Case Summary (G.R. No. 144656)
Petitioner and Respondent
Petitioner: The People of the Philippines
Respondent/Accused-Appellant: Gerrico Vallejo y Samartino
Key Dates
• July 10, 1999 – Daisy is last seen alive with accused; later found dead.
• July 26, 1999 – Accused arraigned and pleads not guilty.
• July 31, 2000 – RTC, Branch 88, Cavite City, renders decision.
• May 9, 2002 – Supreme Court issues final decision.
Applicable Law
1987 Philippine Constitution (Art. III, Sec. 12); Revised Penal Code, Article 266-B (Rape with Homicide) as amended by Republic Act No. 7659; Rules on Criminal Procedure and Evidence (Miranda‐type rights, circumstantial evidence under Rule 133).
Factual Background
On July 10, 1999, Daisy’s mother sent her to Aimee Vallejo’s house for lessons. At about 2 PM, Daisy and Gerrico left together to fetch a book, returned to Aimee’s house, and were last seen departing toward a riverside compuerta. That evening, Daisy failed to return despite an extensive search.
Discovery of the Body and Initial Identification
On the morning of July 11, fisherman Freddie Quinto discovered Daisy’s body tied to an aroma tree by the riverbank. At the barangay hall, Ma. Nida Diolola identified Gerrico Vallejo as the last person seen with the victim and as a suspect.
Circumstances of Last Sighting
Neighbors Jessiemin Mataverde and Charito Paras-Yepes observed Daisy playing outside, then saw her leave with accused. Paras-Yepes later saw Gerrico emerge from the compuerta with wet shorts and shirt, appearing pale and uneasy. Around 5 PM he purchased a cigarette; his clothes remained wet while hair and face were dry.
Forensic Evidence
Police recovered Gerrico’s white basketball shirt (No. 13) and violet shorts (No. 9), both bloodstained. Laboratory tests by Pet Byron Buan showed human blood Group A on both accused’s garments and the victim’s clothing; accused’s blood type was Group O. NBI DNA analysis on vaginal swabs found both the victim’s and accused’s DNA profiles.
Medical Findings
Dr. Vertido’s autopsy revealed multiple contusions, abrasions, lacerations consistent with a struggle, fresh hymenal lacerations, fractured tracheal rings, and internal hemorrhages. Cause of death was asphyxia by manual strangulation, confirming sexual assault and homicide.
Confession and Legal Counsel
Mayor Abutan interviewed the accused at the municipal jail; upon Gerrico’s admission of strangulation, the mayor secured the assistance of Atty. Lupo Leyva. Under counsel’s presence, accused signed a written extrajudicial confession. During NBI laboratory procedures, accused spontaneously admitted rape and killing to Biologist Buan, and later executed a second confession before Inquest Prosecutor Itoc with Atty. Sikat Agbunag present.
Defense’s Alibi and Torture Allegations
Accused and his sister Aimee testified he remained mostly at home, completed a drawing for Daisy, and only left to answer his mother. He alleged police beat, burned, and pricked him to force a confession. No objective proof of torture was presented; physical injuries noted by Dr. Vertido were abrasions and hematomas consistent with a struggle bite, not systematic torture.
Trial Court Verdict
The Regional Trial Court found Gerrico Vallejo guilty beyond reasonable doubt of rape with homicide, sentenced him to death, and awarded P100,000 civil indemnity and P50,000 moral damages to the victim’s heirs.
Issues on Appeal
I. Sufficiency and weight of circumstantial evidence.
II. Admissibility of alleged oral confessions as hearsay.
III. Validity of the extrajudicial written confession given purportedly under force and without effective counsel.
Supreme Court’s Analysis on Circumstantial Evidence
Under Rule 133, sec. 4, multiple proven circumstances combined must yield moral certainty. The sequence of last
...continue readingCase Syllabus (G.R. No. 144656)
Facts of the Case
- July 10, 1999 at Barangay Ligtong I, Rosario, Cavite: nine-year-old Daisy Diolola sent by her mother to Aimee Vallejo’s house for tutoring, where accused-appellant Gerrico Vallejo was also staying.
- Around 2:00 PM: Daisy and accused went to Daisy’s home to fetch a book for a school project, then returned to accused’s residence.
- Between 3:00 PM and 4:30 PM: Neighbor Jessiemin Mataverde saw Daisy playing outside, then leave with accused-appellant toward the “acompurta” (river dike area).
- About 5:00 PM: Charito Paras-Yepes and her spouse encountered accused near the seashore; his clothes were wet but hair and face were dry, and he appeared uneasy.
- Evening of July 10 to early morning July 11: Daisy’s mother and relatives searched for her, learning she had not returned home.
- July 11, 1999, 10:00 AM: Fisherman Freddie Quinto discovered Daisy’s body tied to the root of an aroma tree by the river.
- Barangay officers detained accused-appellant at the barangay hall, where Daisy’s mother identified him as the last person seen with her daughter.
Procedural History
- Regional Trial Court, Branch 88, Cavite City: accused-appellant arraigned July 26, 1999; pleaded not guilty; ten prosecution witnesses and two defense witnesses testified; RTC rendered decision July 31, 2000.
- RTC Decision: convicted Gerrico Vallejo y Samartino of rape with homicide; imposed death penalty; ordered civil indemnity of ₱100,000 and moral damages of ₱50,000.
- Appeal to the Supreme Court under G.R. No. 144656; En Banc decision rendered May 9, 2002.
Issues on Appeal
- Whether the circumstantial evidence presented by the prosecution was insufficient or weak to sustain a conviction beyond reasonable doubt.
- Whether the oral confessions made by accused-appellant were hearsay and thus inadmissible.
- Whether the written extrajudicial confession was obtained by force and intimidation, rendering it involuntary and inadmissible, and whether counsel provided was ineffective.
Prosecution Evidence
- Witnesses for the People:
• Ma. Nida Diolola (victim’s mother) – last moments and discovery of the body
• Dr. Antonio S. Vertido (NBI medico-legal