336 Phil. 91
PER CURIAM:
"That on or about the 19th day of February 1994, in the municipality of xxx, province of xxx, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, by means of violence and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of one AAA against her will and without her consent; and the above-named accused in order to suppress evidence against him and delay (sic) the identity of the victim, did then and there wilfully, unlawfully and feloniously, with intent to kill the said AAA, attack, assault and hit said victim with concrete hollow blocks in her face and in different parts of her body, thereby inflicting upon her mortal wounds which directly caused her death.The prosecution established that on February 19, 1994 at about 4:00 P.M., in xxx, AAA, twenty years of age and a second-year student at the xxx, left her home for her school dormitory in xxx. She was to prepare for her final examinations on February 21, 1994. AAA wore a striped blouse and faded denim pants and brought with her two bags containing her school uniforms, some personal effects and more than P2,000.00 in cash.
Contrary to Law."[1]
1.1 chest and abdomen, multiple, superficial, linear, generally oblique from right to left.2. Abrasions/contusions:
2.1 temple, right.3. Hematoma:
2.2 cheek, right.
2.3 upper and lower jaws, right.
2.4 breast, upper inner quadrant, right.
2.5 breast, upper outer quadrant, left.
2.6 abdomen, just above the umbilicus, rectangular, approximate 3 inches in width, from right MCL to left AAL.
2.7. elbow joint, posterior, bilateral.
3.1 upper and lower eyelids, bilateral.4. Lacerated wounds:
3.2 temple, lateral to the outer edge of eyebrow, right.
3.3 upper and lower jaws, right.
4.1 eyebrow, lateral border, right, 1/2 inch.5. Fractures:
4.2 face, from right cheek below the zygoma to midline lower jaw, 4 inches.
5.1 maxillary bone, right.6. Cerebral contusions, inferior surface, temporal and frontal lobes, right.
5.2 mandible, multiple, complete, right, with avulsion of 1st and 2nd incisors.
7.1 minimal blood present.8. Laboratory examination of smear samples from the vaginal cavity showed negative for spermatozoa (Bulacan Provincial Hospital, February 22, 1994, by Dr. Wilfredo S. de Vera).
7.2 no signs of recent physical injuries noted on both labia, introitus and exposed vaginal wall.
"WHEREFORE, in view of the foregoing, Pablito Andan y Hernandez alias "Bobby" is found guilty by proof beyond a scintilla of doubt of the crime charged in the Information (Rape with Homicide) and penalized in accordance with R.A. No. 7659 (Death Penalty Law) Sec. 11, Par. 8, classifying this offense as one of the heinous crimes and hereby sentences him to suffer the penalty of DEATH; to indemnify the family of AAA the amount of P50,000.00 for the death of AAA and P71,000.00 as actual burial and incidental expenses and P100,000.00 as moral damages. After automatic review of this case and the decision becomes final and executory, the sentence be carried out.This case is before us on automatic review in accordance with Section 22 of Republic Act No. 7659 amending Article 47 of the Revised Penal Code.
SO ORDERED."[18]
"I THE LOWER COURT ERRED IN ADMITTING AND USING AS BASIS OF JUDGMENT OF CONVICTION THE TESTIMONIES OF THE POLICE INVESTIGATORS, REPORTERS AND THE MAYOR ON THE ALLEGED ADMISSION OF THE ACCUSED DURING THE CUSTODIAL INVESTIGATION, THE ACCUSED NOT BEING ASSISTED BY COUNSEL IN VIOLATION OF THE CONSTITUTION;The trial court based its decision convicting appellant on the testimonies of the three policemen of the investigating team, the mayor of xxx and four news reporters to whom appellant gave his extrajudicial oral confessions. It was also based on photographs and video footages of appellant's confessions and reenactments of the commission of the crime.
