Análisis Interno

Per Curiam (1997) 

Herein appellant Pablito Andan was accused of the Herein appellant Pablito Andan was accused of the crime of rape with homicide against the person of a crime of rape with homicide against the person of a certain Marianne Guevarra

certain Marianne Guevarra

The FACTS as established by the prosecution are as The FACTS as established by the prosecution are as follows: On Feb 19, 1994 at about 4pm, in Concepcion follows: On Feb 19, 1994 at about 4pm, in Concepcion Subdivision, Baliuag, Bulacan, Marianne Guevarra, Subdivision, Baliuag, Bulacan, Marianne Guevarra, twenty years of age and a second-year student at the twenty years of age and a second-year student at the Fatima School of Nursing, left her home for her school Fatima School of Nursing, left her home for her school dormitory in Valenzuela, Metro Manila

dormitory in Valenzuela, Metro Manila

Marianne wore a striped blouse and faded denim pants Marianne wore a striped blouse and faded denim pants and brought with her two bags containing her school and brought with her two bags containing her school uniforms, some personal effects and more than P2,000 uniforms, some personal effects and more than P2,000 in cash

in cash

Marianne was walking along the subdivision when Marianne was walking along the subdivision when appellant Andan invited her inside

appellant Andan invited her inside his house. his house. He usedHe used the pretext that the blood pressure of his wife's the pretext that the blood pressure of his wife's grandmother should be taken

grandmother should be taken

Marianne agreed to take her blood pressure but she did Marianne agreed to take her blood pressure but she did not know th

not know that nobody was inside at nobody was inside the house. the house. Appellant Appellant  then punched her in the abdomen, brought her to the then punched her in the abdomen, brought her to the kitchen and raped her

kitchen and raped her

His lust sated, appellant dragged the unconscious girl to His lust sated, appellant dragged the unconscious girl to the back of the house and left her there until dark. the back of the house and left her there until dark. Night came and appellant pulled Marianne, still Night came and appellant pulled Marianne, still unconscious, to their bac

unconscious, to their backyard. kyard. On the other side was On the other side was aa vacant lot where appellant transferred the girl. When vacant lot where appellant transferred the girl. When the girl moved, he hit her head with a piece of concrete the girl moved, he hit her head with a piece of concrete block. He repeatedly did so until she died and only then block. He repeatedly did so until she died and only then did he drag the body towards a shallow portion of the did he drag the body towards a shallow portion of the lot and abandoned it there

lot and abandoned it there

The following day, the body of Marianne was The following day, the body of Marianne was discovered. She was naked from the chest down with discovered. She was naked from the chest down with her brassiere and T-shirt pulled toward her neck. her brassiere and T-shirt pulled toward her neck. Nearby was found a panty with a sanitary napkin

Nearby was found a panty with a sanitary napkin

Marianne's gruesome death drew public attention Marianne's gruesome death drew public attention causing the Mayor of Baliuag to form a crack team of  causing the Mayor of Baliuag to form a crack team of  police officers to look for the criminal

police officers to look for the criminal

Searching the place where Marianne's body was found, Searching the place where Marianne's body was found, the policemen recovered a broken piece of concrete the policemen recovered a broken piece of concrete block stained with what appeared to be blood. They block stained with what appeared to be blood. They also found a pair of denim pants and a pair of shoes also found a pair of denim pants and a pair of shoes which were identified as Marianne's

which were identified as Marianne's

Appellant's nearby house was also searched by the Appellant's nearby house was also searched by the police who found bloodstains on the backyard wall. police who found bloodstains on the backyard wall. There they interviewed the occupants of the house and There they interviewed the occupants of the house and learned from one Romano Calma, stepbrother of  learned from one Romano Calma, stepbrother of 

Later, the police tra

Later, the police traced the appellant at his parent’sced the appellant at his parent’s

house and there they successfully accosted him. They house and there they successfully accosted him. They took him aboard the patrol jeep and brought him to the took him aboard the patrol jeep and brought him to the police headquarters where he was interrogated

police headquarters where he was interrogated

Initially, appellant denied any knowledge of Marianne's Initially, appellant denied any knowledge of Marianne's death. However, when the police confronted him with death. However, when the police confronted him with the concrete block, the victim's clothes and the the concrete block, the victim's clothes and the bloodstains found in the pigpen, appellant relented and bloodstains found in the pigpen, appellant relented and said that his neighbors, Gilbert Larin and Reynaldo said that his neighbors, Gilbert Larin and Reynaldo Dizon, killed Marianne and that he was merely a Dizon, killed Marianne and that he was merely a lookout. He also said that he knew where Larin and lookout. He also said that he knew where Larin and Dizon hid the two bags of Marianne

