Case Summary (G.R. No. L-41462)
Summary of Prosecution Evidence
The prosecution's case detailed events from November 13, 1973, witnessed by Roberto Dumancas, a ten-year-old relative of Remy Dino. He observed the accused physically restraining Melinda Boglosa and subjecting her to sexual assault. After the assault, Salvador Dequito allegedly strangled Melinda and inflicted fatal injuries with an object before disposing of her body in a rice paddy. The reliability of Roberto's witness testimony played a crucial role in establishing the sequence of events leading to the victim’s death.
Evidence from the Defense
In contrast, the defense presented alibi evidence from Remy Dino and other witnesses, including Kathleen Hustace, a Peace Corps volunteer, claiming that Dino was with her at the time of the incident. The defense asserted that he could not have committed the crime given his location, but they failed to demonstrate that his presence at another location was impossible.
Assignments of Error
Remy Dino asserted multiple errors in the trial court's proceedings:
- The trial court's decision was lacking the complete transcript of stenographic notes from testimony, as Judge Numeriano G. Estenzo rendered the decision following the resignation of Judge Castrense C. Veloso.
- The credibility of the prosecution's eyewitness, Roberto Dumancas, was contested.
- The trial court should have excluded Dino’s confession, alleging it was coerced through duress.
- Kathleen Hustace's testimony supporting Dino's alibi was not given sufficient consideration.
- The conviction and life sentences were claimed to be erroneous based on the aforementioned points.
Analysis of the Court’s Decision
The Supreme Court dismissed the errors assigned by Remy Dino, stating that there is no legal impediment to a subsequent judge rendering a decision based on the evidence presented by a predecessor. The court deemed Roberto Dumancas a credible witness whose testimony, combined with the findings from the necropsy report, was sufficient to link Remy Dino to the crime.
Discussion on Confession
The court analyzed the confession made by Dino, finding that it did not meet constitutional protections outlined in the 1973 Constitution regarding the rights of the accused. Although this confession was technically inadmissible, the court noted that the remaining evidence, particularly from eyewitness testimony and forensic analysis, sufficiently established the guilt of the accused.
Elements of the Crime
The Supreme Court affirmed the presence of all elements necessar
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Case Overview
- This case involves an appeal by accused Remy Dino, along with Jose Dequito and Salvador Dequito, against a decision from the Court of First Instance of Iloilo, Branch III.
- The accused were found guilty of three counts of Rape with Homicide and were sentenced to three penalties of reclusion perpetua.
- An indemnity of P12,000.00 was ordered to be paid to the heirs of the victim, Melinda Boglosa.
Procedural History
- On November 26, 1985, Salvador Dequito and Jose Dequito filed an Urgent Motion to Withdraw Appeal, which the court granted.
- The entry of judgment for these two accused was made on December 13, 1985, leaving Remy Dino as the sole appellant.
Facts of the Case
- The incident occurred on November 13, 1973, where 10-year-old Roberto Dumancas witnessed the crime.
- Roberto saw the three accused attack Melinda Boglosa in a ricefield: Salvador Dequito pulled her down, while Remy Dino and Jose Dequito restrained her.
- The three took turns raping Melinda, after which Salvador Dequito murdered her by choking and striking her with an engine cranker.
Evidence for the Prosecution
- An eyewitness, Roberto Dumancas, provided a detailed account of the events, identifying the accused.
- A necropsy report from the NBI indicated that Melinda died of asphyxia due to strangulation and drowning, with evidence of sexual abuse.
- Remy Dino confessed to hi