Police Investigation Cases

8/9/2019 Police Investigation Cases

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G.R. No. L-40639 November 23, 1976

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs. ISIDRO !O"# !$S%&TO '() NESTOR D&L$D Defendants-

Appellants.

Jose M. de la Cruz for appellant Isidro (Boy) Buscato. chanrobles irtual la!library

Mala"a"a M. Macape#es for appellant $estor Dalud. chanrobles irtual la!library

Actin# %olicitor &eneral 'u#o . &utierrez Jr. Assistant %olicitor

&eneral $athanael P. de Pano Jr. and *rial Attorney +uisito P.

scutin for appellee.

&NTONIO, J.*

Appeal by Isidro (Boy) Buscato and Nestor Dalud from the decision

dated August 22, !"#, of the $ourt of %irst Instance of $otabato,

convicting the said appellants of the crime of &obbery 'ith

omecide and imposing upon them the penalty of reclusion

perpetua. he dispositive portion of said decision reads as follo's*

+&%-&, is vie' of all the foregoing, the $ourt is convinced

beyond the shado' of reasonable doubt that all the accused /abiban, Nestor Dalud, and Isidro Buscato are guilty of the offense of

robbery 'ith homicide, defined in Article 2!#, paragraph , of the

&evised 0enal $ode, and hereby sentences each of the accused to

suffer a penalty of ,C+%I$ P,P*Aand to pay, 1ointly and

severally, the heirs of &odolfo im the sum of 0,#33.33, the value

of the articles stolen4 to indemnify also the heirs of &odolfo im the

sum of 02,333.334 all 'ithout subsidiary imprisonment in case of

insolvency, as rule in the case of 0eople vs. Doria, interpreting&epublic Act No. 5#65, and to pay the cost.

he foregoing is based on the follo'ing facts* chanrobles virtual la'library

At about 7*83 o9cloc: in the evening of /anuary 2, !"8, appellants

Isidro (Boy) Buscato and Nestor Dalud, together 'ith &icardo &omo,


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'here drin:ing ;tuba; at the residence of Nestor Dalud located at

the 0hilippine rade $enter, anuel

argo 'ent to the store of Bangoy opposite the


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same. In vie' of Buscato9s refusal, he re@uested IN&A0$- due to the im Auto


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Nestor and Boy Buscato proceeding directly to the house of Nestor,

'here they slept, leaving im 'ith /abib an. hey also repudiated

their e?tra1udicial confessions alleging that they 'ere compelled to

sign the same by force, violence and intimidation. Isidro Buscato

recounted his maltreatment by, the 0$ soldiers from /anuary 5to7, !"8.

*' *,IA+ C,*/% 0A+A*I$

he trial court, ho'ever, 'as persuaded that the e?tra1udicial

confessions of Nestor Dalud and /abib an 'ere voluntarily and

freely given by them to the investigators. hus, according to the

trial court*

Atty. >uEas@ue, the $ler: of $ourt before ('hom) the said

confessions 'ere subscribed and s'orn to testified that the said

statements 'ere freely and voluntarily given by the affiants.

i:e'ise the investigators testified that the same 'ere freely and

voluntarily given by the affiants and they too: the stand in rebuttal

1ust to deny the allegation of force and maltreatment.chanroblesvirtuala'librarychanrobles virtual la'library

&ecords 'ill sho' that the affiants 'ho alleged that they 'ere

maltreated have not presented any medical certificate to sho' thealleged in1uries they suffered.chanroblesvirtuala'librarychanroblesvirtual la'library

hey have not charged any one of those 'ho allegedly maltreated

them in court or before any authority.chanroblesvirtuala'librarychanrobles virtual la'library

o sho' that they 'ere maltreated the only evidence they have

presented are their o'n testimonies and the testimonies of their

relatives, inla's and friends. chanroblesvirtuala'librarychanroblesvirtual la'library

he defense of the three accused is one merely of denial and alibi.

&ecords 'ill sho' that the house of the victim and the place 'here

the victim9s body 'as found to the place 'here the accused 'ere on

the night of /anuary 2, !"8 is 1ust very near.chanroblesvirtuala'librarychanroblesvirtual la'library

??? ??? ???chanroblesvirtual la'library


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he confessions of accused Nestor Dalud and /abib an reveal

spontaneity of the declarations by the affiants and are replete 'ith

facts 'hich could only be possible supplied by the accused. chanroblesvirtuala'librarychanroblesvirtual la'library


In the case at bar, the defense could not attribute any reason 'hy

the $ler: of $ourt before 'hom the confession 'as s'orn to 'ould

testify the 'ay he did in court and li:e'ise no motive could be

attributed to


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() In convicting the aforementioned appellants on the basis solely

of the repudiated ;e?tra1udicial confessions; of Nestor Dalud and

/abib an4 andchanroblesvirtual la'library

(2) In ta:ing into account the alleged escape of one accused, /abiban, long after the case 'as submitted for decision, as a

circumstance in convicting the appellants. chanroblesvirtuala'librarychanrobles virtual la'library

he basic issue determinative of the merits of the challenged

1udgment is the admissibility of the confessions and their sufficiency

to sustain the conviction.

