G.R. No. L-38859 - People vs. Vizcarra

Case Digest (G.R. No. L-38859)
Standard Advanced

Facts:

Background of the Crime

The victim, Erlinda Manzano, was a 14-year-old maiden employed as a waitress at Lily’s Restaurant in Novaliches, Quezon City.
On the night of June 25, 1969, Erlinda failed to return home, prompting her parents to search for her and report her disappearance to the Quezon City Police Department.

Discovery of the Victim and Autopsy Findings

Two days later, her lifeless, almost naked body was found in a grassy area of a vacant lot behind an ice plant at Dumalay Street, Novaliches, Quezon City; a piece of clothing was tied around her neck.
Dr. Ernesto Baylon, the attending medico-legal officer for the Quezon City Police Department, noted that the protrusion of the tongue was due to excessive pressure on her neck, suggesting strangulation as the probable cause of death.
Dr. Ernesto Gimenez of the NBI, who performed the autopsy, confirmed that asphyxia by ligature strangulation was the cause of death, noting:

The ligature was a cloth resembling a portion of a "sando" shirt and was still found tied around the victim’s neck.
Genital findings indicated non-consensual, forceful sexual intercourse with multiple men.
The presence of deep teeth marks on the left breast and abrasions on the forearm suggested assault by fingernails.

Dr. Ernesto Brion corroborated these findings and pointed out that the laceration on the victim’s genitals might have resulted from intercourse occurring before or within minutes after death.

Investigation and Arrests

The Quezon City Police and the PC Criminal Investigation Service (CIS) conducted a massive manhunt based on confidential reports.
Several individuals, including Leobino Salamatin, Jose delos Reyes, Liberato Fernando, among others, were taken into custody.
In their written statements to CIS agents, the suspects admitted to taking turns in raping Erlinda, and they implicated Danilo Vizcarra as the one who strangled her.

Filing of the Complaint and Charges

On August 2, 1969, a verified complaint was jointly filed by the victim’s father and an Assistant Fiscal in the Court of First Instance of Rizal, Quezon City.
The complaint charged Danilo Vizcarra, Rogelio Vizmanos, Leobino Salamatin, Jose delos Reyes, Liberato Fernando, Patricio Verdote, and Rodolfo Bagtasos with the crime of rape with homicide.
The complaint detailed that the accused conspired to commit successive rapes against Erlinda and murdered her, citing aggravating circumstances such as:

The crime was committed at night to facilitate its execution.
Superior strength and coordinated means were used to subdue and debilitate the victim.
The act was intentionally aggravated by additional wrongful actions.

Testimonies and Evidence Presented at Trial

State witness Rodolfo Bagtasos testified extensively, recounting:

How he, along with other co-appellants, waited at a vacant lot for Danilo Vizcarra and Jose delos Reyes to arrive with the victim.
The sequence in which the accused took turns in sexually assaulting Erlinda, with detailed descriptions of actions such as removal of the victim’s clothing, physical restraint, and the order of abuse.
The moment when, after the abuses, Danilo Vizcarra strangled the victim, which was evidenced by the manner in which a plastic-like string was used, resulting in the protrusion of her tongue.

The trial recorded several extrajudicial statements (Exhibits D, G, and H) wherein:

Appellants admitted to participating in the successive rapes.
Their confessions were made both in writing and publicly during a televised interview in the presence of Lt. Col. Pelagio Perez and the press.

The defense of alibi was raised by the appellants:

Each accused provided details of their whereabouts during the time of the incident, which ranged from driving with companions to watching television.
The trial court rejected the alibi defense on the basis that it could not overcome the clear and explicit identification by witness Bagtasos, as well as established legal precedents regarding the weakness of alibi defenses.

Medical and Physical Evidence Regarding the Accused

Accused were examined by Dr. Ernesto Baylon, who noted that there were no visible signs of injury on their persons.
This finding contradicted the appellants’ claim of having been subjected to any form of maltreatment or torture during their apprehension.

Supreme Court Review and Final Imposition of Sentences

The Supreme Court reviewed the lower court’s decision which had sentenced the accused—Danilo Vizcarra, Leobino Salamatin, Jose delos Reyes, and Liberato Fernando—to death for rape with homicide.
The review considered issues on the credibility of testimonies, admissibility of extrajudicial confessions, and the implications of conspiracy among the accused.
The Court noted that although all accused conspired and participated in successive rapes, only Danilo Vizcarra was clearly implicated in the act of strangulation causing death.
Nonetheless, given the overwhelming evidence of their collective crime and the aggravating circumstances, the Court modified the lower court’s judgment to impose four separate death penalties on each accused for the four distinct capital felonies committed.

Issues:

Sufficiency and Credibility of Witness Testimony

Whether the state witness Bagtasos’ testimony, despite a minor inconsistency, was credible and reliable enough to establish the guilt of the accused beyond reasonable doubt.
The admissibility and weight of the extrajudicial statements made by the appellants in corroborating the state witness evidence.

Validity of the Alibi Defense

Whether the appellants’ alibi defense, based on their claims of differing whereabouts at the time of the crime, could overcome the positive identification made by the state witness.
The legal standard pertaining to the establishment of an alibi, which requires proving the impossibility of the accused being present at the scene before or after the time claimed.

Liability for the Homicidal Act

Whether all co-accused should be held equally responsible for the killing, given that evidence pointed to Danilo Vizcarra as the one who committed the act of strangulation.
The extent to which passive participation in the rapes, without direct engagement in the homicide, amounts to criminal liability for the death of the victim.

Application of the Conspiracy Rule under Section 27, Rule 130

Whether Danilo Vizcarra’s claim that the testimony of a co-conspirator should be supported by additional evidence before being admitted as evidence against him is valid.
The differentiation between extrajudicial acts/declarations and live court testimony of a co-accused, in terms of evidentiary requirements.

Appropriateness of the Imposition of Multiple Death Penalties

Whether the imposition of four death sentences for four separate, capital offenses is justified based on the nature of the crimes and the aggravating circumstances.
The significance of multiple death penalties as a deterrent and as a measure of the accused’s extreme criminal perversity.

Ruling:

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Ratio:

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Case Digest (G.R. No. L-38859)
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Case Digest (G.R. No. L-38859)
Standard Advanced