G.R. No. 49014; March 31, 1944
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO TIPAY, ET AL., defendants. RICARDO TIPAY, appellant.

FACTS

On August 25, 1942, ex-mayor Nicolas Garcia was treacherously stabbed to death in the cockpit of Gerona, Tarlac. The assassin escaped unidentified. Over six months later, on March 6, 1943, Constabulary Inspector Pablo Fernandez filed a complaint against Ricardo Tipay, Hipolito Ablan, and Joaquin Tipay for murder, based on their self-incriminating affidavits written in English. During the trial in the Court of First Instance of Tarlac, Joaquin Tipay pleaded guilty, while Ricardo Tipay and Hipolito Ablan pleaded not guilty. The prosecution presented no eyewitnesses and relied solely on the extrajudicial affidavits. The trial court convicted Joaquin Tipay based on his plea. It acquitted Hipolito Ablan, finding his affidavit (Exhibit E) was extorted by Inspector Fernandez through force, violence, and a promise of liberty. However, it convicted appellant Ricardo Tipay based on his affidavit (Exhibit C) and sentenced him to cadena perpetua. Ricardo Tipay appealed.
Ricardo Tipay is a 27-year-old, completely illiterate farmer who does not know English. He testified that Inspector Fernandez made him thumbmark Exhibit C without asking questions, interpreting its contents, or taking his declaration; Fernandez merely told him he could go home if he signed it. Inspector Fernandez admitted he dictated the affidavit in English, claiming it was a translation of Tipay’s Ilocano statements. The affidavits of Ricardo Tipay (Exhibit C) and Hipolito Ablan (Exhibit E) are couched in nearly identical language, suggesting a single author. The trial court found Exhibit E was obtained through brutality, as corroborated by medical evidence showing Ablan had injuries. The prosecution attempted to corroborate Exhibit C with the location of the cadaver and the extrajudicial confession of Joaquin Tipay (Exhibit D).

ISSUE

Whether the conviction of appellant Ricardo Tipay, based solely on his extrajudicial affidavit (Exhibit C), is valid given the circumstances under which it was obtained and the lack of corroborating evidence.

RULING

No. The Supreme Court reversed the judgment of conviction and acquitted Ricardo Tipay.
The Court found the only evidence against the appellant was his extrajudicial confession (Exhibit C). This affidavit was unreliable and inadmissible. The appellant is illiterate and ignorant of English, the language of the affidavit. His testimony that he thumbmarked it without understanding its contents, induced by a promise of liberty, was credible. This finding was bolstered by the proven conduct of Inspector Fernandez in obtaining the affidavit of co-accused Hipolito Ablan (Exhibit E) through force and violence, as found by the trial court. The Court reasoned that an officer capable of such brutality to extract one confession could also use an unlawful promise of liberty to extract another. The identical wording of the two affidavits indicated they were not spontaneous declarations but the composition of a single author.
The purported corroborations were invalid. The finding of the cadaver at the cockpit was not genuine corroboration, as that fact was already known when the affidavit was prepared. The extrajudicial confession of Joaquin Tipay (Exhibit D) was inadmissible as evidence in chief against the appellant and, as a rebuttal, had no probative value as it originated from the same vicious source as the other affidavits.
The Court condemned the use of force, torture, or trickery to obtain confessions as a barbaric practice. Consequently, the appellant’s conviction rested solely on incompetent and inadmissible evidence unlawfully procured. The judgment was reversed, and Ricardo Tipay was ordered released.