Case Summary (G.R. No. 77008)
Facts of the Case
• August 5, 1994 – Decomposing body of Shirley Victore found near Barangay Poblacion bridge; autopsy confirms rape and strangulation.
• Initial police invitation yields no confession; August 10, 1994 – both suspects return voluntarily and admit participation.
• Written extrajudicial confessions recorded, witnessed by non-legal persons; later tape-recorded radio interview conducted at police station.
• Arrests followed; later assistance sought from PAO counsel five to eight days after initial confessions.
Custodial Investigation and Extrajudicial Confessions
• Confessions obtained during custodial questions without counsel present.
• Apprehension of suspects occurred when they “voluntarily” reported, yet interrogation commenced immediately.
• Statements reduced to writing in local dialect, witnesses included civic and religious figures but no lawyer.
Legal Standards on Admissibility of Confession
Under the 1987 Constitution (Art. III, Sec. 12(1)) and implementing laws/jurisprudence, an admissible extrajudicial confession must be:
a. Voluntary
b. Made with assistance of competent, independent counsel
c. Express
d. In writing
Inadmissibility of Accused’s Statements Without Counsel
• Right to counsel attaches immediately upon custodial investigation.
• RA 7438 permits presence of certain non-legal persons only if counsel is absent and a valid waiver is executed; no waiver here.
• Subsequent involvement of PAO counsel and MTC judge in re-signing confessions cannot cure the initial absence of counsel.
• Perfunctory advisements in dialect, stereotyped question-answer format lacked meaningful explanation of rights.
Radio Interview Admissions and Their Admissibility
• Tape-recorded interview by private radio announcer Roland Almoite admitted:
– Original tape unaltered; voices identified; no tampering shown.
– Conducted voluntarily, without police coercion or investigatory character.
• Voluntary statements to private individual fall outside constitutional exclusionary rule targeting state-compelled confessions.
Corroborative Forensic Evidence
• Autopsy report and medico-legal testimony corroborate elements of accused’s narrated acts:
– Contusions on legs and face consistent with boxing; depressed neck mark confirms strangulation.
Allegations of Torture and Inhuman Treatment
• Accused alleged beating, gun-barrel intimidation, hanging, threats during police custody.
• No complaints lodged during radio interview, PAO counsel conference, or judicial validation; medical examination revealed no injuries.
• Court found torture claims unsubstantiated and inferred fabrication.
Alibi Defense and Its Rejection
• Ordoño claimed presence at Barangay Captain’s farm; Medina claimed errands for aunt.
• Barangay Captain testified Ordoño was seen near crime scene; “aunt Resurreccion” not produced.
• A
Case Syllabus (G.R. No. 77008)
Facts of the Crime
- On 5 August 1994, the decomposing body of 15-year-old Shirley Victore was found among bushes near a bridge in Barangay Poblacion, Santol, La Union.
- Victore had been reported missing three days earlier; post-mortem examination by Dr. Arturo Llavore established rape and death by strangulation.
- Unidentified informants implicated Pacito Ordoao alias Asing and Apolonio Medina alias Poling as perpetrators.
Initial Police Proceedings
- Police invited both suspects on separate occasions for questioning but released them for lack of direct evidence.
- On 10 August 1994, Ordoao and Medina returned voluntarily and admitted guilt; their confessions were recorded in writing.
- No lawyer was available in remote Santol, leading police to read rights in dialect and proceed with witnesses—parish priest, municipal mayor, chief of police, relatives (for Medina).
Extrajudicial Statements
- Medina’s written narrative: detailed joint abduction, boxing, rape by Ordoao then Medina, and hanging of the victim.
- Ordoao’s written narrative: substantially corroborated Medina’s account; he affixed thumbmark, Medina signed.
- Both statements witnessed by community figures; signed again days later before PAO counsel and MTC Judge Fabian Bautista after closed-door advisement.
Radio Interview Confessions
- Lead announcer Roland Almoite tape-recorded separate interviews in the police station, during which each accused freely re-admitted participation and expressed remorse.
- Recordings aired twice, reaching thousands; no evidence of tampering introduced by defense.
Defense Versions and Torture Allegations
- At arraignment, both accused pleaded not guilty and testified to violent coercion:
• Ordoao claimed police blows, gun barrel threats, forced typing of confession, and denial of counsel.
• Medina alleged boxing, kicking, hanging upside down, gun barrel in mouth, threats of “salvage,” and forced signing. - Both testified they only signed statements after threats and under duress, and that PAO office visits did not clarify contents.
Physical Examination and Medical Testimony
- A government doctor examined both and found no visible injuries, scratches, or bruises; accused did not report pain when questioned.
- Medina’s mother’s claim of denied antibiotic treatment deemed improbable and unsupported by medical findings.
Procedural History
- RTC, Branch 34, Balaoan