sic itur ad astra

Facts: Rodolfo de la Cruz was convicted of multiple murder. The murders occurred on June 23, 1992, in Cainta, Rizal. The victims were Teodorico M. Laroya, Jr., his 12-year-old daughter Karen Verona D. Laroya, and his 10-year-old son John Lester D. Laroya. The bodies of the victims were discovered in their residence by their neighbors. They had been stabbed multiple times, and one of the victims showed signs of sexual assault. Two witnesses testified in court, one of whom witnessed the discovery of the bodies, and the other had interactions with the accused on the night of the murders. Accused-appellant was arrested and interrogated by SPO1 Carlos R. Atanacio, Jr. during which he allegedly confessed to the crimes and signed an extrajudicial confession. The appellant, acting as his own witness, had difficulty expressing himself and had a speech impediment. He had limited education, having only completed fourth grade, and could not read or write, except for his signature. While he admitte...

                                 Rule 115: Rights of the Accused  |  Criminal Procedure                                  Extra-judicial Confession Facts ( Recit Version) : Rene Januario and Efren Canape were found guilty of violating the Anti-Carnapping Law and sentenced to Reclusion Perpetua. The case involved the theft and carnapping of an Isuzu passenger jeepney with plate number DFB-550 owned by Doris and Victor Wolf.  The incident occurred on September 4, 1987, in Barangay Bulihan, Silang, Cavite, resulting in the death of the driver, Geronimo Malibago, and the conductor, Andrew Patriarca Jr. Myrna Temporas and Vicente Dilanco Pons were involved in the sale and collateralization of the stolen jeepney.  Santiago Cid had approached Pons to find a buyer for the jeepney.  ...

                                 Rule 115: Rights of the Accused  |  Criminal Procedure                                  Extra-judicial Confession Facts ( Recit Version) : Juanito Garay, a lawyer, and his wife were hog-tied and their house was ransacked.  Garay was found dead with three gunshot wounds. Aurelio Bandula, Pantaleon Sedigo, Teofilo Dionanao, and Victoriano Ejan were charged with robbery with homicide.  Aurelio Bandula  was found   guilty for the crime of  robbery with homicide.  However, his three co-accused were acquitted "for insufficiency of evidence." Six armed men, including the accused, entered the Polo Coconut Plantation and committed the crimes.  Security Guard Antonio Salva identified the accused as part of the armed group. The a...

                               Rule 115: Rights of the Accused  |  Criminal Procedure                                  Extra-judicial Confession Facts ( Recit Version) : Edna Malngan was found guilty beyond reasonable doubt of the crime of 'Arson with Multiple Homicide or Arson resulting to the death of six (6) people, and sentencing her to suffer the penalty of death. Rolando Gruta, a pedicab driver, witnessed the accused-appellant, Edna, leaving her employer's house in a hurry and boarding a pedicab. Edna instructed the pedicab driver to take her to Nipa Street but changed her mind and asked to be taken to Balasan Street. Thirty minutes later, a fire broke out at the employer's house, and Remigio Bernardo, the Barangay Chairman, and and his group responded to the incident. ...

                                Rule 115: Rights of the Accused  |  Criminal Procedure                                    Extra-judicial Confession Facts: Michael Bokingco and Reynante Col  were found guilty as conspirators beyond reasonable doubt of the crime of Murder. The appellants, armed with a claw hammer, attacked and assaulted Noli Pasion, causing fatal wounds on his head and body, resulting in his death.  Bokingco entered a guilty plea, while Col pleaded not guilty during the arraignment.  During the pre-trial, Bokingco confessed to the crime. The victim, Noli Pasion, owned a pawnshop and apartments, and the appellants were among the construction workers employed by Pasion.  A witness heard a commotion from Apartment No. 3 where the appellants stayed and s...

                               Rule 115: Rights of the Accused  |  Criminal Procedure                                Custodial Investigation Facts: Bernardo Mesina was charged with qualified theft, but after a reinvestigation, the charge was amended to malversation of public funds.  T he amended information stated that the petitioner, an employee of the City Treasurer's Office in Caloocan City, misappropriated and converted public funds of    "Patubig" collection  amounting to P167,876.90 for personal use.  Mesina went to the Mini City Hall of Caloocan City and collected various fees and taxes totaling P468,394.46 from Ms. Rosalinda Baclit. However, it was later discovered that the collection for the "Patubig" (local water system) amounting to P167,870.90 was not remitt...

                             Rule 115: Rights of the Accused  |  Criminal Procedure                              Presumption of Innocence  Facts: Jonathan Fabros  appealed the decision of the Regional Trial Court (RTC) of Zamboanga City, which found him guilty of murder and sentenced him to reclusion perpetua. The case involves the killing of Hernan Sagario on February 28, 1996, in Zamboanga City. The prosecution's version of the events states that Fabros, along with his cousins Sheila Guilayan and Merwin Ledesma, were at their house when their neighbor Wilfredo Tolentino called them. Tolentino revealed his plan to kill Sagario and instructed Merwin to get a bolo. They were told to go home and wait for Sagario. When Sagario arrived at the house, Tolentino struck him on the neck with a piece of wood, rende...

                             Rule 115: Rights of the Accused  |  Criminal Procedure                              Right to be Informed of the Nature and Cause of the Accusation Facts: Joselito Noque was charged with the sale of 2.779 grams and 2.729 grams of "shabu" (methamphetamine hydrochloride), a regulated drug. He was also charged  with the possession of 679.215 grams of "shabu" without the corresponding license or prescription. A buy-bust operation was conducted, during which Noque was caught selling and possessing "shabu."  The seized substances were examined and confirmed to be ephedrine, a precursor of methamphetamine. Noque pleaded not guilty and presented a defense of denial and frame-up. The trial court found Noque guilty of both charges, while the Court of Appeals affirmed the decision....

                            Rule 115: Rights of the Accused  |  Criminal Procedure                              Right to be Informed of the Nature and Cause of the Accusation Facts: Antonio Andres and Rodolfo Duran were charged with the violation of Republic Act (R.A.) No. 6539 (Anti-Carnapping Act of 1992) for stealing a motorized Kawasaki tricycle worth P140,000.00. The Regional Trial Court (RTC) found the petitioners guilty and sentenced them to seventeen (17) years and four (4) months to thirty (30) years of imprisonment. Issue: WON  the  CA gravely erred  in imposing upon them the penalty of seventeen (17) years and four (4) months to thirty (30) years. Held:  YES.  In the Information charging the petitioners with violation of R.A. No. 6539, as amended, did not allege that the carnap...

                           Rule 115: Rights of the Accused  |  Criminal Procedure                             Right to be Informed of the Nature and Cause of the Accusation Facts: Angelina Zabala Alonto was found guilty of three (3) counts of violation of Batas Pambansa Bilang 22 (B.P. 22) or the "Bouncing Checks Law,"  The charges against the petitioner stemmed from three separate incidents where she issued checks to Violeta E. Tizon, knowing that she did not have sufficient funds in her account to cover the checks.  The petitioner pleaded not guilty to the charges, and the prosecution presented two witnesses: Violeta E. Tizon and Fernando Sardes. Tizon testified that the petitioner purchased jewelry from her and issued a check as partial payment, but the check was dishonored due to "account closed." The pet...

                           Rule 115: Rights of the Accused  |  Criminal Procedure                             Right to be Informed of the Nature and Cause of the Accusation Facts: Jaime Dico was charged with three counts of violation of Batas Pambansa Bilang 22 (B.P. Blg. 22). The prosecution presented Lily Canlas, Collection Manager of Equitable Card Network, Inc., as its sole witness.  The defense presented two witnesses: Debbie Dy, Manager of Equitable Card Network, Inc., Cebu Branch, as a hostile witness, and the petitioner himself. The evidence showed that the accused issued checks to Equitable Card Network, Inc., which bounced due to "Account Closed." The complainant sent a letter to the accused demanding payment, but the accused refused to comply.  The accused admitted issuing the checks but claimed the...

                          Rule 115: Rights of the Accused  |  Criminal Procedure                           Presumption of Innocence  (Self-defense) Facts: Alex delos Santos  was convicted for murder of Fernando A. Catriz and sentenced to reclusion perpetua. With a long bolo and rambo knife, Delos Santos attacked Catriz  inflicting multiple hack wounds on different parts of his body, leading to his death. Reynaldo Bayudan, the victim's nephew and eyewitness, testified that the accused-appellant hacked Catriz from behind, causing him to flee. The accused-appellant pursued Catriz, stabbed him repeatedly, and ignored Catriz's pleas for his life. The accused-appellant then exclaimed, "Happy New Year, natayen ni Ferdie!" (Happy New Year, Ferdie is dead!). A post-mortem examination determined that Catriz s...

                         Rule 115: Rights of the Accused  |  Criminal Procedure                          Presumption of Innocence, Presumption of Regularity in the performance of Duty Facts: Cesar Cantalejo was charged for violation of Section 5 (drug pushing) of RA 9165 through an entrapment operation. Two male police assets reported on the illegal drug activities of a person named "Cesar" at a specific location. A police entrapment team was formed, with SPO4 Celso Jeresano as the team leader and PO2 Paul Acosta as the poseur-buyer. The defense claimed that armed men forcibly entered Cesar's house, searched for drugs, and interrogated Cesar and his family.  Nomeriano Belen, Jr. testified that he heard loud sounds and saw armed men at Cesar's house. Issue: WON the trial court erred in convicting him as the constitutional presumpt...

                        Rule 115: Rights of the Accused  |  Criminal Procedure                         Right to be Informed of the Nature and Cause of the Accusation Facts: Sy Pio (Policarpio de la Cruz), was charged with frustrated murder against Tan Siong Kiap. On September 3, 1949, Sy entered a store in Manila and began firing shots with a .45 caliber pistol.  Tan Siong Kiap confronted the defendant, asking why he was shooting. In response, the defendant turned and shot Tan Siong Kiap, hitting him in the right shoulder. Tan Siong Kiap sought medical treatment, incurring expenses of P300, and spent a total of nine days in the hospital.  The defendant also admitted to shooting two other individuals prior to the incident involving Tan Siong Kiap  —  Ong Pian and Jose Sy. The defendant was apprehended in Tarlac and admit...