G.R. No. 113511-12 July 11, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO SINOC y SUMAYLO, accused-appellant.

FACTS

Danilo Sinoc was convicted by the Regional Trial Court of Surigao City for the special complex crime of kidnapping with murder (Criminal Case No. 3564) and the complex crime of kidnapping with frustrated murder (Criminal Case No. 3565), both penalized with reclusion perpetua. The charges stemmed from an incident on September 20, 1991, where armed men, identifying themselves as NPA members, stopped a Mitsubishi Pajero carrying Isidoro Viacrusis (manager) and driver Tarcisio Guijapon. The victims were taken, bound, led to a coconut grove in Barobo, Surigao del Norte, and shot. Guijapon died; Viacrusis survived. The stolen Pajero was recovered the next day in Monkayo, Davao del Norte, leading to Sinoc’s apprehension when he approached the vehicle. Sinoc executed a detailed sworn confession before Atty. Alfredo Jalad of the Public Attorneys’ Office, narrating the planning and execution of the kidnapping and carnapping, implicating Vicente Salon as mastermind and others as co-conspirators, and admitting his participation for a promised P20,000. The confession was sworn to before City Prosecutor Ernesto M. Brocoy. During trial, Sinoc’s co-accused Vicente Salon was acquitted due to lack of evidence linking him to the crimes apart from Sinoc’s confession. Sinoc raised the defense of alibi, claiming he was selling tableya in Tagum during the incident. The trial court convicted Sinoc based on his extrajudicial confession and corroborative evidence.

ISSUE

The primary issue is whether the extrajudicial confession of Danilo Sinoc is admissible and sufficient to sustain his conviction for the complex crimes of kidnapping with murder and kidnapping with frustrated murder.

RULING

The Supreme Court affirmed the conviction. The Court held that Sinoc’s extrajudicial confession was voluntarily executed with the assistance of counsel, Atty. Alfredo Jalad, who ensured Sinoc understood his rights and the consequences. The confession was detailed, corroborated by the recovery of the carnapped vehicle and the testimonies of witnesses Marlyn Legaspi and Barangay Captain Terencio Jamero, and contained facts known only to the perpetrator. The defense of alibi was rejected as weak and unsubstantiated. The Court found the confession sufficient to prove Sinoc’s guilt beyond reasonable doubt for the special complex crime of kidnapping with murder (for the death of Guijapon) and the complex crime of kidnapping with frustrated murder (for the shooting of Viacrusis). The penalties of reclusion perpetua for each crime were upheld. The Court also noted that the crimes were correctly complexed, as the murder and frustrated murder were committed by reason or on the occasion of the kidnapping.