477 Phil. 773
PER CURIAM:
“The undersigned Assistant Provincial Prosecutor hereby accuses Rey Apatay y Balo of Upper Poblacion I, Sikatuna, Bohol of the crime of Rape with Homicide, committed as follows:During his arraignment, appellant was assisted by Atty. Adriano P. Damalerio of the Public Attorney’s Office (PAO). After the Information was read and translated to him in his own Visayan dialect, he entered a plea of guilty to the offense charged.
“That on or about the 20th day of October 2000 in the municipality of Sikatuna, province of Bohol, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and with force, threat and intimidation, to wit: by entering the house where the victim Catalina Baluran was alone, and once inside put out the light thereof, then dragged the victim to a room and did then and there willfully, unlawfully and feloniously had carnal knowledge by inserting his penis into the victim’s vagina without her consent and against her will, and thereafter, because the victim was able to identify him, did then and there willfully, unlawfully and feloniously attacked, assaulted, choked her neck and then struck the head and face with a firewood, thereby inflicting upon the vital parts of the victim’s body mortal wounds or injuries which resulted directly to the immediate death of the said Catalina Baluran, to the damage and prejudice of the heirs of the victim.
“Acts committed contrary to the provisions of Art. 266-A & 266-B of the Revised Penal Code, as amended by R.A. 7659.”[2]
“macerated (L) maxillary areaDr. Villaflor testified, confirming the above Report. He stressed that Catalina had vaginal lacerations at “6, 9, and 12 o’clock positions,” indicating that she was a victim of a forcible sexual assault; and that she died due to “massive hemorrhage secondary to multiple skull fracture.”
Extending to zygoma
(L) lateral priodital area.
(+) hematoma/ecclymotes
(R) maxillo-zygomatic area
(+) hematoma area ecchymotes
(L) supraclavicular area
(+) Ecchymoses ant. neck
(+) hamatoma (R) supraclavicular area
(+) hematoma oterral area
(+) Left first degree burn with
sollae 6 cm ru greatest diameter
(+) hematoma (L) inquinal area
(+) hematoma (R) inquinal area
extending to (R) ASIS
hymenal laceration at 6 degrees,
at 9 and 12 o’clock positions
multiple laceration and fracture largest
laceration measuring 4 cm.
CAUSE OF DEATH: massive hemmorage
due to multiple skull fracture.”[6]
“WHEREFORE, in Criminal Case No. 10885, the Court finds accused Rey Apatay guilty beyond reasonable doubt of the crime of Rape with Homicide defined under Article 266-A and penalized under Article 266-B of the Revised Penal Code, and hereby sentences the said accused to suffer the supreme penalty of death, with the accessory penalties of the law, to indemnify the heirs of Catalina Baluran the sum ofIn assailing the Decision, appellant contends that (a) “the trial court failed to conduct a searching inquiry into the voluntariness and full comprehension by him of the consequences of his plea;” and (b) “the trial court failed to ask him whether he desires to present evidence in his behalf and allow him to do so if he desires.”[9]P100,000.00 and to pay the costs.
“SO ORDERED.”
“SEC. 1. Arraignment and plea; how made. –When an accused pleads guilty to a capital offense, Section 3 of the same Rule specifies the steps to be followed by the trial court, thus:
(a) The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than those named in the complaint or information.
x x x.” (Underscoring ours)
“SEC. 3. Plea of guilty to capital offense; reception of evidence. – When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf. (3a)”In People vs. Flaviano R. Segnar, Jr.,[11] we ruled that there is no hard and fast rule as to how a judge may conduct a “searching inquiry,” or as to the number and character of questions he may ask the accused, or as to the earnestness with which he may conduct it, since each case must be measured according to its individual merit.[12] The singular barometer is that the judge must, in all cases, fully convince himself that: (1) the accused, in pleading guilty, is doing so voluntarily – meaning, he was not coerced or threatened of physical harm, or placed under a state of duress; and (2) that he is truly guilty on the basis of his testimony. Thus, in determining whether an accused’s plea of guilty to a capital offense is improvident, we held that considering their training, we leave to the judges ample discretion, but expect them at the same time that they will be true to their calling and be worthy ministers of the law and justice.[13]
“COURT:The extra-judicial confession referred to by appellant is quoted as follows:
Let the accused come forward.
