Case Digest (G.R. No. L-17234)
Facts:
The People of the Philippines v. Nicolas Mojica y Gira, G.R. No. L-17234, March 31, 1964, the Supreme Court En Banc, Per Curiam. This is a review of the judgment of the Court of First Instance of Rizal convicting Nicolas Mojica of murder and sentencing him to death.Appellant Mojica and Primitivo Ala were charged with the murder of prisoner Ruperto Artus on March 24, 1959, at the New Bilibid Prisons, Muntinlupa, Rizal. Ala pleaded guilty at arraignment and was sentenced to death by the trial court; that conviction was later affirmed by this Court in G.R. No. L-15633 (decided August 31, 1960). Mojica did not plead guilty; after trial he was found guilty as charged and likewise sentenced to death. The present decision reviews the trial court’s conviction of Mojica.
The factual narrative admitted at trial was that at about 4:15 p.m. an OXO gang leader, Gabriel Buclatin, had been stabbed to death by members of the Sigue‑sigue gang; at about 6:00 p.m. Ruperto Artus was stabbed in Cell No. 1, Dormitory 3‑C. Immediately after the killing Mojica and Ala offered to surrender to prison guard Jose Magkalas; before they were brought out they were ordered to throw the weapons used (an icepick and a flat pointed instrument) out the cell window. Mojica was seen inside the cell holding the flat pointed instrument later marked as Exhibit “A” and both men had blood on their clothes and hands.
Both accused made statements admitting the stabbing. Mojica’s extra‑judicial confession was subscribed and sworn before the Acting Assistant Director of Prisons and was witnessed by prison guards; Benito Geronimo took down the confession and Benjamin Aman witnessed the investigation. At trial Mojica admitted gang membership but denied guilt, claiming his extra‑judicial confession was coerced (beating by unidentified men in khaki pants) and that his surrender and admission had been forced by OXO leaders; he also asserted that blood on his hands had been smeared by Ala. The trial court convicted; on review the Court found substantial corroboration of Mojica’s extra‑judicial confession (weapon in his hand, matching wounds on the victim, confessions by both accused, and testimony of guard Magkalas) and rejected Mojica’s claims of coercion and fabrication.
The Court concluded that conspiracy, evident premeditation and treachery attended the killing; the victim suffered numerous stab wounds in vital parts and the attack was sudden. Considering Ala’s judicial confession (noted as mitigation), the established co...(Subscriber-Only)
Issues:
- Was Mojica’s extra‑judicial confession admissible and voluntary?
- Was the evidence sufficient to convict Mojica of murder?
- Did the attendant circumstances (conspiracy, evident premeditation, treachery, commission while serving sentence) justify imposition of...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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