*' MA$I1%*A*I$ 1 *' %+ICI*, &$,A+

he


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After a careful and dispassionate anlysis of the testimonies of the

'itnesses for the prosecution and for the defense, 'e have come to

the conclusion that Nestor Dalud9s attac: on the voluntary characterof the confession finds support in the evidence on record.chanroblesvirtuala'librarychanrobles virtual la'library

. Nestor Dalud9s recital of the means and methods employed by

the investigators in e?tracting his confession cited specific overt acts

as 'ould preclude any notion that the same are merely products of

his imagination. >oreover, he enumerated the names of those 'ho

had e?erted overbearing pressure on him. chanroblesvirtuala'librarychanrobles virtual la'library

e testified that on /anuary 8, !"8, he and his coaccused 'erearrested and confined in the 0$ stoc:ade in $otabato $ity (tsn, pp.

"!73, /an. #, !"#)4 that for t'o days, they 'ere not allo'ed to

go out of the stoc:ade (tsn, p. 7,Ibid)4 that 'hile they 'ere at the

stoc:ade, the guard on duty 'ould sometime call them onebyone,

and as soon as they reach the iron grills, the guard 'ould pull their

hands and then bo? them (tsn, pp. 78,Ibid)4 that on the morning of

/anuary 5, !"8, he and his coaccused 'ere brought to the -ffice

of the #5#th 0$ $ompany (tsn, pp. !3!2, Ibid)4 that he 'as

investigated in the presence of his t'ocoaccused (tsn, p. !8, Ibid4that


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In 'hat manner or in 'hat 'ay you 'ere again maltreated the

follo'ing morning of /anuary 6, !"8, up in that guardhouseGchanroblesvirtual la'library

A hey made me lie do'n in the spring bed and tied my both hands

and feet to it. hen, they got a bloc: of ice, the siFe of the ice is li:ethis ('itness demonstrated) and placed it on top of my face. And

after that they undressed me and they even inserted a piece of

broomstic: into the uterus of my penis. chanroblesvirtuala'librarychanrobles virtual la'library

o' did they insert a piece of broomstic: into uretral part of your

organGchanrobles virtual la'library

A +hen my pants 'as ta:en off, and I could still remember the man

'ho too: off my pants /uansing egaspi. And after my penis 'ase?posed, one of the soldiers arrived by the name of $risty. And then

he loo:ed for a broomstic: and he said, ;It is better that 'e play

'ith him;. hen he handled my penis and after that he inserted that

broomstic: and 'hen the broomstic: 'as already inserted into my

penis, he t'isted the broomstic: inside. chanroblesvirtuala'librarychanrobles virtual la'library

At that time, 'as


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A Hes, sir, until the bloc: of ice became small and 'hen this this

became small already,


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punishment.


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everytime he 'as made to confess, bullets 'ere inserted bet'een

his fingers (tsn, p. 87, Ibid).chanroblesvirtuala'librarychanroblesvirtual la'library

&icardo -campo, 'ho accompanied ourdes Dalud to the 0$

ead@uarters in $otabato $ity, corroborated her testimony, iz aiz, the e?ternal manifestations of violence inflicted on Nestor

Dalud.chanroblesvirtuala'librarychanroblesvirtual la'library

Dic: Dalud, father of Nestor Dalud, also testified that on /anuary

7, !"8, he 'as arrested by 0$ authorities and placed in the

stoc:ade at the 0$ ead@uarters in $otabato $ity (tsn, pp. ##2,

-ct. 83, !"8). e sa' his son sporting a s'ollen face and

everytime Nestor Dalud 'ould cough, he (Nestor) 'ould vomit

blood (tsn, p. #", Ibid).chanroblesvirtuala'librarychanrobles virtual la'library

It is true that the said 'itnesses are related to Nestor Dalud

(&icardo -campo is Nestor Dalud9s brotherinla') but mere

relationship to the accused does not destroy a 'itness9 credibility.

heir narration of fact bears no positive indication of e?aggeration

or falsity. +e find in the records no fact nor circumstance that

impels us to doubt or re1ect their testimonies. >oreover, the lo'er

court did not ma:e any conclusion concerning their credibility,

hence, there is no reason not to accept their testimonies at facevalue. chanroblesvirtuala'librarychanrobles virtual la'library

he above circumstances not'ithstanding, the lo'er court still

loo:ed upon the confession as free of infirmity. $learly, that 'as

error. he constant course of decisions of this onorable $ourt

forbids the admission of any confession obtained under such

circumstances. A conviction resting on such proof, and such

proof alone, certainly cannot be allo'ed to stand.chanroblesvirtuala'librarychanroblesvirtual la'library

2. he failure of Nestor Dalud to complain to $ler: of $ourt

Ben1amin >uEas@ue of the torture he had undergone is not a

guarantee of the voluntary character of his confession. e 'as

appraised beforehand by


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8. he e?tra1udicial confession suffers from an additional infirmity

in that Nestor Dalud signed the same upon the representation of


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A No more, sir, because no one 'ould come there and if I also

report to the soldiers, I thin: it 'ill not be good because it 'as the

soldiers 'ho apprehended me. (tsn p. #2, /an. 2!, !"#)

??? ??? ???

