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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2003 Jurisprudence                 

  • A.M. No. P-02-1651 August 4, 2003 - ALEJANDRO ESTRADA v. SOLEDAD S. ESCRITOR

  • G.R. No. 138924 August 5, 2003 - PEOPLE OF THE PHIL. v. CRISANTO D. MANAHAN

  • G.R. No. 139767 August 5, 2003 - FELIPE SY DUNGOG v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140868-69 August 5, 2003 - PEOPLE OF THE PHIL. v. NAZARIO B. BUATES

  • G.R. No. 142691 August 5, 2003 - HEIRS OF AMADO CELESTIAL v. HEIRS OF EDITHA G. CELESTIAL

  • G.R. No. 144317 August 5, 2003 - PEOPLE OF THE PHIL. v. MICHAEL A. MONTE

  • G.R. No. 148848 August 5, 2003 - JACINTO RETUYA, ET. AL. v. SALIC B. DUMARPA, ET AL.

  • G.R. No. 152611 August 5, 2003 - LAND BANK OF THE PHIL. v. SEVERINO LISTANA, SR.

  • G.R. No. 152845 August 5, 2003 - DRIANITA BAGAOISAN, ET AL. v. NATIONAL TOBACCO ADMINISTRATION

  • A.M. No. MTJ-03-1502 August 6, 2003 - ANASTACIO E. GAUDENCIO v. EDWARD D. PACIS

  • A.M. No. P-03-1675 August 6, 2003 - ELENA F. PACE v. RENO M. LEONARDO

  • A.M. No. RTJ-00-1545 August 6, 2003 - ANTONIO J. FINEZA v. BAYANI S. RIVERA

  • G.R. No. 133926 August 6, 2003 - PEOPLE OF THE PHIL. v. RUBEN H. DALISAY

  • G.R. Nos. 137256-58 August 6, 2003 - PEOPLE OF THE PHIL. v. RUFINO V. ERNAS

  • G.R. No. 142740 August 6, 2003 - PEOPLE OF THE PHIL. v. ROBERTO A. TAMPOS

  • G.R. No. 142843 August 6, 2003 - OCTAVIO ALVAREZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144428 August 6, 2003 - PEOPLE OF THE PHIL. v. JUAN M. ROSARIO

  • G.R. No. 144595 August 6, 2003 - PEOPLE OF THE PHIL. v. DANTE ILAGAN

  • G.R. Nos. 145383-84 August 6, 2003 - RUDY M. VILLAREÑA v. COMMISSION ON AUDIT

  • A.M. No. P-02-1627 August 7, 2003 - CARIDAD RACCA, ET AL. v. MARIO C. BACULI, ET AL.

  • G.R. No. 127210 August 7, 2003 - ALVIN TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138956 August 7, 2003 - LOADSTAR SHIPPING CO., ET AL. v. ROMEO MESANO

  • G.R. No. 146341 August 7, 2003 - AQUILA LARENA v. FRUCTUOSA MAPILI, ET AL.

  • G.R. No. 146382 August 7, 2003 - SYSTEMS PLUS COMPUTER COLLEGE OF CALOOCAN CITY v. LOCAL GOVERNMENT OF CALOOCAN CITY

  • G.R. No. 148557 August 7, 2003 - FELICITO ABARQUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 149075 August 7, 2003 - PEOPLE OF THE PHIL. v. RODRIGO P. BALLENO

  • G.R. No. 151833 August 7, 2003 - ANTONIO M. SERRANO v. GALANT MARITIME SERVICES

  • G.R. No. 153087 August 7, 2003 - BERNARD R. NALA v. JESUS M. BARROSO

  • G.R. No. 154183 August 7, 2003 - SPS. VICKY TAN TOH and LUIS TOH v. SOLID BANK CORP., ET AL.

  • G.R. No. 134241 August 11, 2003 - DAVID REYES v. JOSE LIM, ET AL.

  • G.R. No. 139177 August 11, 2003 - PEOPLE OF THE PHIL. v. ALVIN VILLANUEVA

  • A.M. No. 00-3-48-MeTC August 12, 2003 - REPORT ON THE JUDICIAL AUDIT AND PHYSICAL INVENTORY OF CASES IN THE MTC OF MANILA, BR. 2

  • A.M. No. MTJ-02-1388 August 12, 2003 - FELISA TABORITE, ET AL. v. MANUEL S. SOLLESTA, ET AL.

