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People V Continente

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53 PEOPLE V CONTINENTE FACTS:

G.R No. 100801-02 | August 25, 2000 | De Leon, Jr., J.  April 21, 1989: At 7 am, the car of U.S. Col James Rowe, Deputy
Commander, Joint US Military Assistance Group (JUSMAG), was
SUMMARY: ambushed at the corner of Tomas Morato Street and Timog
U.S. Col. James N. Rowe, who was onboard his car being driven by Avenue, QC.
Joaquin Vinuya was ambushed by gunmen. Donato Continente and o Rowe was onboard his gray Mitsubishi Galant driven by
Juanito Itaas were charged for said crime and both admitted being Joaquin Vinuya when gunmen, were onboard a Toyota
Corolla (which was later recovered at San Francisco de
involved in the ambush. However, they later stated that they signed
Monte, QC) suddenly fired at his car thereby killing Col.
their admissions because of fear. Itaas claims that he signed the Rowe and seriously wounding Vinuya.
waiver his constitutional rights without the presence of counsel while o The car by the gunmen was followed by a Mitsubishi Lancer
Continente signed such waiver without counsel explaining it to him.  They were initially brought to the V. Luna Hospital before being
The Court held that the waivers were valid, and that substantial transferred to Clark Air Base Hospital, Pampanga. (Rowe dead
evidence proved that they were assisted and consulted by counsel on arrival)
before signing any waivers and sworn statements. The Court also held o Doctors Divers and Santiago testified that Rowe sustained a
gunshot wound on the left side of his head, abrasions on
that Continente was only an accomplice to the crime of murder and
other parts; Vinuya had 3 superficial injuries on the scalp, left
attempted murder while Itaas was a principal in said crimes.
shoulder and back of the left hand.
 Upon further investigation of the case, the CIS agents
PROVISIONS APPLICABLE: established the involvement of appellant Donato Continente,
Article III, Section 12(1) 1987 Constitution: Any person under UP Collegian employee, in the ambush of Col. Rowe.
investigation for the commission of an offense shall have the right to o Thereafter, the CIS agents accosted Continente inside the
be informed of his right to remain silent and to have competent and U.P. Campus and took him to Camp Crame for questioning.
independent counsel preferably of his own choice. If the person o During the interrogation conducted by CIS Investigator
cannot afford the services of counsel, he must be provided with one. Virgilio Pablico and in the presence of Atty. Bonifacio
These rights cannot be waived except in writing and in the presence Manansala, Continente admitted to his participation in the
of counsel. ambush of Col. Rowe as a member of the surveillance unit
under the Political Assassination Team of the CPP-NPA.
DOCTRINE: o Among the document confiscated was a letter addressed
The rights to remain silent and to counsel may be waived by the to “Sa Kinauukulan.” At the dorsal right hand side of the
letter appear “STR PATRC” (Sa Tagumpay ng Rebolusion;
accused provided that the constitutional requirements are complied
Political Assassination Team, Regional Command)
with. It must appear clear that the accused was initially accorded his  Another confidential information established the participation
right to be informed of his right to remain silent and to have a of appellant Juanito Itaas in the said ambush.
competent and independent counsel preferably of his own choice. In o He was a known member of the Sparrow Unit of the NPA
addition, the waiver must be in writing and in the presence of counsel. and was arrested in Davao City and brought to Manila
If the waiver complies with the constitutional requirements, then the o During the investigation, Itaas disclosed that he was an
extrajudicial confession will be tested for voluntariness, i.e., if it was active member of the Sparrow Unit of the NPA based in
given freely — without coercion, intimidation, inducement, or false Davao and confessed, in the presence of Atty. Filemon
Corpuz, who apprised and explained to him his
promises; and credibility, i.e., if it was consistent with the normal
constitutional rights, that he was the one who fired at the
experience of mankind. car of Col. Rowe
 Witness Meriam Zulueta, while going to JUSMAG for her 1. W/N the waivers of the constitutional rights during the custodial
practicum, saw persons on board a maroon car firing at a gray investigation by the appellants were valid — YES
car. She recognized the driver of the Mitsubishi (who catcalled  The rights to remain silent and to counsel may be waived by the
accused provided that the constitutional requirements are
her) and Itaas, when he was presented for identification as the
complied with.
person directly behind the driver of the maroon car (body half  It must appear clear that the accused was initially accorded his
exposed while firing). She also recognized Continente, whom right to be informed of his right to remain silent and to have
she had encountered on at least 3 occasions at a carinderia competent and independent counsel preferably of his own
(mistook for a tricycle driver) outside the JUSMAG compound. choice.
 For their part, appellants deny the truth of the contents of their  If the waiver complies with the constitutional requirements, then
