GR 66034; (November, 1992) (Digest)
G.R. No. 66034 November 13, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOVITO TUJON y TAPEL, ERNESTO PAROLA y CORTINA, AND CESAR PAREDES @ Cesar (at large), accused; JOVITO TUJON y TAPEL, accused-appellant.
FACTS
On November 3, 1977, the body of taxi driver Rolando Abellana was found with stab wounds in Doña Faustina Village, Quezon City. An autopsy confirmed death was due to multiple stab wounds. Accused Jovito Tujon and Ernesto Parola were arrested on November 23, 1977. They were charged with Robbery with Homicide for allegedly, together with others, boarding Abellana’s taxi, stabbing him, and taking his day’s earnings of P180.00. The prosecution’s case relied primarily on the extra-judicial confessions of Tujon and Parola, taken by Det. Armando Estrada. During trial, both accused repudiated their confessions, claiming they were extracted through force and intimidation. The trial court convicted Tujon and Parola, sentencing them to reclusion perpetua. Parola escaped after arraignment, so the judgment was not promulgated against him. Tujon appealed.
ISSUE
Whether the extra-judicial confessions of the accused are admissible as evidence to prove their guilt beyond reasonable doubt for the crime of Robbery with Homicide.
RULING
The Supreme Court REVERSED and SET ASIDE the trial court’s decision and ACQUITTED both accused. The Court held that the extra-judicial confessions were inadmissible in evidence. The confessions were obtained in violation of the constitutional rights of the accused under the 1973 Constitution, as they were interrogated without the assistance of counsel, and any waiver of this right was not made in writing and in the presence of counsel. Without these confessions, the prosecution had no evidence to establish the guilt of the accused. The constitutional presumption of innocence must prevail when guilt is not proven beyond reasonable doubt. Although Parola escaped, he benefits from the acquittal as the Court’s disquisition is favorable to him.
