G.R. No. 239480 - People vs. Senarosa

The People of the Philippines charged Mario Esperidion, Albecio Nadura Jr., Gideon SeAarosa and Percival Relimbo with Murder (Crim. Case No. 4496) and Frustrated Murder (Crim. Case No. 4497) for the May 3, 1995 ambush of a pick-up truck in Barangay Fulgencio, Kalibo, Aklan.
The Regional Trial Court (Branch 9, Kalibo) on April 26, 2004 convicted all four accused of Murder (death of Phil Feliciano) and Frustrated Murder (injuries to Gualberto Codesta), sentencing them to death (later modified under the Indeterminate Sentence Law) and imposing indemnity and damages. Relimbo’s charge was later dismissed; proceedings against Nadura abated by his death.

On the evening of May 3, 1995, Phil Feliciano and companions (including Codesta, Ex Feliciano, and Melbeth Feliciano) were ambushed while transporting prawns. Phil died from gunshot wounds; Codesta sustained leg and hand injuries.
Witnesses testified:

Codesta saw the first volley, was hit in right leg and left hand, then hid under the wheel.
Ex Feliciano fled into a ravine, later identified Esperidion and Nadura approaching the truck.
Melbeth saw two men in camouflage near a motorcycle before the attack, then two others firing at the truck (later identified as Esperidion and SeAarosa) and saw Nadura and Relimbo ride by afterwards.

A checkpoint was set up the next morning at the junction to Barangays Fulgencio and Camaligan. Police stopped a jeep from Camaligan, ordered passengers down, and arrested SeAarosa—observing he looked pale and his pants were wet. His bag, when opened, contained wet military uniforms, camouflage fatigues labeled “Sgt. Flores Relimbo,” a rifle grenade, and documents in Esperidion’s name.
SPO3 Subong took SeAarosa’s extrajudicial confession in the presence of Atty. Federico Llasus; C/Insp. Baldevieso’s paraffin test on SeAarosa’s hands proved positive for gunpowder nitrates.

Whether the warrantless search and seizure of SeAarosa’s person and belongings at the checkpoint violated his right against unreasonable searches and seizures under Art. III, Sec. 2 of the 1987 Constitution.
Whether SeAarosa’s extrajudicial confession was admissible, given his right under Art. III, Sec. 12 of the Constitution and R.A. 7438 to be informed of rights and to have competent counsel of his own choice.