RECORD:(Accused came forward for arraignment and listened to the reading ofInformation.)
COURT INTERPRETER:
(Read the Information to the accused.)
COURT TO THE COURT INTERPRETER:
Will you please ask the accused whether he understood the Information read andtranslated to him in the Visayan vernacular?
COURT INTERPRETER TO THE ACCUSED:
RECORD:
(COURT INTERPRETER Asking the accused in the Visayan vernacular if thelatter understood the reading of the Information.)
ACCUSED TO THE COURT:
A: Yes, Your Honor, I understand.
COURT TO COURT INTERPRETER:
Will you ask him what is his plea, guilty or not guilty?
COURT INTERPRETER TO THE ACCUSED:
RECORD:
(COURT INTERPRETER asking the accused in the Visayan vernacular of thelatter’s plea.)
ACCUSED TO THE COURT:
A: Guilty, Your Honor.
COURT:
Enter a plea of guilty as expressed by the accused upon his arraignment today.
COURT:
Let the accused approach the bench.
COURT TO ACCUSED:
Q: You have admitted the guilt for the offense charged?
A: Yes, your Honor.
Q: Is your plea of guilty voluntary?
A: Yes, your Honor.
Q: Nobody had forced you to make this plea of guilty?
A: None, Your Honor.
COURT TO ACCUSED:
Q: Do you know that by pleading guilty, you will be penalized by a deathpenalty?A: Yes, Your Honor.
Q: Despite your knowledge that you will be penalized by death, are you stillinsisting on your plea of guilty?A: Yes, Your Honor.
Q: So having pleaded guilty voluntarily, you admit that you abused sexuallythe victim, Catalina Baluran.A: Yes, Your Honor.
Q: And because of the fact that while having intercourse with her, yourealized that she knows you, and that was the time that you decided to choke and strike her with the firewood?A: Yes, Your Honor.
Q: And you even helped your neighbors in looking for Catalina Baluran?
A: Yes, Your Honor.
Q: When this case was investigated, you voluntarily executed an affidavit ofconfession duly assisted by your counsel, Atty. Adriano Damalerio?A: Yes, Your Honor.
COURT TO WITNESS:
Q: I have here signed Extra-Judicial Confession, I am showing to you andplease tell me if this is the same Extra-Judicial Confession that you executed in connection with this case with the assistance of your counsel, Atty. Adriano Damalerio?
A: This is the one, Your Honor.
x x x.”[14] (Underscoring ours)
“Q: Mr. Apatay, I would like to inform you that you are now under investigationAppellant’s answers to the trial judge’s questions are spontaneous and categorical. He declared that his confession (that he committed the crime) is voluntary and that nobody forced him to do so. He also manifested full understanding of the consequences of his plea, specifically that the imposable penalty upon him is death. Yet, he would not change his plea.regarding your involvement of a rape-slay case of one Catalina Baluran of Sitio Upper Pobalcion I, Sikatuna, Bohol.
I will inform you that under our New Constitution, you have the right to remain silent and never answer to questions affecting you, and you also have the right to get a counsel who would assist you in this investigation. If you cannot afford to pay a counsel, you will be given one who would assist you.
Q: Do you understand your rights?
A: Yes, I understand.
Q: I would like to remind you that all your statements shall be used in your favor oragainst you as evidence in court. Do you understand?A: Yes, I understand.
Q: Now that you know your constitutional rights, do you want to proceed with thisinvestigation now?A: We will proceed, Sir.
Q: Do you have a counsel to assist you?
A: Here is Atty. Adriano Damalerio, Public Attorney’s Office of the JusticeDepartment of Tagbilaran City who will assist me.WAIVER
That I, Rey Apatay, after having been informed of my rights under the New Constitution do hereby depose that I have the right to remain silent and would never answer questions that might affect me, that I have the right to be assisted by a counsel of my choice, and I also was informed that all my statements shall be made evidence against me or in my favor.
That I understood all and I hereby waive my rights and to tell the whole truth in this investigation.
SGD. REY B. APATAY
Affiant
SGD. IN THE PRESENCE OF:
SGD. ADRIANO P. DAMALERIO
Public Attorney 2
Counsel for the affiant/accused.
Q: Are you now ready to tell the truth in this investigation?
A: Yes, I’m ready.
Q: Please tell us your name and your other personal circumstances?
A: REY APATAY y BALO, 24 years old, single, Filipino, a farmer and residing atSitio Upper Poblacion I, Sikatuna, Bohol.
Q: Why are you investigated?
A: Because I am guilty of a rape-slay.
Q: Who is the person whom you raped and killed?
A: Catalina Baluran.
Q: Where and when did it happen?
A: At Sitio Upper Poblacion I, Sikatuna, Bohol last Friday evening of October 20,2000 at 7:30, more or less.
Q: Were there other persons who were also involved in this rape-slay?
A: None.
Q: What was the reason why you raped and killed Catalina Baluran?
A: Because she identified me.
Q: Please tell us the details of the rape-slay.
A: Last Friday night of October 20, 2000 at about 7:30, more or less, I went home.When I passed by the house of Catalina Baluran, I knew that Caridad, the niece of Catalina and Toribia, the mother of Caridad, would go to the hospital to have Caridad, the sick person, be treated. They were with Odelion and Balbina, also the sister of Caridad. When they left, I peeped at the entire interior of the house. Then I saw Catalina sitting down in the sala alone. So I entered the house thru the broken sink in the kitchen which was barred by a basin. When I entered the house, I put off the light, then I forced Catalina to the room and sexually abused her. She recognized me during the sexual intercourse and she told me, ‘Ayaw lagi, Rey!’ (or ‘Don’t Rey!’), meaning, I should stop. Afraid that she recognized me, I killed her by strangulation until she had no voice. Then I went to the stove to get an unconsumed firewood. Then I struck her head and face several times until she was motionless. So I pulled her outside of the house. Then I carried her to the abandoned toilet in the upper ground of their house and dropped her into the hole.
Q: What did you do after you dropped her to the toilet?
A: I walked towards the house of Andres Daplin, then I slept there.
Q: The following day, Saturday, where did you go?
A: I helped the people who were searching for Catalina.
Q: That day, Saturday, was Catalina found?
A: No.
Q: What day did they find Catalina?
A: Last Sunday, October 22, 2000, she was seen by Rene Gabato with theorganization (who render funeral service) then searching, and that was the time I felt having a conscience and I confessed to Rene Gabato and SPO3 Dalagan that I was responsible for the incident of rape-slay to Catalina.
Q: The investigator has nothing to ask, do you have more to declare?
A: No more, except when asked.
Q: Will you sign your affidavit voluntarily that nobody had forced you to do so?
A: Yes, I will sign.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th day of October, 2000 at Tagbilaran City, Bohol, Philippines.
SGD. REY B. APATAY
Affiant
Assisted by:
SGD. ATTY. ADRIANO P. DAMALERIO
Public Attorney 2,
Public Attorney’s Office
Department of Justice
Tagbilaran City”[15]
“ART. 266-A. Rape, When and How Committed. – Rape is committed –Here, it is clear from the appellant’s extra-judicial confession and the evidence for the prosecution that he had carnal knowledge of Catalina Baluran through force.
- By a man who shall have carnal knowledge of a woman under any of the following circumstances:
- Through force, threat or intimidation;
- When the offended party is deprived of reason or otherwise unconscious;
- By means of fraudulent machinations or grave abuse of authority;
- When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances above be present;
- By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.” (Underscoring ours)