Alle#ed oluntary

re-enact"ent of the

cri"e

eavy emphasis 'as given by the lo'er court on the participation of

all the accused in the reenactment of the crime. his circumstance

dra's its strength or 'ea:ness on the issue of voluntariness of the

confession. hus, in order that the reenactment may be givenevidentiary 'eight, the validity and efficacy of the confession must

first be sho'n. chanroblesvirtuala'librarychanroblesvirtual la'library

It is to be noted that all the accused 'ere unanimous in denouncing

the re enactment as ;'ritten, produced and directed; by their

torturers. his is not an empty assertion. hey had already been

sub1ected to cruel and painful punishments occasioned by their

earlier refusal to admit their participation in the commission of the

crime. In their determined @uest to ;solve; the crime, theauthorities had virtually reduced all the accused to mere robots,

having sapped their 'ill of strength, by torture.chanroblesvirtuala'librarychanroblesvirtual la'library


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investigation (tsn, pp. #5#7, Ibid). ere is, therefore, a situation

'here a subordinate 'as investigating his superior.


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lightly imprinted than the 'ords ;$ontusion, left nec:;, can you

e?plain thisG chanrobles virtual la'library

A +ell, that is right, ;I returned to the for"er type!riter !hen the

ribbon !as already fi2ed.; (tsn, pp. #5, >ay 2!, !"8* mphasissupplied.)

It is 'ell to remember that the finding that there 'as a contusion

on the left nec: of the deceased 'ould be vital in this case as this

'ould corroborate Nestor Dalud9s ;confession; that he struc: the

deceased on the nec: 'ith a bamboo. $ould it be that the inclusion

of this particular item 'as a mere afterthought, considering that in

the $ertificate of Death accomplished by Dr. >ariano at the recovery

site of the victim9s body, there 'as no hand'ritten entry as regardsthe contusion on the left nec:G >oreover, the e?planation of Dr.

>ariano as to 'hy he had to use t'o type'riters in accomplishing

?hibit ;A; ta?es credulity. If it is true that the ribbon of the first

type'riter 'as not functioning 'ell, then 'hy did he not type the

rest of the entries on the second type'riter instead of merely the

entry ;contusion, left nec:;G chanroblesvirtual la'library

As earlier stated, the fact of death of &odolfo im is uncontested.

o'ever, there is serious doubt as to the e?istence of contusion onhis left nec:.

ral confession

of Isidro Buscato

he la' on evidence does not re@uire that a confession be in

'riting. It is sufficient that it be made in the presence of reliable

and disinterested 'itnesses (0eople vs. $astro, 7! 0hil. "#").chanroblesvirtuala'librarychanroblesvirtual la'library


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have time to thin: it over (tsn, p, 6, Ibid), -n the ne?t day, 'hen

Buscato 'as again as:ed to sign his confession, he refused to do so

(Ibid). ?cept for


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A %irst, they let me stand and tied me to a post. And then, they

undress me, too: off my pants and my shirt. hey told me if I 'ill

confess, they 'ould not harm me. And because I 'ould not confess,

they started hitting my body and even :ic:ed my :nees 'ith their

combat shoes. By noontime, they stopped and let me rest.


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+hat :ind of maltreatment did they effect on you from 2*83 of

/anuary 7 to one o9cloc: A.>. of /anuary !G chanroblesvirtual la'library

A +hile they investigated me, I 'as sitting and then they let "y

hand lay on the table !ith open pal" and "ade it as an ash tray.hey put cigaretts 'hich are lighted and put out the lights of the

cigarettes on my palm used as ash tray and they insisted me to

confess but I did not confess.


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he follo'ing circumstances further puts grave doubt on Isidro

Buscato9s participation in the commission of the crime* chanroblesvirtual la'library

. he prosecution9s version of the incident, as established in the

repudiated e?tra1udicial confession of Nestor Dalud and /abib an(?hibits ;$; and ;D;, pp. "2, &ec.), is that Isidro Buscato

stabbed &odolfo im and after Buscato had divested the deceased of

his money and 'atch, Buscato brought the body of the deceased

to'ards the middle of the river to be carried a'ay by the current of

the river. After the arrest of Buscato, t'o blue denim pants

belonging to him 'ere sent to the National Bureau of Investigation

and upon re@uest of %iscal A@uiles Nava1os, 'as e?amined to

determine the presence of human blood. As per the Biology &eport

of the NBI, the e?amination yielded a negative result (?hibit ;8;Buscato, p. 7", &ec.). $onsidering the 'ound of the deceased,

