Case Summary (G.R. No. 247718)
Facts Established at Trial
Testimony and evidence showed that AAA was lured or chased into a sugarcane field, subjected to violent sexual assault, strangled, and clandestinely buried. A post-mortem revealed asphyxia by strangulation and genital injuries consistent with forced intercourse.
Prosecution Evidence
- BBB (victim’s mother) confirmed AAA’s age (12) and death date. Parties stipulated that civil indemnity would be ₱50,000 upon conviction.
- Dr. Villaflor’s medico-legal report documented multiple neck injuries indicating strangulation, hymenal lacerations, vaginal abrasions and lacerations consistent with violent coitus, and secondary flaccidity of the corpse.
- Atty. Donato Jr. testified that he was invited by police to assist Agustin during custodial investigation, advised him of rights, and witnessed the giving of an English-language extrajudicial confession translated to and from Ilocano.
- The written extrajudicial confession recorded Agustin’s admission that he saw AAA bathing, chased her, raped and strangled her in the plantation, then admitted the crime to barangay and police officers the next day.
Defense Evidence
Agustin personally denied all allegations, asserted that he is illiterate, never met Atty. Donato, never read or understood any statement, and never placed his thumbmark on the confession document.
RTC Ruling
The Regional Trial Court found the extrajudicial confession admissible, held it corroborated by the medico-legal report, and convicted Agustin of rape with homicide. It sentenced him to reclusion perpetua and awarded civil indemnity (₱50,000), moral damages (₱75,000), and exemplary damages (₱30,000).
CA Ruling
The Court of Appeals affirmed the conviction but increased all damage awards to ₱100,000 each for civil indemnity, moral damages, and exemplary damages, with legal interest. It concurred that the confession was reliable and corroborated by physical evidence.
Issues on Appeal
- Whether Agustin’s extrajudicial confession was inadmissible due to constitutional violations.
- Whether the remaining evidence proved guilt beyond reasonable doubt.
Constitutional Protections and Statutory Standards
Under the 1987 Constitution (Art. III, Sec. 12) and RA 7438, a person under custodial investigation must be informed, in a language he understands, of the right to remain silent and to counsel; any waiver must be in writing and in counsel’s presence; no coercion may be used; and any confession obtained in violation of these rights is inadmissible.
Admissibility of the Extrajudicial Confession
The Supreme Court found multiple defects:
- The rights recital was perfunctory, delivered in a long sentence eliciting only “Yes, sir,” without gauging comprehension.
- Agustin was illiterate and spoke only Ilocano, yet there was no clear, effective explanation in Ilocano of each right or confirmation of understanding.
- The confession form failed to advise that he could reject the appointed counsel or that waivers must be written and in counsel’s presence.
- Atty. Donato Jr., appointed by police, lacked independence and did not actively counsel Agustin, failing to confirm voluntariness or explain legal consequences.
- Multiple translations (English to Ilocano and back) introduced risk of i
Case Syllabus (G.R. No. 247718)
Factual Background
- On November 1, 2010, in a sugarcane plantation in Cagayan, accused-appellant Jaynard Agustin y Paraggua allegedly carried away AAA, a 12-year-old minor, by force and intimidation.
- The Information charged him with rape with homicide: he raped AAA against her will and then strangled her, causing death, after which he buried her body at the scene.
- AAA was born September 28, 1998; her mother, BBB, was working in Manila at the time of the incident.
- Agustin was arraigned in Ilocano, pleaded not guilty, and proceeded to trial before the Regional Trial Court (RTC), Branch 4, Tuguegarao City, in Criminal Case No. 13738.
Procedural History
- RTC Judgment (July 18, 2016): Found Agustin guilty beyond reasonable doubt of rape with homicide (Revised Penal Code Arts. 266-A(1)(a), 266-A(1)(d), 266-B, 249 as amended by RA 8353).
- Sentence: Reclusion perpetua; P50,000 civil indemnity, P75,000 moral damages, P30,000 exemplary damages; credit for preventive imprisonment.
- Court of Appeals Decision (September 26, 2017) in CA-G.R. CR-HC No. 08557:
- Affirmed conviction; modified damages to P100,000 each for civil indemnity, moral damages, and exemplary damages, with 6% annual interest from finality.
- Agustin’s appeal to the Supreme Court raised two main assignments of error concerning the admissibility of his extrajudicial confession and insufficiency of evidence.
Issues on Appeal
- Whether Agustin’s extrajudicial confession was inadmissible for failure to comply with constitutional and statutory safeguards.
- Whether, absent the extrajudicial confession, the remaining evidence was sufficient to prove guilt beyond reasonable doubt.
Extrajudicial Confession: Legal Requirements
- 1987 Constitution, Article III Section 12:
- Right to remain silent; right to competent and independent counsel of one’s choice; waiver only in writing and in presence of counsel; prohibition of coercion.
- Inadmissibility of any confession obtained in violation of these rights.
- Republic Act No. 7438:
- Duty of arresting/investigating officers to inform, in language known and understood, of rights to silence and counsel; counsel must be allowed to confer privately.
- Extrajudicial confession must be in writing, signed by the accused in presence of counsel or, if absent, upon valid waiv