Case Digest (G.R. No. 145566)
Facts:
In People of the Philippines v. Dindo a Bebot a Mojello, the Regional Trial Court of Bogo, Cebu, Branch 61 found appellant Dindo a Bebot a Mojello guilty beyond reasonable doubt of rape with homicide under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, and imposed the death penalty. The Information, dated May 22, 1997, charged that on December 15, 1996, at about 11:00 p.m., in Sitio Kota, Barangay Talisay, Santa Fe, Cebu, appellant, driven by lewd design and by means of force, violence and intimidation, unlawfully had carnal knowledge of his victim, eleven-year-old Lenlen Rayco, with mental deficiency, and in order to conceal the act, intentionally strangled her to death. At trial, Rogelio Rayco testified he saw appellant and Lenlen walking together toward Sitio Kota at about 9:00 p.m. the night before the body was found naked and bruised on the seashore at dawn of December 16. Autopsy by Dr. Nestor Sator confirmed hymenal lacerations and strangulatiCase Digest (G.R. No. 145566)
Facts:
- Procedural Background
- On May 22, 1997, appellant Dindo a Bebot a Mojello was charged by Information with rape with homicide under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659.
- He was arraigned on July 24, 1997, entered a plea of not guilty, and underwent trial. On January 21, 1999, the Regional Trial Court (RTC) of Bogo, Cebu, Branch 61, found him guilty beyond reasonable doubt and imposed the death penalty.
- Circumstances of the Crime
- On December 15, 1996, at about 9:00 p.m., Rogelio Rayco left a drinking session at Barangay Talisay, Sta. Fe, Cebu, and observed his niece, Lenlen Rayco (under 12 years old and mentally deficient), walking some thirty meters ahead with appellant toward Sitio Kota.
- Between 5:00 and 6:00 a.m. on December 16, 1996, the Rayco family was informed that Lenlen’s naked, bruised body had been found on the seashore of Sitio Kota.
- Arrest and Extrajudicial Confession
- Appellant was arrested in Bantayan while boarding a motor launch bound for Cadiz City. During a custodial investigation by SPO2 Wilfredo Giducos, he admitted raping and killing Lenlen.
- On December 23, 1996, appellant executed an extrajudicial confession in the presence of his chosen counsel, Atty. Isaias Giduquio, and witnesses Barangay Captains Wilfredo Batobalanos and Manolo Landao. The confession was sworn before Judge Cornelio T. Jaca.
- Medico-Legal Findings
- On December 21, 1996, Dr. Nestor Sator conducted an autopsy showing swelling of the labia majora and hymenal lacerations, indicating rape.
- Dr. Sator also found froth in the lungs and neck contusions, concluding death by asphyxia from strangulation and physical injuries to the head and trunk.
Issues:
- Whether appellant’s extrajudicial confession is admissible in evidence.
- Whether appellant is guilty beyond reasonable doubt of the special complex crime of rape with homicide.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)