  • A.M. No. P-02-1588 August 12, 2003 - RUBY M. GONZALES v. ALMA G. MARTILLANA

  • G.R. No. 120474 August 12, 2003 - ANICETO W. NAGUIT, JR. v. NLRC, ET AL.

  • G.R. Nos. 133796-97 August 12, 2003 - PEOPLE OF THE PHIL. v. BERNANDINO M. ALAJAY

  • G.R. No. 133858 August 12, 2003 - PEOPLE OF THE PHIL. v. HERMINIANO SATORRE

  • G.R. No. 133892 August 12, 2003 - PEOPLE OF THE PHIL. v. JOVITO B. LLAVORE, ET AL.

  • G.R. No. 137792 August 12, 2003 - SPS RICARDO ROSALES, ET AL. v. SPS ALFONSO and LOURDES SUBA, ET AL.

  • G.R. No. 145951 August 12, 2003 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 151908 & 152063 August 12, 2003 - SMART COMMUNICATIONS, INC. v. NATIONAL TELECOMMUNICATIONS COMMISSION

  • G.R. No. 152807 August 12, 2003 - HEIRS OF LOURDES SAEZ SABANPAN, ET AL. v. ALBERTO C. COMORPOSA, ET AL.

  • A.C. No. 4650 August 14, 2003 - ROSALINA BIASCAN v. MARCIAL F. LOPEZ

  • A.M. No. 00-6-09-SC August 14, 2003 - RE: IMPOSITION OF CORRESPONDING PENALTIES FOR HABITUAL TARDINESS, ETC.

  • A.M. No. RTJ-01-1631 August 14, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. JAIME F. BAUTISTA

  • G.R. No. 126627 August 14, 2003 - SMITH KLINE BECKMAN CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140023 August 14, 2003 - RUDY LAO v. STANDARD INSURANCE CO.

  • G.R. Nos. 140034-35 August 14, 2003 - PEOPLE OF THE PHIL. v. RODOLFO B. ZABALA

  • G.R. No. 144402 August 14, 2003 - PEOPLE OF THE PHIL. v. ROMEO ECLERA, SR.

  • G.R. No. 156039 August 14, 2003 - KARINA CONSTANTINO-DAVID, ET AL. v. ZENAIDA D. PANGANDAMAN-GANIA

  • A.M. No. MTJ-02-1401 August 15, 2003 - ARSENIA LARIOSA v. CONRADO B. BANDALA, ET AL.

  • G.R. No. 115925 August 15, 2003 - SPS. RICARDO PASCUAL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127128 August 15, 2003 - PEOPLE OF THE PHIL. v. ROEL C. MENDIGURIN

  • G.R. No. 133841 August 15, 2003 - CAROLINA P. RAMIREZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 135697-98 August 15, 2003 - PEOPLE OF THE PHIL. v. PEDRITO C. ANDRES, ET AL.

  • G.R. Nos. 137520-22 August 15, 2003 - PEOPLE OF THE PHIL. v. ALFREDO BAROY, ET AL.

  • G.R. No. 138074 August 15, 2003 - CELY YANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 138862 August 15, 2003 - MANUEL CAMACHO v. RICARDO GLORIA, ET AL.

  • G.R. No. 139895 August 15, 2003 - CIPRIANO M. LAZARO v. RURAL BANK OF FRANCISCO BALAGTAS (BULACAN), INC., ET AL.

  • G.R. No. 143258 August 15, 2003 - PHILIPPINE AIRLINES v. JOSELITO PASCUA, ET AL.

  • G.R. No. 144618 August 15, 2003 - JORGE CHIN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 147662-63 August 15, 2003 - PEOPLE OF THE PHIL. v. FREDDIE FONTANILLA

  • G.R. No. 148222 August 15, 2003 - PEARL & DEAN (PHIL.) v. SHOEMART, ET AL.

  • G.R. No. 151941 August 15, 2003 - CHAILEASE FINANCE CORP. v. SPS. ROMEO and MARIAFE MA

  • G.R. Nos. 153714-20 August 15, 2003 - PEOPLE OF THE PHIL. v. MARIO K. ESPINOSA

  • G.R. No. 154448 August 15, 2003 - PEDRITO F. REYES v. COURT OF APPEALS, ET AL.

