G.R. No. 17230 - Velasco vs. Aw Yong Chiow Soo

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee.
MARIETTA PATUNGAN Y PULGA, Accused-Appellant, charged with parricide.
EDGAR ACEBUCHE Y CERVITO, Accused-Appellant, charged with murder.
ELMERTO PULGA Y ACEBUCHE, Accused-Appellant, charged with murder and later judicially admitting facts.

May 22, 1994, about 10:00 p.m.: Antonio Altarejos and Antonia Eluzon saw a van belonging to Alejandro Patungan parked beside the chapel on Laura Calderon St.; two men were seated inside, identified as Elmerto Pulga (driver) and Edgar Acebuche.
That night Elmerto drove the van to a vacant lot near Commonwealth Avenue to permit another car to park in front of the chapel.
Early morning May 23, 1994, about 3:00–3:30 a.m.: Antonio and Antonia saw Alejandro and Marietta Patungan outside their house; Marietta allegedly returned to the house while Alejandro proceeded alone.
May 24, 1994, about 3:45 p.m.: Decomposing body of Alejandro Patungan found inside his van parked along Don Quixote St., Sampaloc, Manila.
May 24, 1994, 7:00 p.m.: Autopsy by WPD-PNP Medico-Legal Section; findings included multiple external and internal stab wounds, ligature mark around the neck, massive thoracic and peritoneal bleeding, and decomposition; cause of death stated as "Multiple stab wounds and ligature strangulation."

August 16, 1994: Information filed charging Marietta with parricide and Edgar and Elmerto with murder alleging conspiracy, evident premeditation, treachery and use of a motor vehicle.
September 6, 1994: All three accused pleaded "not guilty."
March 16, 1999: Trial court convicted all three — Marietta guilty of parricide; Edgar and Elmerto guilty of murder with treachery and evident premeditation; sentenced to death and ordered to pay indemnity, actual and moral damages.

Eyewitnesses Antonio Altarejos and Antonia Eluzon testified to seeing the van occupants and the victim with Marietta at early dawn.
Medical evidence: Autopsy report detailing decomposition, number and location of stab wounds (including three in the upper lobe of left lung and 51 in the abdomen), ligature mark, and internal organ injuries.
Extra-judicial confession of Elmerto dated August 11, 1994 (marked Exh. 1) recounting his participation, alleging he acted at the behest of his sister Marietta, and implicating cousin Edgar as the stabber; it narrated planning, the role of Marietta and her lover Jun Acebuche, and described the killing and disposal of the body.
Testimony of Adelaida Patungan (sister of deceased) to establish motive: alleged affair between Marietta and Jun Acebuche; corroborative anecdotes of intimacy.
Testimony of victim’s mother establishing funeral expenses of P80,000, admitted by defense.

Marietta testified she accompanied her husband early dawn on May 23 to buy flowers, returned home to get a tape, and denied involvement; she stated she was questioned by police on August 9,...(Subscriber-Only)

Whether Elmerto's extra-judicial confession dated August 11, 1994 was voluntarily executed and admissible in evidence given the constitutional right to counsel and allegations of custodial coercion.
Whether the presence of an IBP lawyer who was distracted satisfied the constitutional requirement of *effective*, *independent* and competent counsel under Section 12(1), Article III of the Constitution.

Whether, absent the extra-judicial confession, the remaining evidence proved beyond reasonable doubt the alleged conspiracy among Marietta, Edgar and Elmerto to commit homicide/parricide.
Whether the prosecution proved the qualifying circumstances (treachery and evident premeditation) necessary for conviction of murder as charged.

Whether Elmerto's allegations of torture and denial of counsel were credible and sufficient to render his extra-judicial confession inadmissible.
Whether other prosecution evidence (eyewitness sightings, motive proof, alleged suicide attempt ...(Subscriber-Only)