G.R. No. 102005 January 25, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FORTUNATO PAMON, GERSON DULANG alias “Toto”, AND JOHN DOE alias “Dodo”, accused-appellants.

FACTS

On July 26, 1985, Robert Te was driving his cargo truck in Lipakan, Roxas, Zamboanga del Norte when it got stuck in mud, blocking the trucks of Lily Wong and Gerson Dulang. While Robert Te was maneuvering his truck to free it, a man approached and shot him on the bridge of his nose, killing him instantly. Another shot hit Cesar Siga, and the truck was burned. The gunman escaped by boarding Gerson Dulang’s truck. Initial investigations pointed to the NPA, but subsequent CIS investigations identified Fortunato Pamon as the gunman. Pamon was arrested on March 14, 1987. On March 18 or 19, 1987, he executed an extrajudicial confession before Pfc. Roland Salatandre in the presence of Atty. Rubencio Ligorio of the CLAO, admitting he shot Robert Te and implicating John Doe alias “Dodo”, Gerson Dulang, and Inocencio Feras. He stated the killing was per the instruction of Mayor Inocencio Feras, who promised him P15,000, and that “Dodo” was hired by Gerson Dulang. This confession was sworn to before Judge Vicente Aseniero on March 20, 1987, and Pamon reaffirmed it during the preliminary investigation on March 23, 1987. An information for murder was filed against Fortunato Pamon (principal by direct participation), Inocencio Feras and Gerson Dulang (principals by inducement), and John Doe (accomplice). When Inocencio Feras died during trial, the information was amended, dropping his name. During trial, the prosecution presented witnesses: Evangeline Te (Robert Te’s widow) testified that Gerson Dulang invited Robert Te to a party on July 25, 1985, and after returning drunk, Robert Te told her Dulang said, “We will meet in the mountain to find out who is the better man among us”; Rolando Salatandre and Judge Vicente Aseniero testified that Pamon’s confession was voluntary and constitutional; Victoriano Jauculan and Hipolito Andig (employees of Robert Te) identified Fortunato Pamon as the gunman and stated he boarded Dulang’s truck after the incident; a medical certificate showed no signs of torture on Pamon. The defense presented: Gerson Dulang professing ignorance; Raul Curativo describing the killer differently and saying Pamon was not the killer; Jaime Gilbero stating Pamon was plowing his field at the time; and Fortunato Pamon himself, who denied the killing and retracted his confession, claiming it was due to torture and coercion, though his affidavit of retraction was not offered as an exhibit. The trial court convicted Fortunato Pamon, Gerson Dulang, and John Doe alias “Dodo” of murder.

ISSUE

The main issues were: (1) Whether the extrajudicial confession of Fortunato Pamon was admissible and sufficient to convict him; and (2) Whether the evidence was sufficient to convict Gerson Dulang.

RULING

The Supreme Court MODIFIED the trial court’s decision. It AFFIRMED the conviction of Fortunato Pamon but REVERSED and SET ASIDE the conviction of Gerson Dulang on reasonable doubt. Regarding Fortunato Pamon, the Court found his extrajudicial confession admissible and corroborated by other evidence, such as the positive identification by eyewitnesses Victoriano Jauculan and Hipolito Andig, who saw him shoot Robert Te and board Gerson Dulang’s truck afterward. The Court held the confession was voluntarily given with the assistance of counsel, as attested by Rolando Salatandre and Judge Vicente Aseniero, and the medical certificate showed no signs of torture. Pamon’s retraction was deemed an afterthought. Thus, his guilt was proven beyond reasonable doubt. Regarding Gerson Dulang, the Court found the evidence insufficient. His conviction relied heavily on Pamon’s extrajudicial confession, which implicated Dulang based on what Pamon heard from alias “Dodo” (double hearsay). When Pamon repudiated his confession during trial, it became inadmissible against Dulang. The other evidence, such as Evangeline Te’s testimony about Dulang’s threat, was considered insufficient to prove conspiracy or inducement beyond reasonable doubt. Therefore, Dulang’s conviction was reversed.