  • G.R. No. 154920 August 15, 2003 - RODNEY HEGERTY v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-03-1744 August 18, 2003 - ROBERT M. VISBAL v. ROGELIO C. SESCON

  • A.C. No. 5299 August 19, 2003 - ISMAEL G. KHAN v. RIZALINO T. SIMBILLO

  • G.R. No. 138945 August 19, 2003 - FELIX GOCHAN AND SONS REALTY CORP., ET AL. v. HEIRS OF RAYMUNDO BABA, ET AL.

  • G.R. No. 144331 August 19, 2003 - PEOPLE OF THE PHIL. v. CRISTITO LATASA

  • G.R. No. 145930 August 19, 2003 - C-E CONSTRUCTION CORP. v. NLRC, ET AL.

  • G.R. No. 147246 August 19, 2003 - ASIA LIGHTERAGE AND SHIPPING, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148877 August 19, 2003 - PEOPLE OF THE PHIL. v. ANGELITO B. BAGSIT

  • G.R. No. 149724 August 19, 2003 - DENR v. DENR REGION 12 EMPLOYEES

  • G.R. No. 150060 August 19, 2003 - PRIMARY STRUCTURES CORP. v. SPS. ANTHONY and SUSAN T. VALENCIA

  • A.M. No. MTJ-02-1437 August 20, 2003 - JAIME E. CONTRERAS v. EDDIE P. MONSERATE

  • A.M. No. MTJ-03-1473 August 20, 2003 - MYRA M. ALINTANA DE PACETE v. JOSEFINO A. GARILLO

  • A.M. No. RTJ-03-1745 August 20, 2003 - UNITRUST DEVELOPMENT BANK v. JOSE F. CAOIBES, JR., ET AL.

  • G.R. No. 125799 August 21, 2003 - DANILO CANSINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148864 August 21, 2003 - SPS EDUARDO and EPIFANIA EVANGELISTA v. MERCATOR FINANCE CORP., ET AL.

  • G.R. No. 149495 August 21, 2003 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 150590 August 21, 2003 - PEOPLE OF THE PHIL. v. WILLIE A. ALMEDILLA

  • A.M. No. P-03-1673 August 25, 2003 - LOUIE TRINIDAD v. SOTERO S. PACLIBAR

  • G.R. No. 114172 August 25, 2003 - JUANITA P. PINEDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129368 August 25, 2003 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 129961-62 August 25, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO CAABAY, ET AL.

  • G.R. No. 137326 August 25, 2003 - ROSARIO TEXTILE MILLS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138334 August 25, 2003 - ESTELA L. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 142856-57 August 25, 2003 - PEOPLE OF THE PHIL. v. ROBERTO NEGOSA

  • G.R. No. 151026 August 25, 2003 - SOLIDBANK CORP. v. CA, ET. AL.

  • G.R. No. 152221 August 25, 2003 - PEOPLE OF THE PHIL v. JACINTO B. ALVAREZ, JR.

  • A.M. No. 01-4-133-MTC August 26, 2003 - RE: ELSIE C. REMOROZA

  • A.M. No. MTJ-03-1492 August 26, 2003 - DOMINGO B. MANAOIS v. LAVEZARES C. LEOMO

  • A.M. No. MTJ-03-1504 August 26, 2003 - FELICITAS M. HIMALIN v. ISAURO M. BALDERIAN

  • G.R. Nos. 146097-98 August 26, 2003 - PEOPLE OF THE PHIL. v. JUAN CARIÑAGA

  • A.C. No. 5474 August 28, 2003 - REDENTOR S. JARDIN v. DEOGRACIAS VILLAR

  • A.C. No. 5535 August 28, 2003 - SPS. STEVEN and NORA WHITSON v. JUANITO C. ATIENZA

  • A.M. No. MTJ-03-1506 August 28, 2003 - PABLO B. MABINI v. LORINDA B. TOLEDO-MUPAS

  • A.M. No. P-01-1507 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. ROLANDO SAA

  • A.M. No. P-02-1579 August 28, 2003 - LETICIA L. NICOLAS v. PRISCO L. RICAFORT

  • A.M. No. P-02-1631 August 28, 2003 - RENATO C. BALIBAG v. HERMITO C. MONICA

  • A.M. No. P-02-1659 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. LIZA MARIA E. SIRIOS

  • A.M. No. P-03-1710 August 28, 2003 - EDGARDO ANGELES v. BALTAZAR P. EDUARTE

  • A.M. No. RTJ-02-1676 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. GUILLERMO R. ANDAYA

  • A.M. No. RTJ-03-1786 August 28, 2003 - ALFREDO Y. CHU v. CAMILO E. TAMIN

  • G.R. No. 134604 August 28, 2003 - PEOPLE OF THE PHIL. v. ERNESTO HUGO, ET AL.