sworn statements: the extrajudicial confession will be tested for voluntariness
o Itaas: (1) he was tortured, blindfolded, and a masking tape o If it was given freely - without coercion, intimidation,
was placed on his mouth; (2) he affixed his signatures on the inducement, or false promises and credibility; if it was
sworn statements in the presence of the CIS officers and consistent with the normal experience of mankind.
that Atty. Corpus was not present during that occasion; (3)  The right of a person under investigation “to be informed”
CIS officers threatened him to admit to the contents of the implies a correlative obligation on the part of the police
two sworn statements investigator to explain and contemplates an effective
o Continente: (1)he was alone with the Investigator during the communication that results in understanding of what is
investigation; (2)signed the sworn statement in the presence conveyed.
of the Investigator and swore to the truth thereof before the  The advice or “Paliwanag” found at the beginning of
administering fiscal for fear that something might happen to extrajudicial confessions that merely enumerate to the accused
him while he was alone; (3)signed the last page of his sworn his custodial rights does not meet the standard provided by law.
statement first before signing the waiver of his constitutional o Do not evince a clear and sufficient effort to inform and
rights upon arrival of Atty. Manansala whose services was explain to the appellant his consti. rights.
engaged by the CIS; (4)had no opportunity to talk with Atty  Appellants: they were not properly informed of their custodial
Manansala who left after her signed, merely as a witness, rights under the constitution as to enable them to make a valid
the first page of his sworn statement, which is the waiver of waiver.
his constitutional rights.  SC: However, portions ("Paliwanag") of the written statements
 Prosec. Witness Sgt. Reynaldo dela Cruz testified that he issued contain an explanation as to the nature of the investigation
the receipt of the confiscated documents of Continente and o an advice that the appellants may choose not to give
the it was SOP to put a blindfold on a suspected NPA member any statement to the investigator and a warning that
to prevent him to view the entrance and exit of the any statement obtained from the appellants may be
compound. used in favor or against them in court
 Pablico: the CIS’ lawyers, Manansala and Corpuz were o advice that the appellants may engage the services of
present, conferred with he appellants before they gave their a lawyer of their own choice. If they cannot afford the
statements and were accompanied when they brought for services of a lawyer, they will be provided with one
inquest, that the investigator typed only the statements that o both appellants manifested to CIS Investigator Virgilio
they had given in response to the questions, Pablico their intentions to give their statements even in
 RTC convicted both appellants guilty of the crime of murder the absence of counsel.
and frustrated murder.  Pablico requested for the legal services of Atty. Manansala to
act as counsel for Continente and Atty. Corpuz for Itaas.
ISSUES w/ HOLDING & RATIO: Significantly, Pablico disclosed that appellant Continente
conferred with Manansala in his presence for about half an hour
before the investigation started.
 Nevertheless, Continente maintained his decision to give a  Written confessions of appellants are replete with details which
statement even in the absence of counsel. As proof thereof, the could be supplied only by someone in the know so to speak.
appellant signed the "Pagpapatunay" that contains an express They reflect spontaneity and coherence which psychologically
waiver of his constitutional rights in the presence of Atty.
cannot be associated with a mind to which violence and
Manansala
 With respect to appellant Itaas, Atty. Corpuz testified that his torture have been applied.
legal services were requested on two (2) occasions to act as o Itaas: he was an active member of the New People's
counsel for Itaas Army (NPA) and performed different functions in
o he conferred with the appellant before the Davao; that he was one of the two other members of
investigations and explained to him his consti. rights and the NPA who were sent to Manila, etc
the consequences of waiving such. After which, Itaas o Continente: he had been a member of several
decided to sign the "Pagpapatunay", which are entirely
revolutionary groups before
written in Tagalog
 Continente and Itaas likewise impugn their respective written o becoming a full fledged member of the Communist
statements. They allege that the statements appearing therein Party of the Philippines under the Political Assassination
were supplied by the CIS investigator. Team (PAT) headed by a certain Kit; that the objective
 Pablico, denied this, saying that during his investigations of the of their team was primarily to conduct surveillance on
appellants, he simultaneously typewrote his questions to the, foreigners and diplomats
including their answers in Tagalog, thus leaving no room for him  Continente and Itaas may not validly repudiate the counsels
to fabricate an answer. who rendered them legal assistance
o After which, he allowed the appellants to read their o A lawyer provided by the investigators is deemed
