G.R. No. 103464 September 23, 1993
People of the Philippines, plaintiff-appellee, vs. Henry Alvarez y San Juan, Antonio Barcenas y Bastida, and Renato Abasola y Collantes, accused-appellants.

FACTS

Accused-appellants Henry Alvarez, Antonio Barcenas, and Renato Abasola were charged with Rape with Homicide for the death of Cristina G. Carillo on or about October 31, 1990, in Sta. Cruz, Laguna. They pleaded not guilty. After trial, the Regional Trial Court found all three guilty beyond reasonable doubt and sentenced each to life imprisonment, ordering them to pay indemnities. They appealed the decision. The prosecution’s evidence included the extrajudicial confession of Henry Alvarez, admitting his participation but claiming he left before the killing, and the testimony of Ludovico Alcantara, who saw the three accused following the victim near the crime scene at around midnight on October 31, 1990. Another witness, bus conductor Rogelio Rocafort, testified that the victim rode his bus to Laguna and alighted at Barrio Bubucal around midnight. The appellants challenged the admissibility of Alvarez’s extrajudicial confession, alleging it was obtained in violation of his constitutional rights, and argued that the evidence was insufficient for conviction.

ISSUE

1. Whether the extrajudicial confession of accused Henry Alvarez is admissible in evidence.
2. Whether the extrajudicial confession can be used as evidence against his co-accused.
3. Whether the circumstantial evidence presented by the prosecution is sufficient to establish the guilt of all three accused beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction with modifications. The extrajudicial confession of Henry Alvarez was ruled admissible because he was duly assisted by counsel, Atty. Dionides A. Perez, during its execution, as established by the testimonies of police officers and the lawyer himself. The Court found no proof that the confession was obtained through violence, intimidation, or promise of reward. While an extrajudicial confession is generally binding only on the confessant, it can be used as circumstantial evidence against co-accused to show the probability of their participation. The Court found the circumstantial evidence sufficient to convict all three accused. This evidence included: (a) Alvarez’s confession placing all three at the scene; (b) Alcantara’s testimony seeing the three accused following the victim near the crime scene at the relevant time; (c) the victim’s body was found in that area; (d) the accused’s alibis were weak and uncorroborated; and (e) their suspicious conduct. Conspiracy was inferred from their collective actions. The penalty was corrected from life imprisonment to reclusion perpetua. The indemnity for the victim’s death was increased from P30,000 to P50,000. The decision of the trial court was affirmed in all other respects.