G.R. No. 206226 - People vs. Constancio y Bacungay

Case Summary (G.R. No. 206226)

Factual Background

On March 10, 2001, the victim identified in the record by the initials "AAA" went to Alabang Town Center with friends and later proceeded to her black Mazda 323. The Information alleged that on the night of March 11, 2001, Nieves Constancio y Bacungay, Ernesto Berry y Bacungay, and three others conspired, abducted, raped, and killed "AAA"; her body was later found hogtied under a bridge in San Antonio Valley, Paranaque City with traumatic head injuries, signs of drowning, and recent loss of virginity as reported in the medico-legal report.

Evidence and Witnesses

The prosecution relied on eyewitness and forensic testimony including the victim’s mother, classmates Myra Katrina Dacanay and Tara Katrina Golez, tricycle driver Chito Adarna who identified the appellants and testified he saw two men throw a body over a bridge, Janette Bales who identified Berry as the man who attempted to abduct her and stole her bag using the victim’s car, P/Sr. Insp. Edgardo Ariate who related the informant tip and arrests, and Dr. Emmanuel Reyes who performed the autopsy and recovered spermatozoa; the prosecution also introduced an extrajudicial confession by Berry in a Sinumpaang Salaysay and statements Berry gave to a news reporter, Dindo Amparo.

Defense Account

Both appellants denied guilt. Constancio pleaded alibi, asserting he had fled to Baguio and later Aparri and was arrested in Cagayan; he denied presence at the commission. Berry repudiated his custodial statement as coerced and testified he was threatened and forced to sign; he also claimed that the Sinumpaang Salaysay was prepared without his knowledge though he admitted to engaging counsel Atty. Rhonnel Suarez at the precinct. Other defense witnesses included co-accused Pagkalinawan and family members who attempted to establish alibis and challenge identifications; forensic analysis by the NBI chemist did not match certain car samples to the suspects.

Trial Court Proceedings

At the RTC, both appellants were arraigned and pleaded not guilty. The trial court weighed eyewitness identifications, the autopsy report, Berry’s extrajudicial statements, and other circumstantial facts, and on January 22, 2007 found Constancio and Berry guilty beyond reasonable doubt of Rape with Homicide and sentenced them to reclusion perpetua, ordered indemnities and damages, and acquitted co-accused Donardo Pagkalinawan for failure of proof; warrants were ordered for the remaining unapprehended co-accused.

Court of Appeals Ruling

The Court of Appeals affirmed the RTC Decision on February 24, 2012 in CA-G.R. CR-H.C. No. 02709, giving credence to the testimonies of Adarna and Bales and to Berry’s extrajudicial confession in the Sinumpaang Salaysay and his televised interview; the CA found sufficient circumstantial evidence to corroborate the confession and to implicate Constancio as co-conspirator, and it rejected the defenses of alibi and coercion.

Issues on Appeal to the Supreme Court

The appellants raised, inter alia: whether the CA erred in crediting the prosecution witnesses’ identifications; whether Berry’s extrajudicial confession was admissible and, if so, whether it could be used against his co-accused Constancio consistent with Section 12, Article III of the 1987 Constitution and the rule against hearsay or res inter alios acta; and whether the evidence established guilt beyond reasonable doubt.

Supreme Court Ruling

The Supreme Court denied the appeal and affirmed the CA decision on April 4, 2016 with modifications as to damages. The Court held that the RTC and the CA correctly assessed witness credibility and that there was no clear misappreciation of material facts warranting reversal. The Court found Berry’s custodial Sinumpaang Salaysay admissible because he was informed of rights and was represented by a competent and independent counsel, Atty. Suarez, who testified to his presence and the voluntary execution of the statement.