  • G.R. No. 138295 August 28, 2003 - PILIPINO TELEPHONE CORP. v. NTC, ET AL.

  • G.R. No. 143826 August 28, 2003 - IGNACIA AGUILAR-REYES v. SPS. CIPRIANO and FLORENTINA MIJARES

  • G.R. No. 146501 August 28, 2003 - FLORDELIZA RIVERA v. GREGORIA SANTIAGO, ET AL.

  • G.R. No. 149810 August 28, 2003 - PEOPLE OF THE PHIL. v. CRISPIN T. RUALES

  • G.R. No. 154049 August 28, 2003 - RAMON P. JACINTO, ET AL. v. FIRST WOMEN’S CREDIT CORP.

  • G.R. No. 133733 August 29, 2003 - PEOPLE OF THE PHIL. v. MAXIMO AQUINDE, ET AL.

  • G.R. No. 136299 August 29, 2003 - PEOPLE OF THE PHIL. v. ZOILO MAGALLANES

  • G.R. No. 137010 August 29, 2003 - ARK TRAVEL EXPRESS v. Presiding Judge of the Regional Trial Court of Makati, ET AL.

  • G.R. No. 142383 August 29, 2003 - ASIAN TRANSMISSION CORP. v. CANLUBANG SUGAR ESTATES

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    G.R. No. 133858   August 12, 2003 - PEOPLE OF THE PHIL. v. HERMINIANO SATORRE

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 133858. August 12, 2003.]

    PEOPLE OF THE PHILIPPINES, Appellee, v. HERMINIANO SATORRE @ EMIANO SATORRE, Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    Appellant Herminiano Satorre alias Emiano Satorre was charged with Murder in an information which reads:chanrob1es virtual 1aw library

    That on or about the 25th day of May, 1997 at 2:00 o’clock dawn, more or less, in Sitio Kamari, Barangay Calidngan, Municipality of Carcar, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, with the use of .38 paltik revolver and by means of treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack and shoot ROMERO PANTILGAN, hitting the latter at the head which caused his instantaneous death.chanrob1es virtua1 1aw 1ibrary

    CONTRARY TO LAW. 1

    On arraignment, appellant pleaded "not guilty." Trial on the merits then ensued.

    Gliceria Saraum, wife of the victim Romero Pantilgan, testified that at 2:00 a.m. of May 25, 1997, she and her two children were asleep inside the house of her parents at Tagaytay, Calidngan, Carcar, Cebu. Her mother, Florida Saraum, was also in the house. Her husband, Romero, went out to attend a fiesta. While she was asleep, she was awakened by a gunshot. Gliceria got up and went out to the porch, where she found her dead husband lying on the ground. Blood oozed out of a gunshot wound on his head.

    Rufino Abayata, a barangay kagawad, testified that around 7:00 a.m. of May 25, 1997, his fellow barangay kagawad, Pio Alvarado, fetched him from his house and, together, they went to verify a report regarding a dead person on the porch of the Saraum residence. Upon confirming the incident, they reported the matter to the Carcar Police. Rufino further narrated that appellant’s father, Abraham Satorre, informed them that it was appellant who shot Pantilgan. They looked for appellant in the house of his brother, Felix Satorre, at Dumlog, Talisay, Cebu, but were told that he already left. Nevertheless, appellant’s brothers, Margarito and Rosalio Satorre, went to Rufino’s house and surrendered the gun which was allegedly used in killing Pantilgan.

    Flavio Gelle narrated that he accompanied appellant and his father, Abraham, to the Barangay Captain of Can-asohan, Carcar, Cebu where appellant admitted killing Pantilgan. Thereafter, appellant was detained.