II THE LOWER COURT ERRED IN FINDING THAT THERE WAS RAPE WHEN THERE IS NO EVIDENCE OF ANY KIND TO SUPPORT IT;
III THE LOWER COURT ERRED IN MAKING A FINDING OF CONVICTION WHEN THE EVIDENCE IN ITS TOTALITY SHOWS THAT THE PROSECUTION FAILED TO PROVE BEYOND REASONABLE DOUBT THE GUILT OF THE ACCUSED."[19]
"COURT How did you come about in concluding that it was accused who did this act?Appellant was already under custodial investigation when he confessed to the police. It is admitted that the police failed to inform appellant of his constitutional rights when he was investigated and interrogated.[27] His confession is therefore inadmissible in evidence. So too were the two bags recovered from appellant's house. SPO2 xxx, a member of the investigating team testified:
WITNESS First, the place where AAA was last found is at the backyard of the house of the accused. Second, there were blood stains at the pigpen, and third, when we asked Romano Calma who were his other companions in the house, he said that, it was Pablito Andan who cannot be found at that time and whose whereabouts were unknown, sir.
Q So you had a possible suspect?
A Yes, sir.
Q You went looking for Pablito Andan?
A Yes, sir.
Q And then, what else did you do?
A We tried to find out where we can find him and from information we learned that his parents live in xxx. We went there, found him there and investigated him and in fact during the investigation he admitted that he was the culprit."[26]
"Atty. Valmores: You told the court that you were able to recover these bags marked as Exhs. B and B-1 because accused pointed to them, where did he point these bags?The victim's bags were the fruits of appellant's uncounselled confession to the police. They are tainted evidence, hence also inadmissible.[29]
A At the police station, sir, he told us that he hid the two (2) bags beneath the canal of the toilet.
Q In other words, you were given information where these two (2) bags were located?
A Yes, sir.
Q And upon being informed where the two (2) bags could be located what did you do?
A We proceeded to the place together with the accused so that we would know where the two (2) bags were hidden, sir.
Q And did you see actually those two (2) bags before the accused pointed to the place where the bags were located?
A After he removed the broken pots with which he covered the canal, he really showed where the bags were hidden underneath the canal, sir."[28]
"Mayor xxx: x x x. During the investigation when there were already many people from the media, Andan whispered something to me and requested that he be able to talk to me alone, so what I did was that, I brought him inside the office of the chief of police.Under these circumstances, it cannot be successfully claimed that appellant's confession before the mayor is inadmissible. It is true that a municipal mayor has "operational supervision and control" over the local police[32] and may arguably be deemed a law enforcement officer for purposes of applying Section 12 (1) and (3) of Article III of the Constitution. However, appellant's confession to the mayor was not made in response to any interrogation by the latter.[33] In fact, the mayor did not question appellant at all. No police authority ordered appellant to talk to the mayor. It was appellant himself who spontaneously, freely and voluntarily sought the mayor for a private meeting. The mayor did not know that appellant was going to confess his guilt to him. When appellant talked with the mayor as a confidant and not as a law enforcement officer, his uncounselled confession to him did not violate his constitutional rights.[34] Thus, it has been held that the constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the crime.[35] What the Constitution bars is the compulsory disclosure of incriminating facts or confessions. The rights under Section 12 are guaranteed to preclude the slightest use of coercion by the state as would lead the accused to admit something false, not to prevent him from freely and voluntarily telling the truth.[36] Hence we hold that appellant's confession to the mayor was correctly admitted by the trial court.
Private Prosecutor Principe: And so what happened inside the office of the Chief of Police, mayor?
A While inside the office of the headquarters he told me "Mayor patawarin mo ako,! I will tell you the truth. I am the one who killed AAA." So when he was telling this to me, I told him to wait a while, then I opened the door to allow the media to hear what he was going to say and I asked him again whether he was the one who did it, he admitted it, sir. This was even covered by a television camera."[30]xxx xxx xxx
Q During that time that Pablito Andan whispered to you that he will tell you something and then you responded by bringing him inside the office of the Chief of Police and you stated that he admitted that he killed AAA . . .
Court: He said to you the following words . . .
Atty. Principe: He said to you the following words "Mayor, patawarin mo ako! Ako ang pumatay kay AAA," was that the only admission that he told you?
A The admission was made twice. The first one was, when we were alone and the second one was before the media people, sir.
Q What else did he tell you when you were inside the room of the Chief of Police?
A These were the only things that he told me, sir. I stopped him from making further admissions because I wanted the media people to hear what he was going to say, sir."[31]
"Atty. Principe: You mentioned awhile ago that you were able to reach the place where the body of AAA was found, where did you start your interview, in what particular place?Another journalist, Rey Domingo, of "Bandera" interviewed appellant on February 26, 1994.[42] He also testified that:
Mr. Mauricio: Actually, I started my newsgathering and interview inside the police station of xxx and I identified myself to the accused as I have mentioned earlier, sir. At first, I asked him whether he was the one who raped and killed the victim and I also learned from him that the victim was his cousin.
Q And what was the response of Pablito Andan?
A His response was he is a cousin of the victim and that he was responsible for raping and killing the victim, sir. And then I asked him whether his admission was voluntary or that there was a threat, intimidation or violence that was committed on his person because I knew that there were five other suspects in this case and he said that he was admitting it voluntarily to the policemen. I asked him whether he was under the influence of drugs but he said no, and "nakainom lang," sir.
Q You mentioned earlier that the uncle of the accused was present, was the uncle beside him at the time that you asked the question?
A The uncle was there including the barangay captain whose name I cannot recall anymore. A barangay captain of the place, I don't know if it is the place of the crime scene or in the place where AAA resides but . . . All throughout the scene inside the office of the Station Commander, there was no air of any force or any threatening nature of investigation that was being done on the suspect, that is why, I was able to talk to him freely and in a voluntary manner he admitted to me that he was the one who raped and killed, so we went to the next stage of accompanying me to the scene of the crime where the reenactment and everything that transpired during the killing of AAA.
Q Before you started that interview, did you inform or ask permission from the accused Pablito Andan that you were going to interview him?
A Yes, sir.
x x x
Q You mentioned that after interviewing the accused at the office of the xxx PNP, you also went to the scene of the crime?
A Yes, sir.
Q Who accompanied you?
A I was accompanied by some xxx policemen including Mayor xxx and some of the relatives of the accused.
Q At this time, did you see the wife of the accused, Pablito Andan?
A Yes, sir, I saw her at the place where the body of AAA was recovered.
Q How many relatives of accused Pablito Andan were present, more or less?
A There were many, sir, because there were many wailing, weeping and crying at that time when he was already taken in the patrol jeep of the xxx police, sir.
Q Now, Mr. Mauricio, upon reaching the scene of the crime in xxx, what transpired?
A I started my work as a reporter by trying to dig deeper on how the crime was committed by the accused, so we started inside the pigpen of that old house where I tried to accompany the accused and asked him to narrate to me and show me how he carried out the rape and killing of AAA, sir.
Q Did he voluntarily comply?
A Yes, sir, in fact, I have it on my videotape.
Q It is clear, Mr. Mauricio, that from the start of your interview at the PNP xxx up to the scene of the crime, all the stages were videotaped by you?
A Yes, sir.[39]
Journalist Berteni Causing of "People's Journal Tonite" likewise covered the proceedings for three successive days.[40] His testimony is as follows:
"Atty. Principe: You mentioned that you had your own inquiries?
A We asked first permission from the mayor to interrupt their own investigation so that we can have a direct interview with the suspect.
Q Were there people?
A The people present before the crowd that included the mayor, the deputy chief of police, several of the policemen, the group of Inday Badiday and several other persons. I asked the suspect after the mayor presented the suspect to us and after the suspect admitted that he was the one who killed AAA. I reiterated the question to the suspect. Are you aware that this offense which is murder with . . . rape with murder is a capital offense? And you could be sentenced to death of this? And he said, Yes. So do you really admit that you were the one who did it and he repeated it, I mean, say the affirmative answer.
Q And that was in the presence of the crowd that you mentioned a while ago?
A Yes, yes, sir. And if I remember it right, as I took my camera to take some pictures of the suspect, the mayor, the policemen and several others, I heard the group of Inday Badiday asking the same questions from the suspect and the suspect answered the same.
Q Also in the presence of so many people that you mentioned?
A The same group of people who were there, sir.
Q You mentioned that the answer was just the same as the accused answered you affirmatively, what was the answer, please be definite?
Court: Use the vernacular.
A I asked him the question, after asking him the question," Ikaw ba talaga and gumawa ng pagpatay at pag-rape sa kay AAA? Ang sagot nya, "Oo." "Alam mo ba itong kasalanang ito, kamatayan ang hatol, inaamin mo pa ba na ikaw ang gumawa sa pagpatay at pag-rape kay AAA?" Sagot pa rin siya ng "Oo."
x x x
Q Did you ask him, why did you kill AAA?
A I asked him, your Honor and the reason he told me was because a devil gripped his mind and because of that according to him, your Honor, were the pornographic magazines, pornographic tabloids which he, according to him, reads almost everyday before the crime.
Atty. Principe: At the time of your interview, Mr. Reporter, will you tell the court and the public what was the physical condition of accused Pablito Andan?
A As I observed him that time there was no sign on his body that he was really down physically and I think he was in good condition.
Court: So he was not happy about the incident?
A He even admitted it, your Honor.
Court: He was happy?
A He admitted it. He was not happy after doing it.
Court: Was he crying?
A As I observed, your Honor, the tears were only apparent but there was no tear that fell on his face.
Court: Was he feeling remorseful?
A As I observed it, it was only slightly, your Honor.
x x x"[41]
"Atty. Principe: Now, Mr. Witness, did the accused Pablito Andan give you the permission that you asked from him?Clearly, appellant's confessions to the news reporters were given free from any undue influence from the police authorities. The news reporters acted as news reporters when they interviewed appellant.[44] They were not acting under the direction and control of the police. They were there to check appellant's confession to the mayor. They did not force appellant to grant them an interview and reenact the commission of the crime.[45] In fact, they asked his permission before interviewing him. They interviewed him on separate days not once did appellant protest his innocence. Instead, he repeatedly confessed his guilt to them. He even supplied all the details in the commission of the crime, and consented to its reenactment. All his confessions to the news reporters were witnessed by his family and other relatives. There was no coercive atmosphere in the interview of appellant by the news reporters.
A Yes, sir.
Q And when he allowed you to interview him, who were present?
A The first person that I saw there was Mayor xxx, policemen from xxx, the chief investigator, SPO4 xxx, and since xxx, the chief of police was suspended, it was the deputy who was there, sir.
Q Were they the only persons who were present when you interviewed the accused?
A There were many people there, sir. The place was crowded with people. There were people from the PNP and people from xxx, sir.
Q How about the other representatives from the media?
A Roy Reyes, Orlan Mauricio arrived but he arrived late and there were people from the radio and from TV Channel 9.
Q How about Channel 7?
A They came late. I was the one who got the scoop first, sir.
Q You stated that the accused allowed you to interview him, was his wife also present?
A Yes, sir, and even the son was there but I am not very sure if she was really the wife but they were hugging each other and she was crying and from the questions that I asked from the people there they told me that she is the wife, sir.
Q How about the other members of the family of the accused, were they around?
A I do not know the others, sir, but there were many people there, sir.
Q Now, according to you, you made a news item about the interview. May we know what question did you ask and the answer.
A My first question was, is he Pablito Andan and his answer was "Yes."
Q What was the next question?
A I asked him how he did the crime and he said that, he saw the victim aboard a tricycle. He called her up. She entered the house and he boxed her on the stomach.
Q What was the next question that you asked him?
A He also said that he raped her and he said that the reason why he killed the victim was because he was afraid that the incident might be discovered, sir.
Q Now, after the interview, are we correct to say that you made a news item on that?
A Yes, sir, based on what he told me. That's what I did.
Q Were there other questions propounded by you?
A Yes, sir.
Q "Ano iyon?"
A He said that he threw the cadaver to the other side of the fence, sir.
Q Did he mention how he threw the cadaver of AAA to the other side of the fence?