there must have been profused bleeding. Het, despite the fact that

Buscato allegedly brought the body of the deceased to the middle of

the river, there 'as no trace at all of human blood in Buscato9s

pants4chanroblesvirtual la'library

2. he crime 'as supposed to have been committed bet'en 3*33

o9cloc: to 2*33 o9cloc: in the evening of /anuary 2, !"8. Isidro

Buscato 'as alleged to have ta:en the money, 'atch and nec:laceof the deceased. If further appears that Buscato 'as apprehended

at !*33 o9cloc: in the morning of /anuary 8, !"8 (tsn, p. 2

/anuary 83, !"#). here 'as, therefore, no opportunity by him

from the deceased nor to dispose of the 'atch and the nec:lace. Het

the crac: 0$ investigators 'ere not able to recover any of the stolen

articles.

,ebuttal testi"onies

of %#t. %oriano and

0ar#as do not destroy

appellants/ clai" of

"altreat"ent.


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Appellants Nestor Dalud and Isidro Buscato mentioned by name

nine member of the 0hilippine $onstabulary 'ho maltreated them

'ith the sole purpose of e?tracting their confessions, namely*


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civil liberty. he ma?im $e"o tenetur seipsu" accusarehad its

origin in the protests against the abuses and manifestly un1ust

methods of interrogating accused persons in the in@uisitorial $ourt

of the


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As e?plained in .%. . $aarro, 14this provision against self

incrimination 'as established on grounds of ;public policy and

humanity of policy, because if the party 'ere re@uired to testify, it

'ould place the 'itness under the strongest temptation to commit

per1ury, and of humanity, because it 'ould prevent the e?torting ofconfessions by duress.; chanroblesvirtual la'library

As noted by the +ic:ersham $ommission in its report in !8, ;not

only does the use of the third degree involve a flagrant violation of

la', but it involves also the dangers of false confession, and it tends

to ma:e police and prosecutors less Fealous in the search for

ob1ective evidence. ... he third degree brutaliFes the police,

hardens the prisoner against society, and lo'ers the esteem in

'hich the administration of 1ustice is held by the public.;1+

*' C,I*,IA 1 JDICIA+ I$>I,5

he constitutional in@uiry is not 'hether the conduct of the police

officers in obtaining the confession 'as shoc:ing, but 'hether the

confession 'as free and voluntary4 that is, it must not be e?tracted

by any sort of threats or violence, nor obtained by any direct or

implied promises, nor by the e?ertion of improper influence. 16It

has been recogniFed that ;coercion can be mental as 'ell asphysical, and that the blood of the accused is not the only hallmar:

of an unconstitutional in@uisition.; 17As stated by /ustice %ernando

inPeople . Ba#sala, 1any form of coercion 'hether physical,

mental or emotional renders a confession inadmissible. ;+hat is.

essential for its validity is that it proceeds from the free 'ill of the

person confessing,; In other 'ords, the person must not have been

compelled to incriminate himself. As early as the case of . %. . De

%antos19this $ourt, spea:ing thru /ustice rent, e?plained the

rationale for the rule re1ecting the admissibility of forced

confessions, thus*

If a confession be free and voluntary the deliberate act of the

accused 'ith a full comprehension of its significance, there is no

impediment to its admission as evidence and it then becomes


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evidence of a high order4 since it is supported by the presumption

a very strong one that no person of normal mind 'ill deliberate

and :no'ingly confess himself to be the perpetrator of a crime,

especially if it be a serious crime, unless prompted by truth and

conscience.chanroblesvirtuala'librarychanroblesvirtual la'library

... But if the accused sho's that the confession 'as involuntary, as

that term is used 'ith reference to confessions, the confession

cannot be considered as evidence of the guilt of the accused. is

conviction must depend upon other evidence. Involuntary

confessions are re1ected by all courts by some on the ground that

a confession so obtained is unreliable4 and by some on the grounds

of humanitarian principles 'hich adhor all forms of torture or

unfairness to'ard the accused in criminal proceedings. But eithertheory arrives at the same goal.


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torture and the infliction of body injuries and there was not enough testimonial evidence to justify the

finding that he was liable for the crime committed the information for the above offense was filed

against five accused, but only Tomas Bagasala and Juanito Bagasala were adjudged guilty.1An

appeal was duly taken to this ourt by both of them, but Tomas Bagasala having escaped from the

provincial jail on !arch "#, $%&&, his appeal was dismissed. 2Juanito Bagasala is thus the sole appellant.

As will hereafter be shown his contention that an e'tra-judicial confession was involuntary, having been

e'orted by force, must by given credence. (e is not, however, entitled to an a)uital, as the oral testimonycontrary to his assertion did clearly point him as one of the perpetrators of the offense charged. The

conviction cannot be reversed.