    Corroborating Gelle’s story, Cynthia Castañares, Barangay Captain of Can-asuhan, Carcar, Cebu testified that Abraham Satorre and Gelle brought appellant to her residence where he confessed having killed Pantilgan. Appellant allegedly informed her that he killed Pantilgan because the latter struck him with a piece of wood. That same evening, she went to the Carcar Police Station with appellant where she executed an affidavit. She further averred that appellant voluntarily narrated that he killed Pantilgan with the use of a handgun which he wrestled from his possession.chanrob1es virtua1 1aw 1ibrary

    Dr. Plebia Villanueva, Municipal Health Officer of Carcar, Cebu certified that the cause of Pantilgan’s death was gunshot wound. 2

    Bonifacio Ayag, NBI Ballistician, testified that the deformed bullet taken from Pantilgan’s head wound was fired from the gun surrendered by appellant’s brothers to the Carcar Police. 3

    Denying the charges against him, appellant claimed that he was asleep inside his house at the time of the incident. He alleged that Rufino Abayata had a grudge against him because of an incident when he tied Rufino’s cow to prevent it from eating the corn in his farm. He denied having confessed to the killing of Pantilgan. He disclaimed ownership over the paltik .38 revolver and stated that he could not even remember having surrendered a firearm to Castañares.

    Abraham Satorre corroborated appellant’s testimony. He denied having accompanied appellant to Castañares’ house to surrender him.

    Appellant’s brother, Rosalio Satorre, claimed that he never accompanied appellant to Castañares’ house to surrender. His other brother, Felix, also testified that he never surrendered any firearm to anybody.

    After trial, the court a quo gave credence to the prosecution’s evidence and rendered a decision convicting appellant of Murder, 4 the dispositive portion of which reads:chanrob1es virtual 1aw library

    WHEREFORE, IN VIEW OF ALL THE FOREGOING CONSIDERATIONS, Accused Herminiano Satorre is found guilty beyond reasonable doubt of the crime of Murder and is hereby imposed the penalty of RECLUSION PERPETUA, with accessory penalties of the law; to indemnify the heirs of Romero Pantilgan in the sum of P50,000.00 and to pay the costs. The accused is, however, credited in full during the whole period of his detention provided he will signify in writing that he will abide by all the rules and regulations of the penitentiary.

    SO ORDERED.

    Appellant interposed this appeal, contending that the trial court erred: (1) in giving full faith and credence to the testimonies of prosecution witnesses; (2) in proceeding with the trial of the instant case amounting to lack of due process provided by law due to its denial of accused’s motion for preliminary investigation or reinvestigation; and (3) in rejecting the testimony of the defense’s witnesses.chanrob1es virtua1 1aw 1ibrary

    The appeal has merit.

    In particular, appellant claims that his alleged confession or admission, which was concocted by the Barangay Captain, is inadmissible in evidence for being hearsay and for being obtained without a competent and independent counsel of his choice. In effect, the quantum of evidence adduced by the prosecution was not sufficient to overcome the constitutional presumption of innocence. The bare allegation that he confessed or admitted killing Romero Pantilgan is not proof of guilt.

    Rule 130, Section 26 of the Rules of Court defines an admission as an "act, declaration or omission of a party as to a relevant fact." A confession, on the other hand, under Section 33 of the same Rule is the "declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein." Both may be given in evidence against the person admitting or confessing. On the whole, a confession, as distinguished from an admission, is a declaration made at any time by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime. 5

    Evidently, appellant’s alleged declaration owning up to the killing before the Barangay Captain was a confession. Since the declaration was not put in writing and made out of court, it is an oral extrajudicial confession.

    The nexus that connects appellant to the killing was his alleged oral extrajudicial confession given to Barangay Captain Cynthia Castañares and two barangay kagawads. According to the trial court, their testimonies were positive and convincing. Appellant’s retraction of his oral extrajudicial confession should not be given much credence in the assessment of evidence. However, appellant disputes the admissibility and sufficiency of the testimonial evidence offered to prove the alleged oral extrajudicial confession.

    There is no question as to the admissibility of appellant’s alleged oral extrajudicial confession. Indeed, as far as admissibility is concerned, Rule 130, Section 33 of the Rules of Court makes no distinction whether the confession is judicial or extrajudicial.chanrob1es virtua1 1aw 1ibrary

    The rationale for the admissibility of a confession is that if it is made freely and voluntarily, a confession constitutes evidence of a high order since it is supported by the strong presumption that no sane person or one of normal mind will deliberately and knowingly confess himself to be the perpetrator of a crime, unless prompted by truth and conscience. 6

    Accordingly, the basic test for the validity of a confession is — was it voluntarily and freely made. The term "voluntary" means that the accused speaks of his free will and accord, without inducement of any kind, and with a full and complete knowledge of the nature and consequences of the confession, and when the speaking is so free from influences affecting the will of the accused, at the time the confession was made, that it renders it admissible in evidence against him. 7 Plainly, the admissibility of a confession in evidence hinges on its voluntariness.

    The voluntariness of a confession may be inferred from its language such that if, upon its face, the confession exhibits no suspicious circumstances tending to cast doubt upon its integrity, it being replete with details — which could only be supplied by the accused — reflecting spontaneity and coherence, it may be considered voluntary. 8 The problem with appraising voluntariness occurs when the confession is an oral extrajudicial confession because the proof of voluntariness cannot be inferred from the testimony of a witness who allegedly heard the confessant since there is no written proof that such confession was voluntarily made. Neither can the confessant be appraised by the court since, precisely, it was made outside the judicial proceeding. The problem posed therefore by an oral extrajudicial confession is not only the admissibility of the testimony asserting or certifying that such confession was indeed made, but more significantly whether it was made voluntarily.chanrob1es virtua1 1aw 1ibrary

    On the question of whether a confession is made voluntarily, the age, character, and circumstances prevailing at the time it was made must be considered. Much depends upon the situation and surroundings of the accused. This is the position taken by the courts, whatever the theory of exclusion of incriminating statements may be. The intelligence of the accused or want of it must also be taken into account. It must be shown that the defendant realized the import of his act. 9

    In the case at bar, appellant was a 19-year old farmer who did not even finish first grade. Granting that he made the confession in the presence of Barangay Captain Castañares, he may not have realized the full import of his confession and its consequences. This is not to say that he is not capable of making the confession out of a desire to tell the truth if prompted by his conscience. What we are saying is that due to the aforesaid personal circumstances of appellant, the voluntariness of his alleged oral confession may not be definitively appraised and evaluated.

    At any rate, an extrajudicial confession forms but a prima facie case against the party by whom it is made. Such confessions are not conclusive proof of that which they state; it may be proved that they were uttered in ignorance, or levity, or mistake; and hence, they are, at best, to be regarded as only cumulative proof which affords but a precarious support and on which, when uncorroborated, a verdict cannot be permitted to rest. 10

    Main prosecution witness Castañares testified that after appellant’s alleged oral confession, she brought the latter to the office of the police at the Municipal Hall of Carcar, Cebu. 11 At the police station, Castañares was investigated, after which she executed her sworn statement. 12 Also at the police station, appellant allegedly admitted before policemen that he killed Pantilgan. 13 His statement was not taken nor was his confession reduced into writing. This circumstance alone casts some doubt on the prosecution’s account that appellant freely and voluntarily confessed killing Pantilgan. It raises questions not only as to the voluntariness of the alleged confession, but also on whether appellant indeed made an oral confession.chanrob1es virtua1 law library

    To be sure, a confession is not required to be in any particular form. It may be oral or written, formal or informal in character. It may be recorded on video tape, sound motion pictures, or tape. 14 However, while not required to be in writing to be admissible in evidence, it is advisable, if not otherwise recorded by video tape or other means, to reduce the confession to writing. This adds weight to the confession and helps convince the court that it was freely and voluntarily made. If possible the confession, after being reduced to writing, should be read to the defendant, have it read by defendant, have him sign it, and have it attested by witnesses. 15

    The trial court gave credence to appellant’s oral extrajudicial confession relying on jurisprudence which we find are not applicable. In the cases cited by the trial court, 16 the convictions were based on circumstantial evidence in addition to the appellants’ confessions, or the extrajudicial confessions were reduced to writing and were replete with details which only appellants could have supplied. In the case at bar, however, there was no circumstantial evidence to corroborate the extrajudicial confession of appellant. More importantly, the said confession does not contain details which could have only been known to Appellant.

    Furthermore, the events alleged in the confession are inconsistent with the physical evidence. According to Barangay Captain Castañares, appellant narrated to her that during the struggle between him and the deceased, he fell to the ground after the latter hit him on the head with a piece of wood. In the autopsy report, however, Dr. Plebia Villanueva found that the entrance wound on the deceased was located at the top of the head or the crown, indicating that the victim was probably lying down when he was shot. 17

    Indeed, an extrajudicial confession will not support a conviction where it is uncorroborated. There must be such corroboration that, when considered in connection with confession, will show the guilt of accused beyond a reasonable doubt. Circumstantial evidence may be sufficient corroboration of a confession. It is not necessary that the supplementary evidence be entirely free from variance with the extrajudicial confession, or that it show the place of offense or the defendant’s identity or criminal agency. All facts and circumstances attending the particular offense charged are admissible to corroborate extrajudicial confession. 18

