Case Digest (G.R. No. 97437-39)
Case Digest (G.R. No. 97437-39)
Facts:
People of the Philippines v. Josue Molas, G.R. Nos. 97437-39, February 05, 1993, Supreme Court First Division, Grinoaquino, J., writing for the Court.The accused-appellant, Josue Molas, was charged in three separate Informations (Criminal Cases Nos. 5811–5813, filed June 3, 1983) with the murder of Dulcesima Resonable, Abelardo Resonable (an eight‑year‑old boy), and Soledad Resonable, respectively. The three cases arose from a single incident on the evening of February 2, 1983 at Sitio Inas, Dobdob, Valencia, Negros Oriental, and were jointly tried because they involved the same accused and substantially the same evidence. Molas pleaded not guilty at arraignment.
The prosecution established that Molas was the fiancé of Dulcesima; Dulcesima and Abelardo were children of Soledad and Bernardo Resonable. Around 6:00 p.m. on February 2, 1983 Bernardo discovered Abelardo bleeding and reported that Abelardo stated that Molas inflicted his and his relatives’ wounds. Dulcesima and Soledad were found dead near the family store; Abelardo died the next day at the provincial hospital. At dawn on February 3, 1983 Molas surrendered to Patrolman Geronimo Vallega at Pamplona municipal hall, carrying a blood‑stained hunting knife which he later said was the murder weapon; he was detained and later transferred to the Valencia Police Station.
After initially refusing to make a statement, on March 10, 1983 Molas gave a sworn extrajudicial statement taken down by Patrolman Paquito Fetalvero at the Valencia Police Station, which Molas signed before the Municipal Judge after a Cebuano translation had been made. In the statement Molas narrated that a violent scuffle occurred between him, his fiancée and her mother Soledad; he admitted stabbing Soledad, Abelardo and Dulcesima. At trial Molas testified in his own behalf and gave an exculpatory account that unidentified persons attacked and fled, denied knowledge of the English‑language affidavit’s contents and asserted alleged police mistreatment.
The Regional Trial Court, Branch 44, Dumaguete City, after observing witnesses and weighing the evidence, disbelieved Molas’ exculpatory testimony as inconsistent and convicted him on August 10, 1990 of three counts of murder, sentencing him to reclusion perpetua in each case and ordering P30,000.00 death indemnity per victim. Molas appealed, contesting (1) the admission of his extrajudicial confession made without counsel, (2) reliance on Abelardo’s dying declaration, and (3) sufficiency of evidence to prove guilt beyond reasonable doubt. The case reached this Court on appeal.
Issues:
- Was the extrajudicial confession given by Josue Molas admissible despite being executed without the assistance of counsel?
- Was Abelardo Resonable’s statement admissible as a dying declaration?
- Was the evidence sufficient to convict Molas beyond reasonable doubt and, if so, were the killings murder with any qualifying circumstance?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)