Case Digest (G.R. No. 146486)
Facts:
On January 27, 1986 at around 10:00 PM, six armed men forcibly entered the Polo Coconut Plantation in Tanjay, Negros Oriental. Security Guard Antonio Salva positively identified four of the intruders as Aurelio Bandula y Lopez, Teofilo Dionanao, Victoriano Ejan and Pantaleon Sedigo, while two others remained masked as “Boy Tall” and “Boy Short.” The assailants disarmed and hog-tied Salva and Leoncio Pastrano, the plantation’s Chief of Security, then proceeded to the house of Attorney Juanito Garay, the plantation manager. There they ransacked the premises, seized valuables and cash, and shot Garay three times, resulting in his death. Salva and Pastrano later unbound themselves, reported the incident to the police, and discovered Garay’s body near the compound gate. Following their arrest days later, Dionanao and Bandula executed extrajudicial confessions—first without counsel during custodial interrogation and later countersigned before Municipal Attorney Ruben Zerna—and incrim
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Case Digest (G.R. No. 146486)
Facts:
- Raid and robbery
- On 27 January 1986 at around 10:00 PM, six armed assailants—aurelio Bandula, Teofilo Dionanao, Victoriano Ejan, Pantaleon Sedigo and two masked men (“Boy Tall” and “Boy Short”)—invaded the Polo Coconut Plantation in Tanjay, Negros Oriental.
- They hog-tied Security Guard Antonio Salva and Foreman Leoncio Pastrano, disarmed them, then forced their way into Atty. Juanito Garay’s house, ransacking it and stealing money and valuables.
- Homicide and aftermath
- Atty. Garay was shot three times and his body was found outside the compound gate minutes later.
- Salva and Pastrano escaped, reported the crime to authorities, and identified the intruders; police recovered three revolvers from Jovito Marimat Jr., a shotgun and other items from a relative of Ejan, and money from Sedigo.
- Arrests, confessions, and trial
- Bandula and Dionanao allegedly executed extrajudicial confessions during custodial investigations; Ejan made an admission about the shotgun; Sedigo’s possession of money was deemed suspicious.
- All four accused claimed they were beaten, denied counsel, coerced into signing blank or unknown papers; the trial court admitted the confessions and identification by Salva, convicted Bandula of robbery with homicide, and acquitted the others as mere bystanders.
Issues:
- Are the extrajudicial confessions of Bandula and Dionanao admissible in evidence given the alleged denial of counsel and use of violence?
- Does Municipal Attorney Ruben Zerna qualify as “competent and independent counsel” under Section 12, Article III of the 1987 Constitution?
- Is the lone positive identification by witness Salva sufficient to establish guilt beyond reasonable doubt?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)