Facts:
On November 3, 1977,
Rolando Abellana, a taxi driver, was found dead at Dona Faustina Village, Quezon City, with stab wounds on his chest and neck. Dr. Rolando Madrid, Medico-Legal Officer of the NBI, conducted an autopsy and issued a necropsy report concluding that the cause of death was
hemorrhage, acute and profuse, secondary to
multiple stab wounds on the chest and neck. On November 23, 1977,
Jovito Tujon y Tapel and
Ernesto Parola y Cortina were arrested by the police and were allegedly brought to the Criminal Investigation Division, Quezon City Police Department, where they supposedly
confessed to the killing. On December 1, 1977, Assistant Fiscal Jesus T. Baldonado filed an information in the Court of First Instance of Rizal, Seventh Judicial District, Quezon City, charging both accused with
Robbery with Homicide under
Article 294, paragraph 1 of the Revised Penal Code as amended. The information alleged that, with intent of gain and by means of violence and intimidation, the accused conspired with each other and other co-accused to rob Abellana, who was stabbed during a struggle and died as a direct and immediate result, and that after the attack the perpetrators carried away Abellana’s day’s earnings amounting to PHP 180.00. Upon arraignment, both accused pleaded
not guilty and proceeded to trial. There was no eyewitness for the prosecution. The prosecution’s principal evidence consisted of the accused’s respective
extra-judicial confessions taken by Det. Armando B. Estrada, plus the testimony of Dr. Romulo Madrid as to the nature and probable weapon of the fatal injuries, and the testimony of Fiscal Jesus T. Baldonado rebutting allegations concerning the taking of the statements. Det. Estrada testified that he advised the accused of the rights to remain silent and to counsel and that the accused agreed to give statements, and that he took their confessions
without a lawyer. The trial court convicted
Jovito Tujon and
Ernesto Parola and sentenced them to
reclusion perpetua, ordering them to pay, jointly and severally, the heirs of Abellana PHP 18,000.00 as indemnification for death and PHP 180.00 as the money stolen, with accessory penalties prescribed by law. During the pendency of the case,
Ernesto Parola escaped after arraignment and had not been re-arrested.
Cesar Paredes remained at large and had not been arraigned before the trial court. On appeal, the defense argued that conviction rested on confessions that were
inadmissible because they were taken
without counsel and without a valid, knowing, and intelligent waiver of the right to counsel, and that the confessions were also inconsistent and unworthy of belief.
Issues:
Whether the trial court erred in convicting
Jovito Tujon y Tapel and
Ernesto Parola y Cortina of
Robbery with Homicide based mainly on their
extra-judicial confessions that were allegedly taken without counsel and with an invalid waiver of the right to counsel, and whether the prosecution proved guilt beyond reasonable doubt.
Ruling:
Ratio:
Doctrine: