Case Summary (G.R. No. 246328)
Petitioner and Respondent
• Plaintiff-Appellee: People of the Philippines
• Accused-Appellants: Rene Januario and Efren Canape
Key Dates
• September 4, 1987 – Date of alleged carnapping and double homicide in Silang, Cavite
• March 27–28, 1988 – Oral and written custodial investigations conducted by the NBI
• November 7, 1988 – Information filed in Regional Trial Court of Cavite (Branch XVIII)
• February 7, 1997 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution, Art. III, Sec. 12 (1)–(3) – Rights during custodial investigation to remain silent and to counsel who is competent, independent, and preferably of one’s choice; inadmissibility of uncounseled confessions
• Republic Act No. 6539 (Anti-Carnapping Law), Sec. 14 – Penalty provisions for carnapping with and without violence; imposes reclusion perpetua when killing occurs
Procedural History
The Regional Trial Court of Cavite convicted Januaryario and Canape of violating § 14 of R.A. No. 6539, sentencing them to reclusion perpetua and ordering civil indemnities to heirs of the slain victims. They appealed, contending irregular trial procedure and violation of constitutional right to counsel in extracting their extrajudicial confessions.
Facts
Investigators traced the stolen Isuzu jeepney from Barangay Bulihan, Silang, Cavite, where the driver and conductor were killed, to buyers in Libmanan, Camarines Sur. A series of transactions involved Vicente Pons and Myrna Temporas. NBI agents arrested the appellants and co-accused Cid in Camarines Sur, then brought them to Manila. On March 28, 1988, under NBI custody, Januario and Canape executed sworn statements purportedly with Atty. Saunar as counsel. Saunar, however, was an NBI applicant, not retained by the accused, and his presence was solicited by agents. Both oral admissions in Naga City and signed confessions in Manila formed the prosecution’s primary evidence against the appellants.
Issue I – Trial Procedure and Presentation of Witness
Rule 119, Sec. 3(c) allows courts, “in the furtherance of justice,” to admit additional evidence even after a party has rested. The Supreme Court held that the trial court retained jurisdiction when it permitted Atty. Saunar’s testimony before promulgation, classifying him as an additional prosecution witness as to Januario and Canape (and rebuttal as to Cid). No reversible error arose from admitting Saunar’s testimony under the court’s discretionary power to receive further evidence.
Issue II – Violation of Right to Counsel
Under the 1987 Constitution, a person in custodial investigation must have a “competent and independent counsel, preferably of his own choice.” Agents may not supply counsel whose loyalty is compromised. Atty. Saunar was applying for NBI employment and could not be deemed independent. Testimony established that he was procured by investigators rather than by the accused. Moreover, both oral admissio
...continue readingCase Syllabus (G.R. No. 246328)
Background of the Case
- On September 4, 1987, a group of individuals allegedly conspired to carnapp an Isuzu passenger jeepney (Plate No. DFB-550) in Barangay Bulihan, Silang, Cavite.
- In the course of the carnapping, the driver Geronimo Malibago and conductor Andrew Patriarca Jr. were stabbed to death.
- The stolen jeepney was subsequently disposed of through Santiago Cid, who then involved Vicente Pons and Myrna Temporas in its sale.
- The National Bureau of Investigation (NBI) took custody of appellants Rene Januario and Efren Canape in March 1988 after tracing the disposal chain to Camarines Sur and Manila.
Facts of the Crime
- Appellants, with Eliseo Sarita @ Toto and Eduardo Sarinos @ Digo, allegedly flagged down and boarded the victim’s jeepney before forcibly subduing the driver and conductor.
- Toto Sarita and Efren Canape wielded balisong knives against the driver; Digo forced the conductor’s head down and tied him up with a kerchief supplied to Rene Januario.
- The victims were led into a bamboo thicket and, within minutes, were killed; splashes of blood were noted on the perpetrators’ clothing.
- After the killings, the group drove the jeepney to Libmanan, Camarines Sur, delivered it to Santiago Cid, and received partial payment in cash, rice, and eggs.
NBI Investigation and Statements
- Initial “oral investigation” occurred at the NBI Naga City office, March 27, 1988; appellants volunteered leads to other suspects.
- Appellants were transferred under NBI custody to Manila (Taft Avenue head office) on March 28, 1988—a journey of about ten hours.
- NBI Agents Vela and Toribio formally read Miranda‐type warnings and offered a lawyer; they procured Atty. Carlos Saunar, then an NBI applicant, to “assist” appellants.
- Januario’s Statement (Exh. C) and Canape’s Statement (Exh. I) were signed and sworn before NBI officials, each acknowledging their right to counsel and to remain silent in perfunctory fashion.
Procedural History in the Regional Trial Court
- Information filed November 7, 1988, in RTC Cavite Branch XVIII, Tagaytay City, charging violations of Sec. 14, RA 6539 (Anti-Carnapping Law).
- Arraignment: appellants pleaded not guilty (Januario & Canape, Feb. 7, 1989; Cid, May 30, 1989). Co-accused Sarita and Sarinos remained at large.
- Prosecution formally offered evidence on September 12, 1989; defense announced intention to file demurrer to evidence.
- Defense counsel’s failure to appear