Legal Basis and Reasoning on Credibility and Confession

The Court applied the settled rule that factual findings of the trial court as affirmed by the CA should not be disturbed on appeal absent a showing that material facts were overlooked or misappreciated; no such showing was made. On the admissibility of Berry’s custodial statement, the Court relied on Art. III, Sec. 12, 1987 Constitution and the testimonial account of Atty. Suarez that he was chosen by Berry, explained constitutional rights, and remained with Berry during the custodial proceedings; in the absence of proof that counsel was remiss, the custodial investigation was regular and the extrajudicial confession was voluntary. The Court further held that Berry’s statements to a reporter were spontaneous, voluntary, and admissible. As to the use of an extrajudicial confession against a co-accused, the Court recognized the general rule of res inter alios acta in Section 28, Rule 130, but reiterated the exception that an extrajudicial confession may be used as circumstantial corroboration when independent circumstantial evidence, taken with the confession, establishes the co-accused’s guilt beyond reasonable doubt; citing People v. Aquino and related authorities, the Court found such circumstantial evidence in Adarna’s eyewitness identification of Constancio as one who threw the body and as a passenger in the victim’s car.

Conspiracy and Participation

The Court applied the doctrine stated in People v. Foncardas that cons

Case Syllabus (G.R. No. 206226)

Parties and Procedural Posture

People of the Philippines was the plaintiff-appellee in the criminal prosecution for rape with homicide.
Nieves Constancio y Bacungay and Ernesto Berry y Bacungay were the accused-appellants convicted below and who appealed to the Court of Appeals and thereafter to the Supreme Court.
Donardo Pagkalinawan was co-accused who was acquitted by the Regional Trial Court.
The case arose from an Information charging the accused with conspiracy to abduct, rape, and kill the victim identified as "AAA" under protective initials.
The Supreme Court reviewed the February 24, 2012 Decision of the Court of Appeals which affirmed the January 22, 2007 Decision of the Regional Trial Court, Branch 258, Paranaque City.

Key Factual Allegations

The victim "AAA" was abducted after leaving Alabang Town Center on the night of March 10–11, 2001 and was later found hogtied and lifeless under a bridge in San Antonio Valley, Paranaque City.
The Information alleged that the accused, acting in conspiracy and by force and intimidation, raped "AAA" and inflicted traumatic injuries including strangulation which caused her death.
Witnesses alleged that the victim’s black Mazda 323 was taken and later found with evidence of sexual assault and biological material.
Eyewitnesses placed Constancio and Berry in the Mazda and at the scene where the victim’s body was disposed.

Evidence Presented

The prosecution presented eyewitness testimony from BBB (victim’s mother), Myra Katrina Dacanay, Tara Katrina Golez, Janette Bales, and tricycle driver Chito Adarna identifying the accused and recounting the abduction and attempted subsequent abduction.
Medico-legal evidence by Dr. Emmanuel Reyes established cause of death as asphyxia by strangulation with traumatic head injuries, signs of drowning, recent loss of virginity, a fresh laceration of the genitalia, and recovery of sperm cells.
Police testimony by P/Sr. Insp. Edgardo C. Ariate recounted an informant’s identification of the suspects and the arrest of the accused.
Ernesto Berry executed a Sinumpaang Salaysay and gave an interview to ABS-CBN reporter Fernando Sanga y Amparo admitting participation and naming co-accused, while later repudiating aspects of the extrajudicial statements at trial.
Forensic testing by the NBI forensic chemist Aida R. Viloria-Magsipoc did not match vomit and hair samples from the victim’s car to the suspects’ submitted specimens.

Defenses Offered

Constancio asserted an alibi that he was in Baguio City and denied participation in the crime.
Berry repudiated his custodial and media statements and alleged coercion and torture, and challenged the voluntariness and admissibility of his extrajudicial confession.
Co-accused Pagkalinawan denied knowledge of Berry and denied involvement, supported by family alibi testimony.

Lower Courts' Decisions

The Regional Trial Court found Constancio and Berry guilty beyond reasonable doubt of rape with homicide and sentenced them to reclusion perpetua while acquitting Pagkalinawan for lack of proof.
The Court of Appeals affirmed the RTC decision and credited eyewitness identifications and Berry’s extrajudicial confession as corroborative evidence against Constancio.

Issues Presented

Whether the Court of Appeals erred in crediting the testimonies of prosecution witnesses, particularly Adarna and Bales.
Whether Berry’s extrajudicial confession was admissible