Case Summary (G.R. No. L-53403)
Key Dates
- Date of Arraignment: November 15, 1979
- Date of Plea Change: February 5, 1980
- Date of Incident: August 17, 1979
Applicable Law
The case is adjudicated under the Revised Penal Code of the Philippines and references the constitutional rights provided under the 1973 Philippine Constitution, particularly concerning the right to counsel during custodial investigations, as it predates the 1987 Constitution.
Case Background
Emiterio Pascual, Jr. was initially arraigned on November 15, 1979, pleading not guilty to the charges of rape with homicide. However, on February 5, 1980, he withdrew this plea and entered a guilty plea to the charges. The court, recognizing the seriousness of the charges which carried the death penalty, ensured that Pascual was fully aware of the implications of his guilty plea. This included a clear understanding that a death sentence could be imposed if found guilty.
Evidence and Detailed Findings
The prosecution's evidence included eyewitness testimony from Renato Pavo, who observed the appellant dragging the thirteen-year-old victim, Nida Caranguian, towards tall grasses after initially seeing her gathering peanuts. Pavo testified that he saw Pascual physically overpower the victim while armed with a bolo and heard her protests. The victim's lifeless body was discovered the next day, showing signs of sexual assault and an incised wound on her neck, confirming the brutality of the assault. The autopsy further corroborated the findings of sexual assault.
Appellant's Confession
Pascual subsequently confessed to law enforcement in a recorded statement. However, he argued that his confession was inadmissible due to a lack of proper advisement of his rights, including the right to counsel. Under the provisions of the 1973 Constitution, individuals under investigation must be informed of their right to silence and to counsel. The court acknowledged this violation in the confession's admission.
Issues Raised on Appeal
Pascual contended several points of error: (1) the trial court's acceptance of his guilty plea without sufficient safeguards; (2) the admissibility of his confession given the violation of his rights; (3) the credibility of the eyewitness testimony; and (4) a plea for a reduced penalty (from death to reclusion perpetua) on the basis of his guilty plea and voluntary surrender.
Court's Analysis
The court found that the trial judge had not improvidently accepted the guilty plea as due diligence was observed in ensuring that Pascual understood the consequences. While the admissibility of the confession was questioned, the court held that there was substantia
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Case Overview
- The case involves an automatic review of a death sentence imposed on Emiterio Pascual, Jr. y Domingo by the Circuit Criminal Court of the First Judicial District at Tuguegarao, Cagayan.
- The crime charged is rape with homicide, a capital offense under Philippine law.
- The initial plea of not guilty was changed to a plea of guilty during proceedings on February 5, 1980.
Arraignment and Change of Plea
- Emiterio Pascual, Jr. was arraigned on November 15, 1979, where he pleaded not guilty with the assistance of Atty. Oscar Lorenzo.
- On February 5, 1980, during the hearing, he withdrew his not guilty plea and entered a plea of guilty.
- The court ensured that Pascual understood the implications of his change in plea, including the potential death penalty.
Court Proceedings and Evidence Presentation
- Despite the guilty plea, the court mandated the prosecution to present evidence, given the severity of the charge.
- The prosecution presented the testimony of Renato Pavo, a key eyewitness, who observed the events leading to the crime.
Details of the Crime
- Renato Pavo testified that he saw Pascual dragging thirteen-year-old Nida Caranguian away from a cornfield on August 17, 1979.
- The victim was heard protesting during the attack, but Pavo did not intervene due to fear of Pascual, known for his violent reputation.
- Following the attack, Nida was found dead with clear signs of sexual assault and an incised wound on h