G.R. No. L-41462 - People vs. Dino

The case originated as an appeal by three accused—Remy Dino, Jose Dequito, and Salvador Dequito—from the decision of the Court of First Instance of Iloilo, Branch III, which found each guilty of three counts of rape with homicide and sentenced them to three penalties of reclusion perpetua, in addition to ordering indemnification and the payment of costs.
On November 26, 1985, Salvador and Jose Dequito filed an Urgent Motion to Withdraw Appeal, which was granted, leaving Remy Dino as the sole appellant in the subsequent appeal.

On November 13, 1973, in Barrio Tambuelan, Municipality of Dumangas, Iloilo, the incident occurred involving the victim, Melinda Boglosa, and the accused.

Roberto Dumancas, a ten-year-old relative of Remy Dino, was herding his carabao in a rice field when he observed the accused from about 50 meters away.
Melinda Boglosa appeared on the scene; as she neared the group, Salvador Dequito abruptly pulled her down, causing her to fall onto the rice paddy.

Remy Dino held the victim’s hands while Jose Dequito held her legs as Salvador Dequito, after removing his pants and underwear, initiated sexual abuse by having carnal knowledge of her.
Subsequently, Remy Dino and Jose Dequito took turns abusing her, after which Salvador Dequito choked her and struck her forehead with an engine cranker before they dragged her to a waterlogged rice paddy, leading to her death.

Roberto Dumancas, having witnessed the entire incident, initially sought cover behind talahib and later reported the incident to a relative named Fe and subsequently to the authorities.
Various witnesses including residents and local officials corroborated aspects of the incident, with testimonies detailing the sequence and nature of the abuse as well as the actions immediately after the crime.

The NBI Medico-Legal Officer’s necropsy report confirmed that Melinda Boglosa had been sexually abused, sustained injuries (including a lacerated hymen and evidence of blunt force trauma), and ultimately died from asphyxia by strangulation and drowning.
Micro-chemical tests on vaginal fluids were positive for seminal fluid and spermatozoa, further substantiating the occurrence of rape.

Testimony of Roberto Dumancas, the sole eyewitness, who identified Remy Dino and described in detail the roles played by each accused in the commission of the crime.
Testimonies from additional witnesses, including local residents (e.g., Marcelino and Simon Dequito) and the medico-legal officer, who provided objective corroboration of both the physical evidence and the sequence of events.

A detailed written statement and separate memoranda outlining the events of the day, including an alibi involving activities such as singing at Dominic Doronilla’s house, borrowing a carabao and cart for transporting ice, and feeding birds with Kathleen Hustace, an American Peace Corps volunteer residing in the barrio.
Testimony by Remy Dino himself recounting his movements on November 13, 1973, and his account of being subjected to forced confessions and maltreatment by police during his investigation.
Testimonies regarding alleged maltreatment by PC soldiers, including the accounts of physical abuse and coercion, which the defense argued undermined the credibility of key evidence, notably the extra-judicial confession.

Remy Dino’s extra-judicial confession was executed on November 19, 1973, before a notary (Atty. Salvador Solis) and documented in detail the role of each accused in the crime.
The defense contended that the confession was extracted under circumstances of force and intimidation and that the accused was not adequately informed of his constitutional rights as required by Section 20, Article IV of the 1973 Constitution.
Although the confession was used by the prosecution, the court noted that its evidentiary value was diminished in light of the alleged constitutional irregularities.

The lower court rendered its decision based on the available oral and documentary evidence, including stenographic notes recorded during the trial.
Despite the previous resignation of the judge who took the original testimony (Judge Castrense C. Veloso), the successor judge (Judge Numeriano G. Estenzo) was permitted to decide the case based on the complete cold record.
The court emphasized practical considerations on the continuity of the trial record when a judge is replaced, highlighting precedents that validate decisions based on extant stenographic and documentary evidence.

Whether rendering a decision without a complete transcript of the stenographic notes, due to the resignation of the original trial judge, constitutes a reversible error.
If reliance on the cold record and separate memoranda of testimony is legally sufficient to support the verdict.

The admissibility and reliability of the testimony given by Roberto Dumancas, a ten-year-old eyewitness, in identifying Remy Dino and detailing the crime.
Whether the potential limitations in the minor’s knowledge (e.g., use of nicknames for other accused) affect the overall credibility of his testimony.

Whether the confession by Remy Dino, obtained on November 19, 1973, was procured with adequate warning of constitutional rights to remain silent and counsel, as mandated by the 1973 Constitution.
The legal implications of admitting evidence that may have been secured through force or intimidation.

The relevance and strength of the defense's alibi involving Remy Dino’s activities with Kathleen Hustace at the time of the alleged crime.
Whether the testimony regarding the feeding of birds effectively establishes an alibi given the proximity and timing relative to the crime.

Whether the imposition of three penalties of reclusion perpetua against Remy Dino is supported by the facts, considering the acts committed in concert with his co-accused.
If the applicable penalty should be the death penalty or reclusion perpetua, especially in view of constitutional modifications abolishing the death penalty.