Dizon hid the two bags of Marianne

Immediately, the police took appellant to his house. Immediately, the police took appellant to his house. Larin and Dizon, who were rounded up earlier, were Larin and Dizon, who were rounded up earlier, were likewise brought there by the police. Appellant went to likewise brought there by the police. Appellant went to an old toilet at the back of the house, leaned over a an old toilet at the back of the house, leaned over a flower pot and retrieved beneath it two bags which flower pot and retrieved beneath it two bags which were later identified as belonging to Marianne. were later identified as belonging to Marianne. Thereafter, photographs were taken of appellant and Thereafter, photographs were taken of appellant and the two other suspects holding the bags, after which, the two other suspects holding the bags, after which, they were brought back to the police station

they were brought back to the police station

Back at the station, the mayor arrived and upon seeing Back at the station, the mayor arrived and upon seeing the mayor, appellant Andan approached him and the mayor, appellant Andan approached him and whispered a request that they talk

whispered a request that they talk privatelyprivately

The mayor led appellant to the office of the Chief of  The mayor led appellant to the office of the Chief of  Police and there, appellant broke down and said Police and there, appellant broke down and said "Mayor, patawarin mo ako! I will tell you the truth. I am "Mayor, patawarin mo ako! I will tell you the truth. I am the one who killed Marianne." (at conyo po siya

the one who killed Marianne." (at conyo po siya₎₎ The mayor, for his part, opened the door of the room to The mayor, for his part, opened the door of the room to ask for a lawyer to assist appellant, but there being ask for a lawyer to assist appellant, but there being none, he simply let the public and media none, he simply let the public and media representatives witness the confession

representatives witness the confession

In the presence of the mayor, the police, In the presence of the mayor, the police, representatives of the media and appellant's own wife representatives of the media and appellant's own wife and son, appellant confessed his guilt 

and son, appellant confessed his guilt 

Later, he apologized to Larin and Dizon whom he falsely Later, he apologized to Larin and Dizon whom he falsely implicated and disclosed (re-enacted) the details of  implicated and disclosed (re-enacted) the details of  how he committed the brutal rape and killing of  how he committed the brutal rape and killing of  Marianne

Marianne

He said that the devil entered his mind because of the He said that the devil entered his mind because of the pornographic magazines and tabloid he read almost  pornographic magazines and tabloid he read almost  everyday

everyday

To everybody’s surprise, on arraign

To everybody’s surprise, on arraignment, ment, hereinherein appellant entered a plea of "not guilty"

appellant entered a plea of "not guilty"

He interposed an alibi on the time and date of the He interposed an alibi on the time and date of the incident and also imputed torture against his person by incident and also imputed torture against his person by the arresting and investigating police officer

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CrimPro (Arrest) CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien 

 AJ | Amin | Cha | Janz | Julio | Vien 

65 65

The trial court, however, was swayed by the The trial court, however, was swayed by the

prosecution’s case and convicted herein appellant  prosecution’s case and convicted herein appellant 

Andan for the rape and killing of Marianne Guevarra Andan for the rape and killing of Marianne Guevarra and sentenced him to death

and sentenced him to death –– hence this automatichence this automatic review where the following issue was raised:

review where the following issue was raised:

WoN the trial court erred in finding him guilty of the crime WoN the trial court erred in finding him guilty of the crime charged beyond reasonable doubt by giving weight to his charged beyond reasonable doubt by giving weight to his

“public confession” during c

“public confession” during custodial investigation althoughustodial investigation although he was not assisted by competent counsel at that time, in he was not assisted by competent counsel at that time, in violation of his constitutional right 

violation of his constitutional right  HELD:

HELD: NO. The trial court correctly based its decision onNO. The trial court correctly based its decision on the testimonies of the investigating policemen, the mayor the testimonies of the investigating policemen, the mayor of Baliuag and four news reporters to whom appellant  of Baliuag and four news reporters to whom appellant  gave his extrajudicial oral confessions, even without  gave his extrajudicial oral confessions, even without  counsel, as captured in photographs and video footages. counsel, as captured in photographs and video footages. Hence, the decision of RTC Malolos, Bulacan is AFFIRMED Hence, the decision of RTC Malolos, Bulacan is AFFIRMED and accused-appellant Pablito Andan y Hernandez is found and accused-appellant Pablito Andan y Hernandez is found guilty of the special complex crime of rape with homicide guilty of the special complex crime of rape with homicide and is sentenced to the penalty

and is sentenced to the penalty of death.of death. RATIO:

RATIO:

