Case Summary (G.R. No. 126029)
Key Dates
June 29, 1994 – Alleged rape and homicide of AAA in Barangay Irawan, Puerto Princesa City
July 12, 1994 – Discovery of AAA’s mutilated body in Barangay Bancao-Bancao
September 6, 1994 – Information for rape with homicide filed against the accused
October 20, 1994 – Trial court grants discharge of Locil Cui as state witness
March 7, 1996 – RTC conviction of Sunga, Lansang, and Pascua; acquittal of Octac
March 27, 2003 – Supreme Court decision reversing convictions
Applicable Law
1987 Constitution – Right to counsel (Art. III, Sec. 12), privilege against self-incrimination
Revised Rules of Court, Rule 119, Sec. 9 – Discharge and use of a co-accused as state witness
Revised Penal Code – Rape with homicide; Article 47 automatic review
Factual Background
AAA, a 15-year-old student, was found raped and fatally injured by blunt force. Police investigations led to the arrest of five suspects, including Sunga, Lansang, Pascua, Octac, and Locil Cui. Locil was discharged as an accomplice and testified to the sequence of events: she claimed that appellants conspired to seize, rape, and murder AAA in a secluded area, after which they transported her body. Other witnesses described post-crime movements of the accused and the autopsy confirmed multiple skull fractures causing intracranial hemorrhage.
Procedural History
• Preliminary Investigation: Petition for bail by the accused; motion by the prosecution to discharge Locil as state witness granted during bail hearings.
• Trial Court (Branch 48 RTC, Puerto Princesa City): Relied heavily on Locil’s uncorroborated testimony and two extrajudicial “confessions” of Sunga; convicted Sunga and Lansang of rape with homicide (death penalty) and Pascua of rape (reclusion perpetua); acquitted Octac.
• Automatic Supreme Court Review: Issues posed—legality of Locil’s discharge and sufficiency of evidence to satisfy guilt beyond reasonable doubt.
Discharge of State Witness
The Supreme Court found no reversible error in discharging Locil under Rule 119, Sec. 9:
• Consent of the accused obtained;
• Testimony deemed essential in absence of other direct evidence;
• Locil not the most culpable and free from prior conviction for moral turpitude;
• Potential for corroboration existed.
A mixed hearing on bail and discharge sufficed to satisfy due process in her release as state witness.
Admissibility of Extrajudicial Statements
Two statements by Sunga were challenged:
• First “admission” (July 18, 1994) before police investigator, with Atty. Rocamora (City Legal Officer) purportedly assisting;
• Second statement (August 3, 1994) before NBI without counsel.
The Court held both inadmissible under the 1987 Constitution’s guarantee of counsel in custodial investigations:
• A city legal officer is akin to a prosecutor and cannot serve as independent counsel;
• No valid waiver of right to counsel;
• Statements made in custody under interrogation without proper legal assistance must be excluded.
Corroboration and Reliability of State Witness
Jurisdictional rule requires that testimony of an accomplice-turned-state witness be corroborated by independent evidence. The Court assessed:
• Extrajudicial statements excluded, thus unavailable for corroboration;
• Other testimonial and circumstantial evidence (post-crime sightings, autopsy findings, inquiries at a sari-sari store) did not directly prove participation in the rape or homicide;
• Locil’s in-court testimon
Case Syllabus (G.R. No. 126029)
Facts of the Case
- On June 29, 1994, AAA, a 15-year-old high school student, disappeared; her mutilated body was found July 12, 1994 in a coffee plantation in Jacana, Barangay Bancao-Bancao, Puerto Princesa City, Palawan.
- Preliminary investigation by the Municipal Trial Court in Cities (MTCC) led to the filing of an information for rape with homicide against Rey Sunga, Ramil Lansang, Inocencio Pascua Jr., Lito Octac (principals), and Locil Cui @ Ginalyn Cuyos (accomplice).
- The Regional Trial Court (RTC) Branch 48 of Puerto Princesa City docketed the case as Criminal Case No. 11984; all accused pleaded not guilty at arraignment.
Procedural History
- September 26, 1994: Accused filed a petition for bail, arguing weakness of People’s evidence.
- October 18, 1994: Prosecution moved to discharge Locil Cui as state witness and presented her detailed sworn statement.
- October 20, 1994: RTC deferred bail petition resolution but granted discharge of Locil Cui.
- Petition for certiorari before the Court of Appeals secured a temporary restraining order, which later lapsed; trial then proceeded.
- Prosecution presented state witness Locil and several other witnesses; defense presented alibi and denial evidence.
- March 7, 1996: RTC convicted Sunga and Lansang of rape with homicide (death penalty) and Pascua of rape (reclusion perpetua); acquitted Octac; released Locil.
- Automatic review by the Supreme Court under Article 47 of the Revised Penal Code.
Issues on Appeal
- Whether the RTC’s discharge of Locil Cui as a state witness complied with law.
- Whether appellants’ guilt was proven beyond reasonable doubt.
Discharge of State Witness
- Rule 119, Sec. 9 requirements: consent of accused to be a state witness, necessity of testimony, lack of other direct evidence, ability to corroborate, witness not most guilty, no prior conviction for moral turpitude.
- All conditions satisfied: prosecution lacked direct evidence except Locil’s account; her testimony was indispensable and subject to corroboration; she was neither most guilty nor convicted of moral turpitude.
- Hearing on discharge was conducted interspersed with bail petition hearings; substantial compliance deemed sufficient.
- Even if procedural errors existed, they did not affect competency or quality of her testimony.
Testimony of State Witness Locil Cui
- Then 14 years old, alias “G