Pp. vs. Baloloy - Doctrine Only

G.R. No. 140740.
April 12, 2002. *
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUANITO BALOLOY, accused-

appellant.
Custodial Investigations; Extrajudicial Confessions; The constitutional provision on custodial
investigation does not apply to spontaneous statements, not elicited through questioning by the
authorities but given in an ordinary manner whereby the suspect orally admits having committed the
crime; A spontaneous answer, freely and voluntarily given in an ordinary manner before the suspect was
arrested or placed under custody for investigation in connection with the commission of the offense is
admissible.—It has been held that the constitutional provision on custodial investigation does not apply to
a spontaneous statement, not elicited through questioning by the authorities but given in an ordinary
manner whereby the suspect orally admits having committed the crime. Neither can it apply to admissions
or confessions made by a suspect in the commission of a crime before he is placed under investigation.
What the Constitution bars is the compulsory disclosure of incriminating facts or confessions. The rights
under Section 12 of the Constitution are guaranteed to preclude the slightest use of coercion by the state
as would lead the accused to admit something false, not to prevent him from freely and voluntarily telling
the truth. In the instant case, after he admitted ownership of the black rope and was asked by Ceniza to
tell her everything, JUANITO voluntarily narrated to Ceniza that he raped GENELYN and thereafter
threw her body into the ravine. This narration was a spontaneous answer, freely and voluntarily given in
an ordinary manner. It was given before he was arrested or placed under custody for investigation in
connection with the commission of the offense.
Same; Same; At the moment the accused voluntarily surrenders to, or is arrested by, the police
officers, the custodial investigation is deemed to have started—he could not thenceforth be asked about
his complicity in the offense without the assistance of counsel.—However, there is merit in JUANITO’s
claim that his constitutional rights during custodial investigation were violated by Judge Dicon when the
latter propounded to him incriminating questions without informing him of his constitutional rights. It is
settled that at the moment the accused voluntarily surrenders to, or is arrested by, the police officers, the
custodial investigation is deemed to have started. So, he could not thenceforth be asked about his
complicity in the offense without the assistance of counsel. Judge Dicon’s claim that no complaint has yet
been filed and that neither was he conducting a preliminary investigation deserves scant consideration.
The fact remains that at that time JUANITO was already under the custody of the police authorities, who
had already taken the statement of the witnesses who were then before Judge Dicon for the administration
of their oaths on their statements.
Same; Same; Arrests; Words and Phrases; Arrest is the taking of a person into custody in order
that he may be bound to answer for the commission of an offense, and it is made by an actual restraint
of the person to be arrested, or by his submission to the person making the arrest.—While Mosqueda
claims that JUANITO was not arrested but was rather brought to the police headquarters on 4 August
1996 for his protection, the records reveal that JUANITO was in fact arrested. If indeed JUANITO’s
safety was the primordial concern of the police authorities, the need to detain and deprive him of his
freedom of action would not have been necessary. Arrest is the taking of a person into custody in order
that he may be bound to answer for the commission of an offense, and it is made by an actual restraint of
the person to be arrested, or by his submission to the person making the arrest.
Same; Same; Same; While a suspect’s extrajudicial confession before a judge made without the
advice and assistance of counsel is inadmissible in evidence, it could however be treated as a verbal
admission of the accused, which could be established through the testimonies of the persons who heard it
or who conducted the investigation of the suspect.—At any rate, while it is true that JUANITO’s
extrajudicial confession before Judge Dicon was made without the advice and assistance of counsel and
hence inadmissible in evidence, it could however be treated as a verbal admission of the accused, which
could be established through the testimonies of the persons who heard it or who conducted the
investigation of the accused.
Alibi; Words and Phrases; Alibi is a defense that places an accused at the relevant time of a crime
in a place other than the scene involved and so removed therefrom as to render it impossible for him to
be the guilty party.—JUANITO’s defense of alibi is futile because of his own admission that he was at
the scene of the crime. Alibi is a defense that places an accused at the relevant time of a crime in a place
other than the scene involved and so removed therefrom as to render it impossible for him to be the guilty
party. Likewise, a denial that is unsubstantiated by clear and convincing evidence is a negative and self-
serving evidence, which cannot be accorded greater evidentiary weight than the declaration of credible
witnesses who testify on affirmative matters.
Witnesses; Minor inconsistencies and honest lapses strengthen rather than weaken the credibility of
witnesses, as they erase doubts that such testimonies have been coached or rehearsed.—Anent the
alleged inconsistencies in the details surrounding the recovery of the black rope, the same are irrelevant
and trite and do not impair the credibility of the witnesses. Minor inconsistencies and honest lapses
strengthen rather than weaken the credibility of witnesses, as they erase doubts that such testimonies have
been coached or rehearsed. What matters is that the testimonies of witnesses agree on the essential fact
that JUANITO was the owner of the black rope and the perpetrator of the crime.
Circumstantial Evidence; Requisites.—Guilt may be established through circumstantial evidence
provided that the following requisites concur: (1) there is more than one circumstance; (2) the inferences
are based on proven facts; and (3) the combination of all circumstances produces a conviction beyond
reasonable doubt of the guilt of the accused. All these requisites are present in the case at bar.
AUTOMATIC REVIEW of a decision of the Regional Trial Court of Aurora, Zamboanga del
Sur, Br. 30.

Pp. vs. Baloloy - Doctrine Only

Uploaded by

Copyright:

Available Formats

Pp. vs. Baloloy - Doctrine Only

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pp. vs. Baloloy - Doctrine Only

Uploaded by

Copyright:

Available Formats

G.R. No. 140740.

April 12, 2002. *

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUANITO BALOLOY, accused-

You might also like