. 255750. January 30, 2023
LOPEZ, J., J.:
DOCTRINE: In People v. Andan,43 this Court declared as admissible the confession Andan made before
the mayor even though he was not assisted by his counsel as it was not made in response to any
interrogation. In that case, Andan was the one who approached the mayor, requested for a private talk, and
confessed to him as a confidant. 44 Akin to Andan, Diane was also the one who sought out Girlie for moral
support, and in one of their talks admitted her crime. Girlie did not have any inkling that Diane would
confess. There is also absence of evidence that she coerced Diane into admitting her crime or interrogated
her on behalf of the police authorities which compelled her to confess.
FACTS: On May 26, 2014, Raven, who was then six years of age, was at the house of her Lolo Harry. Her
aunt Diane and the latter's three-year-old daughter, Jeana were also present. After drinking coffee and
eating, Raven went to harvest pechay at her lolo's garden . Diane followed not long after, leaving Jeana all by
herself.7 When Raven went back to the house to soak the pechay she harvested in water, she saw Jeana by
the door crying, with a knife embedded at her back and her clothes covered in blood. After she called her
auntie to the house, Raven asked Jeana who did that to her. The latter answered that it was her mother who
stabbed her. Diane then removed the knife from Jeana's back, treated her wounds with agua and bathe her,
doing all these while Jeana was crying. She also changed Jeana's clothes and washed them before putting
Jeana to sleep. Diane then asked Raven to go to the garden. 8
When Diane arrived moments later, she asked Raven to continue cleaning in the garden. Not long after,
Diane asked Raven to go back to the house to check on Jeana as the dogs had started barking. When Raven
reached the house, she saw Jeana lying face down on the kitchen floor, her head and back oozing with blood.
Raven again called her Aunt Diane. 9When Diane arrived, she took a brown blanket, laid it on the floor, and
covered Jeana with it. She was crying while doing this. Diane then swept the shards of glass scattered on the
floor, chair and dining table. Thereafter, she called for two male persons. 10
On the same day, the body of Jeana was autopsied by Dr. Leal, medico legal officer of the Philippine National
Police Crime Laboratory. His medico-legal report 13 revealed that Jeana sustained six hack wounds at the back
of the head, all of which were fatal as they caused bleeding in the brain. She also sustained seven stab
wounds at the back, one of which caused laceration on her left lung. The cause of death was found to be
hemorrhagic shock secondary to multiple stab wounds at the back and multiple hack wounds at the head,
which were likely caused by a bladed weapon.14
The following day, the police officers went back to the crime scene with Raven where she narrated what
happened the previous day. She described the knife she saw embedded on Jeana's back as the kitchen knife
with black handle that they used in the kitchen. Her narration was reduced into a sworn
Statement15 executed in the presence and with the assistance of Girlie , Social Welfare Officer I of the
Municipality of Sablan, Benguet. 16The RTC found Diane guilty beyond reasonable doubt of parricide. It held
that the prosecution was able to sufficiently prove all the elements of the crime charged.
On appeal, Diane contended that the RTC erred in convicting her of parricide since the prosecution failed
to prove that she was the one responsible for the death of Jeana. She pointed out that none of the
prosecution witnesses saw her in the act of killing her child. In fact, she was with Raven at the pechay
garden immediately before Raven went back to the house and found Jeana dead, making it improbable for
her to be the perpetrator of the crime. Also, her alleged admission of guilt was inadmissible in evidence as it
was not made in writing.22
In its assailed Decision, 24 the CA sustained the conviction of Diane for parricide after finding that all the
elements of the crime charged had been duly proved. It also explained that while none of the prosecution
witnesses saw the actual killing of the victim, the totality of their testimonies showed that Diane was the one
responsible for the crime.
ISSUE: Whether the CA erred in affirming the conviction of Diane for the crime of parricide.
HELD: This Court finds no merit in the Appeal. Article 246 of the RPC provides to be liable for the crime
of parricide, the following elements must be established: (1) a person is killed; (2) the accused is the killer;
and (3) the deceased is either the legitimate spouse of the accused, or any legitimate or illegitimate parent,
child, ascendant or descendant of the accused. 29
The death of Jeana has been established by Medico-Legal, Jeana's certificate of death, 31 the testimony
of Dr. Leal,32 as well as the photographs 33 of the lifeless body of the victim. The certificate of live birth 34 of
Jeana also shows that Diane is her mother. Moreover, Diane admitted to the fact of death of Jeana as well as
their filial relationship during the pre-trial conference of the case. 35 Hence, only the second element remains
in issue.
For an extrajudicial confession to be admissible, Section 12, Article III of the Constitution provides that . 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.
In People v. Andan,43 this Court declared as admissible the confession Andan made before the mayor
even though he was not assisted by his counsel as it was not made in response to any interrogation. In that
case, Andan was the one who approached the mayor, requested for a private talk, and confessed to him as a
confidant.44 Akin to Andan, Diane was also the one who sought out Girlie for moral support, and in one of
their talks admitted her crime. Girlie did not have any inkling that Diane would confess. There is also absence
of evidence that she coerced Diane into admitting her crime or interrogated her on behalf of the police
authorities which compelled her to confess.
Applying the foregoing jurisprudential principles, the safeguards that must be observed under Section
12, paragraphs 1 and 3, Article III of the Constitution clearly do not find application in Diane's uncounseled
confession inasmuch as the same was: (1) made of her own volition, (2) not made while she was under
custodial investigation, and (3) not given in response to any interrogation.What the Constitution abhors is
the forced disclosure of incriminating facts or confessions.

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SECOND DIVISION

PEOPLE OF THE PHILIPPINES

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