A I cannot remember the others, sir.
Q But can you produce the news item based on that interview?
A I have a xerox copy here, sir.
x x x"[43]
"Hymen -- contracted, tall, thin with fresh lacerations with clotted blood at 6 and 3 o'clock positions corresponding to the walls of the clock."[51]We have also ruled in the past that the absence of spermatozoa in the vagina does not negate the commission rape[54] nor does the lack of complete penetration or rupture of the hymen.[55] What is essential is that there be penetration of the female organ no matter how slight.[56] Dr. xxx testified that the fact of penetration is proved by the lacerations found in the victim's vagina. The lacerations were fresh and could not have been caused by any injury in the first autopsy.
Dr. xxx testified that the lacerations were fresh and that they may have been caused by an object forcibly inserted into the vagina when the victim was still alive, indicating the possibility of penetration.[52] His testimony is as follows:
"Witness: When I exposed the hymen, I found lacerations in this 3 o'clock and 6 o'clock position corresponding to the walls of the clock. x x x.
Court: Include the descriptive word, fresh.
Witness: I put it in writing that this is fresh because within the edges of the lacerations, I found blood clot, that is why I put it into writing as fresh.
Atty. Valmonte: Now, Doctor, you told the Court that what you did on the cadaver was merely a re-autopsy, that means, doctor the body was autopsied first before you did you re-autopsy?
A Yes, sir.
Q Could it not be, doctor, that these injuries you found in the vagina could have been sustained on account of the dilation of the previous autopsy?
A Well, we presumed that if the first doctor conducted the autopsy on the victim which was already dead, no amount of injury or no amount of lacerated wounds could produce blood because there is no more circulation, the circulation had already stopped. So, I presumed that when the doctor examined the victim with the use of forceps or retractor, vaginal retractor, then I assumed that the victim was already dead. So it is impossible that the lacerated wounds on the hymen were caused by those instruments because the victim was already dead and usually in a dead person we do not produce any bleeding.
Q What you would like to tell the Court is this: that the lacerations with clotted blood at 6 and 3 o'clock positions corresponding to the walls of the clock could have been inflicted or could have been sustained while the victim was alive?
A Yes, sir.
Q This clotted blood, according to you, found at the edges of the lacerated wounds, now will you kindly go over the sketch you have just drawn and indicate the edges of the lacerated wounds where you found the clotted blood?
A This is the lacerated wound at 3 o'clock and this is the lacerated wound at 6 o'clock. I found the blood clot at this stage. The clotted blood are found on the edges of the lacerated wounds, sir.
Q What could have caused those lacerations?
A Well, it could have been caused by an object that is forcibly inserted into that small opening of the hymen causing lacerations on the edges of the hymen, sir.
Q If the victim had sexual intercourse, could she sustain those lacerations?
A It is possible, sir.[53]
(1) The victim, AAA, was last seen walking along the subdivision road near appellant's house;[57]In fine, appellant's extrajudicial confessions together with the other circumstantial evidence justify the conviction of appellant.
(2) At that time, appellant's wife and her step brother and grandmother were not in their house;[58]
(3) A bloodstained concrete block was found over the fence of appellant's house, a meter away from the wall. Bloodstains were also found on the grass nearby and at the pigpen at the back of appellant's house;[59]
(4) The victim sustained bruises and scars indicating that her body had been dragged over a flat rough surface.[60] This supports the thesis that she was thrown over the fence and dragged to where her body was found;
(5) Appellant's bloodstained clothes and towel were found in the laundry hamper in his house;
(6) The reddish brown stains in the towel and T-shirt of appellant were found positive for the presence of blood type "B," the probable blood type of the victim.[61] AAA's exact blood type was not determined but her parents had type "A" and type "AB."[62] The victim's pants had bloodstains which were found to be type "O," appellant's blood type;[63]
(7) Appellant had scratch marks and bruises in his body which he failed to explain;[64]
(8) For no reason, appellant and his wife left their residence after the incident and were later found at his parents' house in xxx;[65]