The tragic occurrence took place on June $*, $%&$. At about "+** oclock that morning, !acario

ngkit and his wife, Juliana eginaldo, were asleep in their house in Barrio adlan, /ili, amarines

0ur. They were awakened by the barking of their dog. !acario stood up and armed himself with his

bolo and an iron pipe. /roceeding to the sala, he saw five men entering his house through the doors

leading to the veranda as well as the kitchen.31n no time at all, one of them, recogni2ed by him as

appellant Juanito Bagasala, wrested the iron pipe. Another, Tomas Bagasala, in turn sought to take away

from him his bolo. 1ron pipe in hand, appellant was heard by ngkit demanding from his wife, Juliana

eginaldo, her key, prompting her to e'claim+ 3Juanita why are you doing this to us43 This was followed

by her plea for help, as she was beaten up with such weapon.*

Tomas Bagasala in turn succeeded in relieving ngkit of his bolo and to use it against the latter,

wounding him on the back of his head and thus causing him to fall to the floor. 1t was not until almost

dawn that morning that he regained consciousness. (is son, 1t was then attending to his wounds. (e

was asked by his father to report what happened to the authorities. ngkit was then taken to the

provincial hospital in 5aga ity so that he could receive medical care. (e likewise testified that of the

raiding party of five, he could identify only appellant and Tomas Bagasala. n the occasion of such

robbery, he suffered a loss of one sack of rice valued at ten pesos. +

6ith the incident being reported to the /hilippine onstabulary at 5aga ity on the same morning,

two sergeants

6

and two corporals

7

were directed to investigate the occurrence. 7pon their arrival, whatgreeted them at the scene of the crime $*+** oclock that morning were the lifeless body of the wife,

Juliana eginaldo, lying flat on the floor the iron pipe and the bolo stained with blood. 8They were told by

the son, afael ngkit, that his father was in the provincial hospital in 5aga ity. /roceeding to said

place, ngkit pointed to appellant and Tomas Bagasala with three other persons who were responsible

for the killing and the robbery.9Acting on this information, they brought the two to the hospital where they

were readily identified by ngkit as the perpetrators. 1The death of the wife, according to their doctor

who performed the autopsy, was due to the 3acute internal and secondary hemorrhage, because of the

multiple wounds on the head and fracture of the skull.3 11

The oral testimony of !acario ngkit, in the opinion of the lower court, was 3corroborated and

strengthened by the 8e'tra-judicial statement9 under oath3 of appellant Juanita Bagasala wherein it

was admitted that he was among the group of five persons who went to the house of the ngkit

spouses precisely for the purpose of taking away the palay stored therein. 12There, was thus a

rejection of the claim made that such confession was involuntary. The defense of alibi put up by appellant

was rejected in view of the positive identification. (ence his conviction for the crime of robbery with

homicide and serious physical injuries, being sentenced to pay the heirs of Juliana eginaldo the amount

of /:,***.** and to pay !acario ngkit the amount of /$*.** representing the value of the palay.

1f the conviction of appellant were predicated solely on the confession, he would be entitled to

ac)uittal, his attack on its voluntary character having support in the evidence of record. There is,


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however, sufficient basis for the finding of guilt as the testimonial evidence is sufficiently wieghty and

the defense of alibi utterly unconvincing.

$. The onstitution in its Bill of ights e'plicitly guarantees+ 35o person shall be compelled to be a

witness against himself.3 13There is thus a safeguard against the compulsory disclosure of incriminating

facts. 1t does not bar, as Justice Tuason pointed out, the conviction of an accused 3on a voluntary

e'trajudicial statement ....31*ertainly, however, where the confession is involuntary being due to

maltreatment or induced by fear or intimidation, there is a violation of this constitutional provision. Any

form of coercion whether physical, mental, or emotional thus stamps it with inadmissibility. 6hat is

essential for its validity is that it proceeds from the free will of the person confessing.

This is the prevailing principle even prior to the onstitution. Both under the /hilippine Bill of $%*"

and the /hilippine Autonomy Act of $%$& as well as a statute enacted in $%*;, there is the

re)uirement that a confession to be received as evidence must be shown to be freely and voluntarily

made and not the result of violence intimidation threat, menace, or promise or offer of reward or

leniency. 1+6hy it should be thus was e'plained in an early leading case+ 31nvoluntary confessions are

rejected by all courts < by some on the ground that a concession so obtained is unreliable and by some

on the grounds of humanitarian principles which abhor all forms of torture or unfairness toward the

accused in criminal proceedings. But either theory arrives at the same goal. 0uch a confession is not

legal evidence and must be rejected. 1f the accused satisfactorily shows that it was made involuntarily, the

confessions stand discredited the eyes of the law and is a thing which never e'isted.3 160uch a thought

finds e'pression in an even earlier decision, !nited States ". #a"arro, 17promulgated in $%*#. Thus+ 3The

provision that no one is bound to criminate himself is older than the =overnment of the 7nited 0tates. At

an early day it became a part of the common law of >ngland. 1t was established on the grounds of public

policy and humanity < of policy, because if the party were re)uired to testify, it would place the witness

under the strongest temptation to commit the crime of perjury, and of humanity, because it would prevent

the e'torting of confessions by duress.3 18

1t is no surprise then that where there was ample basis in a habeas corpus proceeding for

petitioners contention as to the signature on his confessions in the eight cases where he did plead

guilty being due to his desire to avoid any further torture or maltreatment, this ourt, through Justice

