Case Digest (G.R. No. 150731)
Facts:
In the case of *The People of the Philippines vs. Antonio Gajetas*, G.R. No. L-38325, decided on February 24, 1981, the Court of First Instance of Romblon imposed the death penalty on Antonio Gajetas for the crime of attempted rape with homicide. The events unfolded on the evening of January 6, 1972, when Panchita Fosana Ramilo met her tragic end within her home, located in sitio Canlumay, barrio Tumingad, Odiongan, Romblon. At the time of her demise, she was alone with her two young daughters aged 4 and 1 ¼ years, while her husband, Gerundio Ramilo, was away in Batangas. The gruesome discovery of her body occurred at approximately 6:00 a.m. on January 7, 1972, when Miguel Ramilo, Gerundio’s brother, found bloodstains outside the house and heard Necy, the deceased's eldest daughter, declare that her mother was dead. Upon entering the house, he found Panchita lying face down on the bedroom floor.The investigation revealed that Panchita died from hemorrhage caused by several lac
Case Digest (G.R. No. 150731)
Facts:
- Chronology of the Crime
- On January 6, 1972, between 8 to 12 o’clock in the evening, Panchita Fosana Ramilo was fatally injured in her own residence in sitio Canlumay, barrio Tumingad, Odiongan, Romblon.
- At the time of the incident, only her two young daughters (aged 4 years and 1 year 3 months) were present; her husband, Gerundio Ramilo, was in Batangas.
- The crime was discovered on January 7, 1972, around 6 o’clock in the morning by Miguel Ramilo, who found bloodstains and, after calling out, identified the body when his niece, Necy Ramilo, informed him of her mother’s death.
- Investigation and Evidence
- Policeman Manuel Fabroa, accompanied by officers Freddie Fojas and Miguel Ramilo, conducted a preliminary investigation at the scene and prepared a sketch (Exh. B) along with collecting physical evidence such as strands of hair (Exh. C).
- A post-mortem examination was performed by Dr. Julian Ornum at the house of the deceased’s sister, Patria Fetalvero, which revealed multiple lacerated wounds on the victim’s neck and shoulders, with the most fatal injury being on the right side of the neck. The report (Exh. A) indicated that a bolo or scythe might have been the weapon used.
- Arrest and Charges
- On January 11, 1972, a complaint for “Attempted Rape with Double Murder” was filed against Antonio Gajetas and Francisco Gajetas in the Municipal Court of Odiongan, Romblon.
- During the second stage of the preliminary investigation, both accused were arraigned and entered their pleas.
- Francisco Gajetas pleaded “Not Guilty.”
- Antonio Gajetas admitted to killing Panchita Fosana Ramilo but denied any conspiracy, treachery, or premeditation in relation to the rape charge, and he expressly did not plead guilty to the double murder or the qualifying circumstances.
- Information Filed in the Court of First Instance
- The Assistant Provincial Fiscal of Romblon accused the Gajetas brothers of conspiring to commit rape with homicide, stating that the accused assaulted the deceased with a scythe after attempting to have carnal knowledge of her against her will.
- The complaint emphasized the aggravating circumstance that the offense was committed in the victim’s dwelling where she did not give any provocation.
- Trial Proceedings and Evidence
- During trial, evidence was primarily based on:
- The extra-judicial confession of Antonio Gajetas recorded on two pages (Exhibits D and D-1), where he admitted to:
- Approaching the victim at her house with his brother Francisco, asking for sexual intercourse.
- Embracing and kissing her, which escalated to him scything her on the neck.
- Detailing the sequence of events that led to her death, including Francisco’s involvement (stabbing her with a bolo).
- Testimonies regarding the scene, including that of a young witness, Necy Ramilo, despite her tender years which the trial court noted could not be solely relied upon due to inconsistencies and her inability to be sworn in.
- The prosecution’s case was bolstered by corroborative physical evidence (the post-mortem report, sketches, and recovered weapon) and the chain of events narrated in the confession.
- Claims of Coercion and Alibi
- Antonio Gajetas claimed that his confession was involuntary, alleging that:
- He and his brother were taken to the PC barracks where, upon their refusal to admit guilt, they were beaten, forced to perform demeaning acts, and coerced through various forms of physical abuse and intimidation.
- He asserted an alibi stating that on the evening of January 6, 1972, he was at home with his seven children along with Francisco and that they did not leave the house.
- These claims were rebutted by:
- Testimonies from Sgt. Fortunato Tome, Patrolman Manuel Fabroa, and Corporal Pablo Famatiga, who affirmed that no force or intimidation was used in obtaining the statements.
- Evidence that contradicted the alibi, including the proximity of the victim’s residence (approximately 3.5 kilometers away) and the detailed sequence in the extra-judicial confession.
- Final Judgment at Trial
- The trial court found Antonio Gajetas guilty beyond reasonable doubt of the complex crime of attempted rape with homicide.
- Francisco Gajetas was acquitted due to insufficient evidence proving his guilt.
- The court sentenced Antonio to death penalty, alongside indemnifying the heirs of the deceased; however, later developments regarding the imposition of the death penalty were noted, leading ultimately to reclusion perpetua upon a review.
Issues:
- Admissibility and Voluntariness of the Confession
- Whether Antonio Gajetas’s extra-judicial confession was voluntarily given or unlawfully extracted by coercion and intimidation.
- Whether the testimonies of the investigating officers and defense witness sufficiently rebut the claim of coercion.
- Nature of the Overt Act in Attempted Rape
- Whether the act of embracing and kissing the victim constitutes an overt act that commences the perpetration of the rape.
- Whether such acts are sufficiently linked to the criminal intent of having carnal knowledge of the victim against her will.
- Validity of the Alibi Defense
- Whether the defense alibi (stating that the accused was at home with his children) is credible in light of the presented evidence and the extra-judicial confession.
- Whether the proximity of the accused’s residence to the scene of the crime undermines the alibi.
- Appropriateness of the Criminal Charges and Sentence
- Whether the conviction for attempted rape with homicide is appropriate given the facts and the nature of the evidence.
- Whether the imposition of the death penalty (later modified to reclusion perpetua) is consistent with the established legal standards and the required vote for such imposition.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)