Case Digest (G.R. No. L-43618)
Facts:
The People of the Philippines v. Rogelio Andag y Tafalla, G.R. No. L-43618. March 31, 1980, the Supreme Court En Banc, Teehankee, J., writing for the Court. The appeal is an automatic review of a death-penalty conviction rendered by the Circuit Criminal Court of the Seventh Judicial District of Pasig, Rizal on February 7, 1976 (presided by Judge Onofre A. Villaluz).The accused, Rogelio Andag y Tafalla (appellant), was charged by the Cavite assistant provincial fiscal in an Information dated April 26, 1974 with robbery with homicide allegedly committed on December 19, 1973 against Mamerto Alano. The Information accused the appellant of robbing P10.40 and, in the course thereof, assaulting and stabbing the victim causing death, and alleged aggravating circumstances (nighttime, uninhabited place, evident premeditation, treachery, and taking advantage of superior strength).
At trial the Circuit Criminal Court convicted the appellant of robbery with homicide under Article 293 in relation to section 1, Article 194 of the Revised Penal Code and imposed death, indemnity, moral and exemplary damages, and costs. The trial court's conviction rested on an extrajudicial confession (Exhibit "E"), a guilty plea allegedly entered before the municipal judge during preliminary investigation, and circumstantial facts (the appellant's presence in the area, his leaving a rehearsal, articles found near the corpse, and medical testimony about wounds).
The appellant repudiated the extrajudicial confession at trial, testifying it had been extracted by Philippine Constabulary officers through intimidation and physical maltreatment; he also asserted he was not informed of, nor afforded, the right to counsel. The municipal judge who presided over the preliminary investigation (Judge Emmanuel Montoya) testified that no counsel represented the accused and that the proceedings were hastily conducted; the judge did not identify the accused in court. The prosecution did not produce independent, direct eyewitnesses to the killing.
Under automatic review (death penalty case), the Solicitor General recommended acquittal, asserting the confession was involuntary and obtained in violation of the accused’s constitu...(Subscriber-Only)
Issues:
- Was the extrajudicial confession admissible against the accused?
- Was the guilty plea entered before the municipal judge at the preliminary investigation valid and admissible?
- Did the circumstantial evidence suffice to sustain a conviction for robbery with homicide bey...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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