/erfecto reached this conclusion+ 3The facts proved by petitioner convince us that the sentences

rendered in the eight cases in )uestion are null and void and should not be given any effect.3 19As a

result, the release from confinement of petitioner was ordered. Then, too, in line with this controlling

doctrine, there is this relevant e'cerpt from an opinion of Justice ?abrador+ 36e cannot close our ears to

the stories of maltreatment used to e'tort the confession in )uestion. ourts are not unaware that some

officers of the law resort to illegal and reprehensible tactics to e'tort confessions, and had occasions to,

e'press condemnation of such tactics. 2

1t is unfortunate that the lower court failed to abide by the authoritative doctrines that ban the use of

involuntary confessions in accordance with the constitutional provision against self-incrimination

which, in the language of Justice 0anche2, should be 3mandatory3, being 3a valuable and

substantive right.3 21Appellant testified that on June $*, $%&$, while he was being investigated at the

constabulary barracks, he was bo'ed repeatedly in different parts of the body, at one time made to lie

down after being blindfolded and then water poured on his face. 22(e repeated that before signing the

confession on June $;, $%&$, he was likewise subjected to physical maltreatment, having been bo'ed

many times on the breast and stomach. 23(is testimony received confirmation from a competent and

neutral source, @r. /edro illafuerte, the city health officer of 5aga, who e'amined appellant on June ",

$%&$ in the provincial jail of amarines 0ur seventeen days after his being apprehended and taken to the

constabulary barracks. 6hen asked what he found on the person of appellant, this was his answer+ 3(e


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has five lesions here. Tenderness of the stomach on the leftC elongated scar, lower third of the forearmC

healing wound, circular shape on the elbow, left sideC sensation of deafness and easily nervous.32*6hen

)uestioned as to what could have caused the tenderness, he replied as follows+ 3That is trauma. The

elongated scar on the lower third might have been produced by a stickC the healing wound circular in

form, he might have fallen on a hard object and the sensation of deafness, if you try to hit the two ears

with the palm, there is compression of the ear drum, so that the hearing is interfered with. But this will be

temporary in nature. >asily nervous, because of fear. 1 e'amined him in jail.3 2+

The above testimony notwithstanding, the lower court could still look upon such confession as free of

any infirmity. learly, that was error, as pointed out by appellant. The constant course of decisions of

this honorable Tribunal, true to the meaning of the self-incrimination clause forbids the admission of

any confession obtained under such circumstances. 1t would be to render nugatory a valuable

constitutional right if judges of the courts of first instance display less than full sensitivity to its

command. A conviction resting on such proof, and such proof alone, certainly cannot be allowed to

stand.

1t is likewise timely to impress anew on police officials that the imperative re)uirements of truth and

of humanity condemn the utili2ation of force and violence to e'tract confessions from unwilling

victims. rime must be punished and the guilty must not be allowed to escape. A desirable end

cannot, however, be attained by unconstitutional means. There should be less than full respect for

the law if in the process of enforcing it lawless methods are employed. nce again, then, this ourt

is called upon to manifest in the strongest language possible its abhorrence for the employment of

force to compel a person to sign a statement acknowledging guilt. A decent regard for the dignity that

attaches to every human being as such will be satisfied with nothing less.

". 5onetheless, a reversal is not called for. There is sufficient competent and credible evidence of

record pointing unerringly to the guilt of appellant. (is brief, in two other errors assigned would

impute the perpetration of the deed 3to someone else.3 26By that cryptic statement, reference is made

to the testimony of his own thirteen-year-old daughter, 0oledad Bagasala, who did, on the witness stand,

declare that on the morning of June %, $%&% there was a )uarrel between the ngkit spouses presumablydue to the wife having applied to work as a maid in the household of a certain family in 5aga.270he even

went so far as to state that she saw the deceased hitting, with a piece of pipe, the head of her husband,

!acario ngkit, who retaliated by using the bolo on her. 28ertainly, it is understandable why the lower

court could not be e'pected that such an assertion, coming from the daughter, could disprove what was

testified to by !acario ngkit as to the fatal beating inflicted on his wife by appellant on the occasion of a

robbery.

