[238 SCRA 306; G.R. NOS. 91011-12; 24 NOV 1994]
Facts:
Prosecution’s version:
On Aug 18,1987, Eduardo Macam, Antonio Cedro, Eugenio Cawilan Jr., Danilo Roque and Ernesto Roque went to the house of Benito Macam (uncle of Eduardo Macam) located at 43 Ferma Road QC. Upon the arrival of the accused, Benito invited the former to have lunch. Benito asked his maid Salvacion Enrera to call the companions of Eduardo who were waiting 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 taken their lunch, Eduardo Macam grabbed the clutch bag of Benito Macam and pulled out his uncle’s gun then declared a hold-up. They tied up the wife (Leticia Macam), children, maid (Salvacion) and Nilo Alcantara and brought them to the room
upstairs. After a while Leticia was brought to the bathroom and after she screamed she was stabbed and killed by A. Cedro. Benito, Nilo and Salvacion was also stabbed but survived. The total value of the items taken was P536, 700.00.
Defense’s version:
Danilo Roque stated that he being a tricycle driver drove the 4 accused to Benito’s house for a fee of P50.00. Instead of paying him, he was given a calling card by Eduardo Macam so that he can be paid the following day. Upon arriving, he went with the accused inside the house to have lunch. Thereafter he washed the dishes and swept the floor. When Eugenio Cawilan pulled a gun and announced the hold-up, he was asked to gather some things and which he abided out of fear. While putting the said thins inside the car of Benito (victim) he heard the accused saying “kailangan patayin ang mga taong yan dahil kilala ako ng mga yan”. Upon hearing 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 way can be involved in the case at bar. On the following day, together with his brother, they went to the factory of the Zesto Juice (owned by the father of Eduardo Macam) for him to get his payment (50.00) . He and his brother was suddenly apprehended by the security guards and brought to the police headquarters in Q.C. They were also forced to admit certain things.
After which, he together with all the accused, in handcuffs and bore contusions on their faces caused by blows inflicted in their faces during investigation, was brought to the QC General Hospital before each surviving victims and made to line-up for identification. Eugenio Cawilan was also charged with Anti-fencing Law but was acquitted in the said case.
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.
Held:
It is appropriate to extend the counsel guarantee to critical stages of prosecution even before trial. A police line-up is considered a “critical” stage of the proceedings. Any identification of an uncounseled accused made in a police line-up is inadmissible. HOWEVER, the prosecution did not present evidence regarding appellant’s identification at the line-up. The witnesses identified the accused again in open court. Also, accused did not object to the in-court identification as being tainted by illegal line-up.
The arrest of the appellants was without a warrant. HOWEVER, they are estopped from questioning the legality of such arrest because they have not moved to quash the said information and therefore voluntarily submitted themselves to the jurisdiction of the trial court by entering a plea of not guilty and participating in trial.
The court believed the version of the prosecution. Ernesto Roque, while remaining outside the house served as a looked out.
Wherefore, decision of lower court is Affirmed. Danilo Roque and Ernesto Roque is guilty of the crime of robbery with homicide as co-conspirators of the other accused to suffer reclusion perpetua.
Things taken: 2 toygun, airgun riffle, CO2 refiller, TV, betamax tapes, betamax rewinder, Samsonite attache case, typewriter, chessboard, TOYOTA Crown Car Plate No. CAS- 997, assorted jewelry. .22 gun and money.
PEOPLE VS. DY
[158 SCRA 111; G.R. 74517; 23 FEB 1988]
Facts:
Pat. Padilla reported along with Benny Dy, with caliber .38 as suspect to the shooting incident at "Benny's Bar," at Sitio Angol, Manoc-Manoc Malay, Aklan (Boracay) situated on the Island which caused the death of Christian Langel Philippe, tourist, 24 years old and a Swiss nationale. He was charged with the Murder With the Use of Unlicensed firearms. Appellant alleges that he carried the victim to the shore to be brought to the hospital to save the latter, and who facilitated the surrender to Pat. Padilla a gun which his helper found the following morning while cleaning the bar. Accused posted bail which was granted. The accused denied having made any oral confession alleging that he went to Pat. Padilla not to report the incident but to state that a boy helper in the bar had found a gun on the sand floor while cleaning and that Pat. Padilla picked up the gun from the bar at his request. The Accused argues that even if he did make such a confession, the same would be inadmissible in evidence. He was found guilty in the RTC. Hence the appeal.
Issue:
Whether or Not the lower court correct in saying that the constitutional procedure on custodial interrogation is not applicable in the instant case.
Held:
YES. Appellant's assertion that the gun he had surrendered was merely found by a boy helper while cleaning the bar deserves no credence for, if it were so, it would have been absurd for him to have placed himself under police custody in the early morning after the incident. Sworn Complaint for "Murder with Use of Unlicensed Firearm" signed by the Chief of Police also attests to Appellant's oral confession. That Complaint forms part of the record of the proceedings before the Municipal Circuit Trial Court of Buruanga, Aklan, and is prima facie evidence of the facts therein stated. Appellant's voluntary surrender implies no violation as "no warrant of arrest is issued for the apprehension of the accused for the reason that he is already under police custody before the filing of the complaint." What was told by the Accused to Pat, Padilla was a spontaneous statement not elicited through questioning, but given in ordinary manner. No written confession was sought to be presented in evidence as a result of formal custodial investigation.