Plainly, herein appellant assails the admission of the Plainly, herein appellant assails the admission of the testimonies of the policemen, the mayor and the news testimonies of the policemen, the mayor and the news

reporters as to his “confession” because they were reporters as to his “confession” because they were

made during custodial investigation without the made during custodial investigation without the assistance of counsel

assistance of counsel_{this must FAILthis must FAIL}

Under Sec 12 (1) & (3) of Art III of the Constitution, any Under Sec 12 (1) & (3) of Art III of the Constitution, any person under investigation for the commission of an person under investigation for the commission of an offense shall have the right: (1) to remain silent; (2) to offense shall have the right: (1) to remain silent; (2) to have competent and independent counsel preferably of  have competent and independent counsel preferably of  his own choice; and (3) to be informed of such rights his own choice; and (3) to be informed of such rights These rights cannot be waived except in writing and in These rights cannot be waived except in writing and in the presence of counsel. Also, any confession or the presence of counsel. Also, any confession or admission obtained in violation of this provision is admission obtained in violation of this provision is inadmissible in evidence against him (exclusionary inadmissible in evidence against him (exclusionary rule)

rule)

This exclusionary rule is premised on the presumption This exclusionary rule is premised on the presumption that in a custodial investigation, a suspect is thrust into that in a custodial investigation, a suspect is thrust into an unfamiliar atmosphere and runs through menacing an unfamiliar atmosphere and runs through menacing police interrogation procedures where the potentiality police interrogation procedures where the potentiality for compulsion, physical and mostly psychological, is for compulsion, physical and mostly psychological, is apparent 

apparent 

It should be stressed that the rights under Sec 12 are It should be stressed that the rights under Sec 12 are accorded to "any person under investigation for the accorded to "any person under investigation for the commission of an offense"

commission of an offense"

And as understood, an investigation begins when it is And as understood, an investigation begins when it is no longer a general inquiry into an unsolved crime but  no longer a general inquiry into an unsolved crime but  there is now focus on a particular person as a suspect, there is now focus on a particular person as a suspect,

Perforce, appellant was already under custodial Perforce, appellant was already under custodial investigation when he confessed to the police (note that  investigation when he confessed to the police (note that 

herein appellant actually “confessed” twice –

herein appellant actually “confessed” twice –first whenfirst when he a

he admitted to being “lookout” and then his breakdowndmitted to being “lookout” and then his breakdown

with the mayor) with the mayor)

It is admitted that the police failed to inform appellant  It is admitted that the police failed to inform appellant  of his constitutional rights when he was investigated of his constitutional rights when he was investigated and interrogated. His first confession is therefore and interrogated. His first confession is therefore inadmissible in evidence

inadmissible in evidence

So too were the two bags recovered from appellant's So too were the two bags recovered from appellant's house

house  _{these pieces of evidence were fruits of these pieces of evidence were fruits of}  appellant's first uncounselled confession to the police. appellant's first uncounselled confession to the police. They are tainted evidence, hence also inadmissible They are tainted evidence, hence also inadmissible After his initial confession, appellant was detained in After his initial confession, appellant was detained in the police station. Later that day, the mayor arrived and the police station. Later that day, the mayor arrived and it was when he made his second, highly public it was when he made his second, highly public

“confession,” which again was

“confession,” which again was uncounselleduncounselled

This notwithstanding, said second “confession” cannot  This notwithstanding, said second “confession” cannot 

be successfully claimed to be inadmissible be successfully claimed to be inadmissible

While it is true that a mayor, having "operational While it is true that a mayor, having "operational supervision and control" over the local police, may supervision and control" over the local police, may arguably be deemed a law enforcement officer for arguably be deemed a law enforcement officer for purposes of applying Sec 12 (1) & (3) of Art III of the purposes of applying Sec 12 (1) & (3) of Art III of the Constitution

Constitution

HOWEVER, in the instant case, appellant's confession to HOWEVER, in the instant case, appellant's confession to the mayor was not made in response to any the mayor was not made in response to any interrogation by the latter. In fact, the mayor did not  interrogation by the latter. In fact, the mayor did not  question appellant at all

question appellant at all

It was appellant himself who spontaneously, freely and It was appellant himself who spontaneously, freely and voluntarily sought the mayor for a private meeting. The voluntarily sought the mayor for a private meeting. The mayor did not know that appellant was going to confess mayor did not know that appellant was going to confess his guilt to him. When appellant talked with the mayor, his guilt to him. When appellant talked with the mayor, he was deemed as a confidant and not as a law he was deemed as a confidant and not as a law enforcement officer, hence, his uncounselled confession enforcement officer, hence, his uncounselled confession to him did not violate his constitutional rights

to him did not violate his constitutional rights

It has been held that the constitutional procedures It has been held that the constitutional procedures on custodial investigation do not apply to a on custodial investigation do not apply to a spontaneous statement, not elicited through spontaneous statement, not elicited through questioning by the authorities, but given in an questioning by the authorities, but given in an

ordinary manner whereby appellant orally

ordinary manner whereby appellant orally

admitted having committed the crime admitted having committed the crime

What the Constitution bars is the compulsory What the Constitution bars is the compulsory

In document Smart Feeder. info:eu-repo/semantics/bachelorthesis (página 21-24)