Case Summary (G.R. No. 239480)
Petitioner
People of the Philippines
Respondent
Gideon SeAarosa (accused-appellant)
Key Dates
- May 3, 1995: Attack on Feliciano’s vehicle
- April 26, 2004: RTC conviction for Murder and Frustrated Murder
- November 9, 2017: CA decision affirming Murder, downgrading to Attempted Murder
- September 28, 2022: Supreme Court decision
Applicable Law
- 1987 Constitution, Article III, Section 2 (unreasonable searches and seizures)
- 1987 Constitution, Article III, Section 12 (rights of persons under custodial investigation)
- Republic Act No. 7438 (rights of arrested/detained persons)
- Revised Penal Code, Articles 248 (Murder) and 6 (Attempted crimes)
- Exclusionary Rule (fruit of the poisonous tree)
Factual Background
In the evening of May 3, 1995, Phil Feliciano, his wife Melbeth, Ex Feliciano, and Codesta were delivering prawns in a pick-up truck. As the vehicle ascended a road in Barangay Fulgencio, assailants opened fire, killing Phil and wounding Codesta. Witnesses identified Esperidion and Nadura among two attackers who emerged from concealment.
Procedural History
Branch 9, RTC of Kalibo, Aklan, convicted Esperidion, Nadura, SeAarosa, and Relimbo for Murder (Phil’s death) and Frustrated Murder (Codesta’s injuries). On post-judgment motions, charges against Relimbo and the deceased Nadura were dismissed. The CA affirmed the Murder conviction for Esperidion and SeAarosa, imposed reclusion perpetua, and modified Frustrated Murder to Attempted Murder.
Issue on Appeal
Whether SeAarosa’s conviction for Murder and Attempted Murder should stand given: (1) an allegedly unconstitutional warrantless search and seizure of his belongings at a fixed checkpoint, and (2) the admissibility of his extrajudicial confession.
Analysis of Warrantless Search
Section 2, Article III of the 1987 Constitution requires warrants for searches except in narrow, justified circumstances. Checkpoint inspections are limited to visual examination. Here, police at a fixed checkpoint ordered SeAarosa’s baggage—alone among many others—to be brought down, opened, and searched based on his pale demeanor and wet pants. The Court found no objectively reasonable or probable cause for an extensive search, only a preconceived suspicion by an officer who “knew” SeAarosa. Under controlling jurisprudence, such targeted, non-visual searches violate the exclusionary rule.
Analysis of Extrajudicial Confession
Article III, Section 12 and R.A. 7438 mandate that any person under custodial investigation be informed of the right to remain silent and to have competent, independent counsel of choice, with any waiver in writing and in counsel’s presence. SeAarosa, a first-grade finish, received a cursory advisement in English then translation by a lawyer provided by the police. There was no demonstration of meaningful communication, voluntary waiver, or independent advice. The lawyer’s role was limited to translation and witnessing, without verifying comprehension. The confession was therefore involuntary and inadmissible.
Application of the Exclusio
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Parties and Procedural Posture
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellants: Mario Esperidion, Albecio Nadura, Jr., Gideon SeAarosa, Percival Relimbo
- Accused-Appellant before the Supreme Court: Gideon SeAarosa
- RTC Branch 9, Kalibo, Aklan rendered judgment on 26 April 2004 in Criminal Case Nos. 4496 and 4497
- CA Decision dated 09 November 2017 in CA-G.R. CEB-CR-HC No. 01271 affirmed with modifications
- Supreme Court granted SeAarosa’s petition, reversed CA as to him, and ordered his acquittal
Charged Offenses
- Criminal Case No. 4496: Murder (death of Phil Feliciano) qualified by treachery, evident premeditation, abuse of superior strength, deadly weapons
- Criminal Case No. 4497: Frustrated Murder (injuries to Gualberto Codesta) with same qualifying circumstances and instruments, later downgraded to Attempted Murder by CA
Factual Background
- Date & Location: Evening of 3 May 1995, Barangay Fulgencio, Kalibo, Aklan
- Victims: Phil Feliciano (killed), Gualberto Codesta (wounded)
- Manner of Attack: Ambush on a pick-up truck carrying Phil, his wife Melbeth, Ex Feliciano, and Codesta
- Weapons Used: M16 rifle, other firearms, rifle grenade recovered later from SeAarosa’s belongings
Prosecution’s Version and Evidence
- Codesta’s testimony on ambush: identified gunshots, Phil’s mortal wounding, his own leg and hand injuries, hiding under the steering wheel
- Ex Feliciano’s account: saw two men approach—Esperidion and Nadura—after shooting ceased
- Melbeth’s testimony: saw two men by a motorcycle before ambush, described assailants in camouflage who later fired truck’s lights and tire, identified Nadura and Relimbo on a passing motorcycle
- SPO1 Custodio’s checkpoint operation: detained SeAarosa at a junction, observed him pale and with wet pants, ordered his baggage down
- Items recovered from SeAarosa’s bags: wet military uniforms, camouflage fatigues marked “Sgt. Flores Relimbo,” wallet and papers in Esperidion’s name, rifle grenade
- SPO3 Subong: took SeAarosa’s sworn statement in presence of Atty. Federico Llasus
- C/Insp. Baldevieso: paraffin test on SeAarosa’s hands positive for gunpowder nitrates
- Dr. MeAez: certified wounds on Codesta that would ordinarily cause death
- Dr. Reloj: conducted autopsy on Phil, documented open skull fractures, avulsed brain tissue, burns, abrasions
Defense’s Version
- SeAarosa’s account: spent night in Balete, rode jeepneys to Kalibo, p