5or could appellants responsibility for the gory occurrence be wiped away by the simple disclaimer

that he was, during the night of June %, $%&$, asleep in his house, leaving the place only the ne't

morning to harvest /alay. 29(is defense of alibi was sought to be bolstered by still another member of

the family, his wife, who affirmed that on the evening of June %, $%&$ appellant was sleeping in their

house, but likewise admitted that the evidence of the ngkit spouses was only about fifty metersaway. 3The lower court did not accept such a version. 1t is understandable why. (is identification coming

from a neighbor was easily believable. 0uch an alibi which did not prelude appellants having taken the

time to go with his other co-accused in a house only fifty meters away during the course of the evening,

as not calculated to impress any court of justice with its truth. As was stressed in Justice astros opinion

in People ". Alcantara+ 313The appellants main defense in e'culpation is alibi. 1t must he stressed at the

outset that alibi is one of the weakest defenses that can be resorted to by an accused, especially if there

is direct testimony of an eyewitness duly corroborated by that of another, not only because it is inherently

weak and unreliable but also because of the case of fabricating evidence of alibi and the difficulty of


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PEOPLE OF THE PHILIPPINES,plaintiff-appellee, vs. VALERIANOAEST!"O y VI#AS, FE$ERI%O APATIN y SA&!SA&, AL&INO&AGAS y $AL!HATAN '() $IAS%ORO VI#AS y O$AL, accused,

AL&INO &AGAS y $AL!HATAN, accused-appellant.

$ E % I S I O N

AP!NAN,J.+

One of the cardinal rules of criminal law is that the guilt of the accused must be provenbeyond reasonable doubt by the prosecution. If the inculpatory facts and circumstances arecapable of two or more explanations, one of which is consistent with the innocence of theaccused and the other consistent with his guilt, then the evidence does not fulfill the test of moralcertainty and is not sufficient to support a conviction.[1]In the present case, there being a doubt asto the guilt of accused-appellant, the constitutional presumption of innocence stands and he mustbe acuitted.

!his is an appeal from the decision dated "ovember #$, 1%%1 of the &egional !rial 'ourt,(ranch 1)1, *aloo+an 'ity in 'riminal 'ase "o. )%) finding accused-appellant lbino (agasguilty of the complex crime of robbery in band with double rape and sentencing him accordingly.

t about nine-thirty in the evening of /ebruary ##, 1%%1, a group of eight armed menwearing mas+s entered the house of complainant 0erlita delos antos 2acsamana at acred 3eart4illage, *aloo+an 'ity and robbed the said premises of valuables in the total amountof 05#$,.. In the course of the robbery, two members of the gang raped 6aria /e 'atanyagand 7strella &olago, niece and employee, respectively of complainant 2acsamana.

On /ebruary #5, 1%%1, accused-appellant lbino (agas, 4aleriano mestu8o, /ederico

mpatin, 9ioscoro 4i:as and four other accused, whose identities are un+nown and who are stillat large up to the present, were charged with the complex crime of robbery in band with doublerape under the following information;

!hat on or about the ##nd day of /ebruary 1%%1, in *aloo+an 'ity, 6etro 6anila, andwithin the


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fter ransac+ing the room, two C#D of the accused, one C1D of them is mestu8o,brought 7strella &olago inside her room and afterwhich she was in turn brought to theguest room. !hereat she heard &olago pleading Maawa kayo, maawa kayothenafter ten C1D minutes, &olago, with bloodstain on her shorts, was brought in bac+ tothe guest room Cpp. 1)-1G, !", =uly #, 1%%1D. &olago was raped by mestu8o Cpp.15-#, !", =uly ), 1%%1D.

lmost simultaneously, (agas li+ewise sexually assaulted and ravished /e 'atanyagCpp. )$-G, !", =uly ), 1%%1> pp. #-B, !", =uly G, 1%%1D. !hereafter, (agas shoutedat her to stand up and although she was experiencing pain on her private part whichwas bleeding at that time, she stood up, dressed up and proceeded to the servantsAuarter Cpp. G-B, !", =uly G, 1%%1D.

!hereafter, 6rs, 2acsamana shouted for help. ensing that the accused had alreadyleft, they loc+ed the door. Fith the help of her employer and co-employees, more

particularly "anding, she and &olago were brought the nearby "eopolitan 'linic andfrom there they proceeded to the t. 2u+eAs 3ospital where 9r. (rion treated'atanyag and &olago Cpp. -5, !", =uly G, 1%%1> pp. 1%-#, !", =uly ), 1%%1D.[)]

On "ovember #$, 1%%1, the trial court rendered


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On /ebruary #, 1%%1, four days after the alleged incident, a group of policemen togetherwith accused /ederico mpatin, who was then a suspect, went to the handicrafts factory in "I&oad, 0asay 'ity where accused-appellant was wor+ing as a stay-in shell cutter. !hey wereloo+ing for a certain ?6arioE and searched the first and second floors of the building. /ailing tofind said 6ario, the police hit mpatin at the bac+ of his nec+ with a gun and uttered, Niloloko

lang yata tayo ng taong itoand Magturo ka ng tao kahit sino. It was at this


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the accused while under custodial investigation is relevant and material only to cases in which anextra- C)D the accuracy of any prior descriptiongiven by the witness> CGD the level of certainty demonstrated by the witness at theidentification> CBD the length of time between the crime and the identification> and CDthe suggestiveness of the identification process.