    Nonetheless, the fatal gun and the slug extracted from Pantilgan’s brain can not be considered as corroborative evidence. While the slug embedded in Pantilgan’s brain came from the fatal gun, the prosecution was not able to conclusively establish the ownership of the gun other than the bare testimony of prosecution witnesses that appellant’s brothers surrendered the gun to them. This was denied by appellant and his brothers and there was no other proof linking the gun to him.chanrob1es virtua1 1aw 1ibrary

    On the whole, it appears that the trial court simply based appellant’s conviction on the testimonial evidence of prosecution witnesses that appellant orally owned up to the killing. We cannot affirm appellant’s conviction on mere testimonial evidence, considering that the voluntariness of said confession cannot be conclusively established because of appellant’s personal circumstances and the failure of the police to reduce the alleged oral confession into writing. The doubts surrounding the alleged oral confession, the conduct of the investigation as well as the inapplicable jurisprudential precedents cited by the trial court do not lead to the same moral certainty of appellant’s guilt.

    To conclude, it must be stressed that in our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused, but whether it entertains a reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they must be acquitted even though their innocence may be questionable. The constitutional right to be presumed innocent until proven guilty can be overthrown only by proof beyond reasonable doubt. 19 In fact, unless the prosecution discharges the burden of proving the guilt of the accused beyond reasonable doubt, the latter need not even offer evidence in his behalf. 20

    WHEREFORE, in view of the foregoing, the decision of the Regional Trial Court, Branch 18, Cebu City, convicting appellant Herminiano Satorre alias Emiano Satorre of Murder and sentencing him to suffer the penalty of reclusion perpetua and to indemnify the heirs in the amount of P50,000.00 as well as costs, is REVERSED and SET ASIDE. For lack of evidence to establish guilt beyond reasonable doubt, appellant Herminiano Satorre alias Emiano Satorre is ACQUITTED and is ordered immediately RELEASED from confinement, unless he is lawfully held in custody for another cause.

    SO ORDERED. nad

    Vitug, Carpio and Azcuna, JJ., concur.

    Davide, Jr., C.J., I dissent, guilt of the appellant was proved beyond reasonable doubt.

    Endnotes:



    1. Rollo, p. 4.

    2. TSN, July 29, 1997, pp. 4–5.

    3. TSN, September 17, 1997, pp. 5–6.

    4. Penned by Judge Galicano C. Arriesgado of the Regional Trial Court of Cebu City, Branch 18.

    5. United States v. Corrales, 28 Phil. 362, 365–366 [1914].

    6. People v. Lara, 334 Phil. 779, 796 [1997].

    7. Evidence, Vol. VII, Part I, 1997 Ed., Francisco, p. 411.

    8. People v. Licayan, G.R. No. 144222, 28 February 2002.

    9. Evidence, Vol. VII, Part I, 1997 Ed., Francisco, pp. 413–414.

    10. Wharton’s Criminal Evidence, 11th Ed., Vol. II, Wharton, Sec. 642, p. 1075.

    11. TSN, July 17, 1997, pp. 4–5.

    12. Ibid., pp. 4–5.

    13. TSN, July 21, 1997, pp. 13–14.

    14. Evidence, Vol. VII, Part I, 1997 Ed., Francisco, p. 370.

    15. Ibid.

    16. People v. Lorenzo, 310 Phil. 694 [1995]; People v. Montiero, 316 Phil. 950 [1995]; People v. Nimo, G.R. No. 92533, 5 October 1993, 227 SCRA 84; People v. Ruelan, G.R. No. 106152, 19 April 1994, 231 SCRA 650; People v. Barros, 207 Phil. 32 [1983]; People v. De la Rosa, 207 Phil. 129 [1983]; People v. Carias, 207 Phil. 664 [1983]; People v. Mateo, Jr., G.R. Nos. 53926-29, 13 November 1989, 179 SCRA 303.

    17. TSN, July 29, 1997, p. 8.

    18. Underhill’s Criminal Evidence, 5th Ed., Herrick, Sec. 402, pp. 1035–1038.

    19. People v. Asis, G.R. No. 142531, 15 October 2002.

    20. People v. Hilario, 348 Phil. 369 [1998].

    G.R. No. 133858   August 12, 2003 - PEOPLE OF THE PHIL. v. HERMINIANO SATORRE


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