respective confessions, a fact that was admitted by engaged by the accused where he never raised any
Continente. Thereafter, the appellants voluntarily affixed objection against the former's appointment during the
their signatures on every page. course of the investigation and the accused thereafter
 Continente appeared before QC City Prosecutor Galicano and subscribes to the veracity of his statement before the
affirmed under oath the truth of his statements by affixing his swearing officer
signature on the left hand portion of every page.  While it is admitted that Atty. Corpuz served in the military as
o Itaas, accompanied by Atty. Corpuz, affirmed under prosecutor, such fact is not sufficient to adjudge the said lawyer
oath the truth of his statements in his written confessions as biased against the Itaas in the absence of any concrete
by affixing his signature on every page thereof before evidence to that effect. The defense also failed to adduce
the administering officer substantial evidence to support a finding that Atty. Corpuz was
 Continente claims that he was under pressure to read entirely short of being a vigilant and effective counsel for the said
his written confession appellant.
o This is belied by his own admission that he was treated
fairly during the investigation 2. W/N the testimony of prosecution eyewitness Meriam Zulueta was
o No basis to support the claim of Itaas that he was
credible – YES
tortured
o did not present evidence of compulsion or duress or  The trial court accorded full faith and credence to her said
violence on their persons; did not institute any criminal or testimony. The defense failed to adduce any evidence to establish
administrative action against their alleged intimidators any improper motive. It is well-settled rule that the evaluation of
for maltreatment; no marks of violence on their bodies; the testimonies of witnesses by the trial court is received with the
and did not have themselves examined by a reputable highest respect because such court has the direct opportunity to
physician to buttress their claim
observe the witnesses on the stand
In Criminal Case No. Q-89-4843, appellants Juanito Itaas and Donato
3. W/N appellants conspired in the commission of the crimes – NO Continente are found GUILTY beyond reasonable doubt of the crime
 Conspiracy exists when two or more persons come to an of murder, as principal and as accomplice, respectively. Appellant
Itaas, as principal, is hereby sentenced to suffer imprisonment
agreement concerning the commission of a felony and decide to
of reclusion perpetua. Appellant Continente as accomplice, is hereby
commit it. To prove conspiracy, the prosecution must establish the sentenced to suffer imprisonment for twelve (12) years of prision
following three (3) requisites: (1) that two or more persons come to mayor, as minimum, to fourteen (14) years and eight (8) months
an agreement; (2) that the agreement concerned the commission of reclusion temporal, as maximum. Both appellants Itaas and
of a crime; and (3) that the execution of the felony was decided Continente are ORDERED to pay jointly and severally the amount of
upon. P50,000.00 to the heirs of the victim, Col. James Rowe, by way of civil
o “Conspirators, however, know the criminal intention indemnity.
because they themselves have decided upon such course
In Criminal Case No. Q-89-4844, appellants Juanito Itaas and Donato
of action. Accomplices come to know about it after the
Continente are found GUILTY beyond reasonable doubt of the crime
principals have reached the decision, and only then do of attempted murder, as principal and as accomplice, respectively.
they agree to cooperate in its execution.” (People v de Appellant Itaas, as principal, is hereby sentenced to suffer
Vera) imprisonment for six (6) years of prision correccional, as minimum, to
 Continente is liable only as an accomplice for his participation was nine (9) years and six (6) months of prision mayor, as maximum.
made only after the decision to ambush was already a fait Appellant Continente, as accomplice, is hereby sentenced to suffer
accompli. Continente was merely assigned to the vicinity of the imprisonment of six (6) months of arresto mayor, as minimum, to two
(2) years and four (4) months of prision correccional, as maximum.
JUSMAG Compound before the shooting incident to gather
certain data, specically the number of people and volume of
vehicles in the area, the measurement of the streets and reported
his finding to Ka Freddie. He was also not present at the crime
scene.
 The shooting was attended by treachery (being armed with powerful firearms, waited for
the car of Col. Rowe and without any warning, appellant Itaas and his companions
suddenly red at the said car). Hence, the crime committed for the killing of Col. James
Rowe during the said ambush is murder.
 The SC notes that the wounds sustained by Vinuya, the driver, are not fatal wounds but
merely superficial wounds. The records disclose that Joaquin Vinuya managed to drive
the car of Col. Rowe toward the JUSMAG Compound, 200 meters away from the site of
the ambush. He was treated for his wounds for only four (4) days. Hence, the crime
committed as against him is only attempted murder.

RULING:

WHEREFORE, the appealed Decision of the Regional Trial Court, Branch


88, in Criminal Cases Nos. Q-89-4843 and Q-89-4844 is hereby
MODIFIED, as follows:

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