!he out-of-court identification of herein accused-appellant by complainants in the policestation appears to have been improperly suggestive. 7ven before complainants had theopportunity to view accused-appellant face-to-face when he was brought our of the detention cell

to be presented to them for identification, the police made an announcement that he was one ofthe suspects in the crime and that he was the one pointed to by accused mpatin as one ofculprits. ccording to accused-appellant -

L; Fhen the complaining witnesses arrived at the Hrdu


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It is, thus, clear that the identification was practically suggested by the police themselveswhen they announced to the complainants that accused-appellant was the person pointed to bympatin. !he fact that this information came to the +nowledge of the complainants prior to theiridentification based on their own recall of the incident detracts from the spontaneity of theirsubseuent identification and therefore, its ob


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; Immediately I was instructed to follow the policemen who went upstairs, sir.

L; Fhy did that policemen go upstairsM

; 3e was loo+ing for 6ario, sir.

xxx

L; Hpon reaching the second floor, what happened thereM

; !hey did not see any person there, sir.

L; Fhat followed nextM

; 0NO 6elmida pistol-whipped me, sir.

L; Fhere were you hitM

; On the left portion of my nec+, sir.

L; 9id 6elmida utter any remar+ while hitting youM

xxx

; 3e told me to point to somebody else, sir, saying these words, ?6agturo +a ng tao +ahit sino.E

xxx

L; o what did you do when you were ordered to point to anyoneM

; (ecause at that time I cannot yet stand up he forced me to go downstairs, sir.

xxx

L; Fere you able to reached CsicD the ground floorM

; Kes, sir.

L; nd what happened thereM

; I pointed to lbino (agas, sir, because he was the only first person I saw there at the ground floorwhile his companions were on the other side because I donAt want to get hurt anymore, Kour3onor.

'ourt; Fhen you see CsicD (agas was lying face down at the tme you pointed to himM

; Kes, your 3onor.

'ourt; Kou did not bother to loo+ at his faceM

; "o more Kour 3onor because I was in a hurry to point to somebody because I was afraid that I willbe hurt again, Kour 3onor.

xxx

'ourt; Kou mean to say at the time you pointed to lbino (agas you did not +now himM

; "o I donAt +now him, Kour 3onor.[#$]

mpatin and accused-appellant were charged as co-conspirators in the crime of robbery withrape. s a co-accused, it would have been more consistent with human nature for mpatin toimplicate accused-appellant if indeed he was one of the gang. In fact, the 'ourt has recogni8ed
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that ?as is usual with human nature, a culprit, confessing a crime is li+ely to put the blame as faras possible on others rather than himself. [#%]!he fact that he testified to the innocence of a co-accused, an act which resulted in no advantage or benefit to him and which might in factimplicate him more, should have been received by the trial court as an ini+um of the truth ofmpatinAs testimony and the innocence of herein accused-appellant. mpatinAs testimony,

therefore, should have been given weight by the trial court. 6ore so, the same was substantiallycorroborated by another witness, &odolfo &osales, accused-appellantAs co-wor+er and who waspresent when accused-appellant was arrested. &osales testified as follows;

L; "ow, do you +now when was lbino (agas arrested in connection with this caseM

; 2ast /ebruary #B, that was 6onday, sir.

L; nd where were you when he was arrestedM

; I was there at that time.

xxx

L; xxx what was the reaction of lbino (agas when he was being pointed to and arrested by the

arresting officersM

; !he situation goes li+e this, sir, the policemen arrived there and they were holding the persons ofmpatin and they were loo+ing for a person named 6ario that was what I heard, sir, and then thepolicemen forced us to be identified or to be seen by the guide. mpatin at first at the groundfloor but since there was nobody there by the name of 6ario they proceeded to the second floorand upon loo+ing one of the policemen shouted, ?Fala rito, nilolo+o lang tayo ng taong ito.E

'ourt; !hen what happened nextM

Fitness; nd I noticed that the reaction of /ederico mpatin that he was afraid, so, because of fear hewas able to point on the person of lbino (agas but when as+ed he does not +now the name oflbino (agas, Kour 3onor.

tty. 0acis; (efore going to the second floor, because according to you the arresting officers and theguide went to the second floor, was lbino (agas at the ground floor seen by the guide and thepolicemenM

; Fe were the first group of persons seen by the policemen and lbino and I were beside each other,sir.

L; nd you want to impressed CsicD upon this 3onorable 'ourt that at first at the ground floor, lbino(agas was not identified by this mpatin before going to the second floorM

; !he guide was not able to identify the person of lbino (agas and that was the reason why theystill made searches at the second floor, sir.

L; 3ow was /ederico mpatin able to identify lbino (agas when he was accompanied by thepolicemen went downstairsM

; I noticed from the reaction of /ederico mpatin that he was afraid after hearing the shout of thepolicemen, sir.

xxx[)]

!he testimony of witness &osales corroborates mpatinAs declaration in court that he doesnot +now herein accused-appellant and merely pointed to him out of fear of the police. !hese
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