Case Digest (G.R. No. 36173)
Facts:
The People of the Philippine Islands prosecuted Maria Orifon for the murder of her father. At the preliminary investigation she pleaded guilty but pleaded not guilty at arraignment; the Court of First Instance convicted her and sentenced her to cadena perpetua. The principal evidence was a written confession in Ilocano dated July 13, 1931, transcribed in Spanish in the record; no objection to its admission was made at trial, and on appeal counsel raised only that the Spanish translation was not identified or certified.
The record showed the confession located the events in Sagpatan, Dingras, Ilocos Norte, described the killing, and stated concealment of the weapon; the Supreme Court received assurance from a member with personal knowledge of Ilocano that the Spanish translation was substantially correct and found independent corroboratory evidence supporting admission of the confession.
Issues:
- May the Court consider a confession written in a dialect where the Spanish translation in the record is not identified or certified?
- Must the sentence of cadena perpetua be modified in view of the Revised Penal Code and may the Court recommend clemency under the circumstances?
Ruling:
The Court accepted the Spanish translation as substantially correct based on a member's personal knowledge and, finding sufficient independent corroboration, affirmed the conviction. The Court modified the sentence from cadena perpetua to reclusion perpetua as required by the Revised Penal Code and, invoking Article 5, second paragraph, of the Revised Penal Code, submitted to the Chief Executive through the Department of Justice its opinion that the penalty was excessive and merited clemency; Justice Street concurred but urged full pardon.
Ratio:
Admission of the confession was proper because counsel made no trial objection to its admission, there was corroboratory evidence independent of the statement, and the Court verified the translation's substantial correctness through a member familiar with the dialect. The sentence was modified because the penalty of cadena perpetua no longer exists under the Revised Penal Code, and the Court used Article 5, second paragraph, of the Revised Penal Code to recommend executive clemency given the accused's mitigating circumstances.
Doctrine:
- A written confession in a dialect may be received when a court can verify that the record translation is substantially correct, *cf.* Dionisio vs. Dionisio, 45 Phil. 609, 611.
- A confession, if voluntary and corroborated by independent evidence, is admissible and may support conviction.
- When a penalty is abolished or altered by the Revised Penal Code, the sentence must be modified to the corresponding penalty under the Code.
- The Court may submit a recommendation of mercy under Article 5, second paragraph, of the Revised Penal Code when the imposed penalty is excessive in view of the offender's condition and circumstances.