Facts:

• Dominador Gavarra was accused of raping and murdering eight-year-old Celerina Lepiten Leyco on August 19, 1972, in Matnog, Sorsogon.
• Charges for Rape with Murder were filed against Gavarra by the Assistant Provincial Fiscal on October 4, 1972.
• The prosecution alleged that Gavarra used violence and intimidation to sexually assault Celerina and subsequently killed her with a bolo.
• During his arraignment on November 15, 1972, Gavarra pleaded not guilty.
• The lower court convicted him of attempted rape with homicide, sentencing him to death and ordering P12,000 in indemnity to the victim's heirs.
• The Supreme Court automatically reviewed the case due to the imposition of the death penalty.
• The evidence presented was largely circumstantial, with a significant extrajudicial confession from Gavarra, which he later claimed was coerced.
• The trial court accepted the confession as admissible and credible, leading to Gavarra's conviction.

Issue:

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Ruling:

• The Supreme Court modified the lower court's ruling, finding Gavarra guilty of murder instead of attempted rape with homicide.
• The Court upheld the admissibility and credibility of the extrajudicial confession, rejecting claims of coercion.
• Gavarra's voluntary desistance from rape precluded a conviction for attempted rape.
• An indeterminate penalty of twelve years and one day of reclus...(Unlock)

Ratio:

• The decision was based on the admissibility and credibility of Gavarra's extrajudicial confession, which was deemed voluntary and supported by surrounding circumstances.
• The confession was made prior to the 1973 Constitution, which did not require the presence of counsel for admissibility.
• The trial court's findings regarding the confession were upheld due to insufficient evidence of...continue reading