Case Digest (G.R. No. 133685-86)
Facts:
In People of the Philippines vs. Amado Bagnate (G.R. Nos. 133685–86, May 20, 2004), appellant Amado Bagnate was charged in Tabaco, Albay for the August 7, 1997 murders of his blind grandmother, Aurea Broña, and his niece, Rosalie Rayala, the latter with the additional crime of rape. The Regional Trial Court (Branch 15) conducted a joint trial on Criminal Case Nos. T-2874 (Murder) and T-2875 (Rape with Homicide). While under custodial investigation, Bagnate executed an extra-judicial confession with the assistance of court-appointed counsel, Atty. Paterno Brotamonte, after being informed of his rights in the Bicol dialect. The confession was sworn to before Judge Arsenio Base, Jr., who likewise advised him of the consequences and found no sign of coercion. At trial, Bagnate repudiated the confession, claiming coercion and that his brother-in-law and another man were the real perpetrators. No eyewitness testified to the killings; the prosecution relied on Bagnate’s confession andCase Digest (G.R. No. 133685-86)
Facts:
- Criminal charges and arraignment
- Amado Bagnate was charged in two Informations dated August 7, 1997 before the RTC of Tabaco, Albay:
- Criminal Case No. T-2874 – Murder of 70-year-old blind Aurea Broña with complicating circumstances (nocturnity, treachery, superior strength, disregard of respect due to age/sex) by hacking her with a bolo.
- Criminal Case No. T-2875 – Rape with Homicide of Rosalie Rayala by means of violence, force, intimidation, superior strength, armed with a bolo, and intent to kill.
- On December 1, 1997, accused pleaded not guilty to both charges.
- Custodial investigation and confession
- On August 7, 1997, SPO2 Ambion informed Bagnate of his rights in Bicol dialect; appellant consented to cooperate and initially gave a false name.
- Appellant requested counsel; Atty. Paterno Brotamonte was fetched, conferred privately with Bagnate, informed him of his rights, observed no physical coercion (except handcuffed left hand), and assisted in translation.
- A three-page confession in Bicol dialect (translated into English) was prepared, read, explained, and signed by both appellant and counsel; SPO1 Gonzales took photographs of the process.
- On August 8, 1997, Judge Arsenio Base, Jr. of the MTC examined Bagnate’s voluntariness, informed him of consequences, inspected his body for coercion, and administered oath; appellant re-signed the confession in the presence of counsel and judge.
- Defense repudiation and alternate narrative
- At trial, appellant disowned the confession, alleging threats by co-accused Roberto Angeles and Carlito Begil, claiming he was forced to confess.
- He presented an alibi: he was drinking with Begil and Faustino Bufi; refused to join them at Rosalie’s house; was elsewhere when the crimes occurred; fled to Bulacan; and was later apprehended.
- Defense witnesses (including Julian Baloloy) described the crime scene, saw blood and dragged marks, found victims’ bodies, and observed appellant’s blood-stained hands.
Issues:
- Was the extra-judicial confession of appellant admissible despite contention that counsel was not independent or competent and that appellant was not fully apprised of the consequences?
- Was there sufficient proof, including corpus delicti, to corroborate the extrajudicial confession and to convict appellant beyond reasonable doubt for Murder and Rape with Homicide?
- Were the aggravating circumstances properly appreciated, and were the penalties and damages correctly imposed and quantified?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)