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Published by Suzette Balucanag

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Published by: Suzette Balucanag on Sep 30, 2008
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 plaintiff-appellee, vs
:Accused-appellant Pablito Andan y Hernandez alias "Bobby" was accused of the crime of rape with homicide committed as follows:"That on or about the 19th day of February 1994, in the municipality of Baliuag, province of Bulacan, Philippines, and within the jurisdiction of thisHonorable Court, the above-named accused, with lewd design, by means of violence and intimidation, did then and there wilfully, unlawfully andfeloniously have carnal knowledge of one Marianne Guevarra y Reyes againsther will and without her consent; and the above-named accused in order tosuppress evidence against him and delay (sic) the identity of the victim, didthen and there wilfully, unlawfully and feloniously, with intent to kill the saidMarianne Guevarra y Reyes, attack, assault and hit said victim with concretehollow blocks in her face and in different parts of her body, thereby inflictingupon her mortal wounds which directly caused her death.Contrary to Law."The prosecution established that on February 19, 1994 at about 4:00 P.M., inConcepcion Subdivision, Baliuag, Bulacan, Marianne Guevarra, twenty yearsof age and a second-year student at the Fatima School of Nursing, left her home for her school dormitory in Valenzuela, Metro Manila. She was to prepare for her final examinations on February 21, 1994. Marianne wore astriped blouse and faded denim pants and brought with her two bagscontaining her school uniforms, some personal effects and more thanP2,000.00 in cash.Marianne was walking along the subdivision when appellant invited her insidehis house. He used the pretext that the blood pressure of his wife'sgrandmother should be taken. Marianne agreed to take her blood pressure asthe old woman was her distant relative. She did not know that nobody wasinside the house. Appellant then punched her in the abdomen, brought her tothe kitchen and raped her. His lust sated, appellant dragged the unconsciousgirl to an old toilet at the back of the house and left her there until dark. Nightcame and appellant pulled Marianne, who was still unconscious, to their  backyard. The yard had a pigpen bordered on one side by a six-foot highconcrete fence. On the other side was a vacant lot. Appellant stood on a bench beside the pigpen and then lifted and draped the girl's body over the fence totransfer it to the vacant lot. When the girl moved, he hit her head with a pieceof concrete block. He heard her moan and hit her again on the face. After silence reigned, he pulled her body to the other side of the fence, dragged ittowards a shallow portion of the lot and abandoned it.At 11:00 A.M. of the following day, February 20, 1994, the body of Mariannewas discovered. She was naked from the chest down with her brassiere and T-shirt pulled toward her neck. Nearby was found a panty with a sanitarynapkin.The autopsy conducted by Dr. Alberto Bondoc revealed that Marianne died of "traumatic injuries" sustained as follows:"1. Abrasions:1.1 chest and abdomen, multiple, superficial, linear,generally oblique from right to left.2. Abrasions/contusions:2.1 temple, right.2.2 cheek, right.2.3 upper and lower jaws, right.2.4 breast, upper inner quadrant, right.2.5 breast, upper outer quadrant, left.2.6 abdomen, just above the umbilicus, rectangular,approximate 3 inches in width, from right MCL to leftAAL.2.7. elbow joint, posterior, bilateral.3. Hematoma:
3.1 upper and lower eyelids, bilateral.3.2 temple, lateral to the outer edge of eyebrow, right.3.3 upper and lower jaws, right.4. Lacerated wounds:4.1 eyebrow, lateral border, right, 1/2 inch.4.2 face, from right cheek below the zygoma to midlinelower jaw, 4 inches.5. Fractures:5.1 maxillary bone, right.5.2 mandible, multiple, complete, right, with avulsion of 1st and 2nd incisors.6. Cerebral contusions, inferior surface, temporal and frontal lobes, right.7. External genitalia7.1 minimal blood present.7.2 no signs of recent physical injuries noted on both labia, introitus andexposed vaginal wall.8. Laboratory examination of smear samples from the vaginal cavityshowed negative for spermatozoa (Bulacan Provincial Hospital,February 22, 1994, by Dr. Wilfredo S. de Vera).CAUSE OF DEATH: Cardiorespiratory Arrest due to Cerebral Contusions dueto Traumatic Injuries, Face."Marianne's gruesome death drew public attention and prompted MayoCornelio Trinidad of Baliuag to form a crack team of police officers to look for the criminal. Searching the place where Marianne's body was found, the policemen recovered a broken piece of concrete block stained with whatappeared to be blood. They also found a pair of denim pants and a pair of shoes which were identified as Marianne's.Appellant's nearby house was also searched by the police who found bloodstains on the wall of the pigpen in the backyard. They interviewed theoccupants of the house and learned from Romano Calma, the stepbrother of appellant's wife, that accused-appellant also lived there but that he, his wifeand son left without a word. Calma surrendered to the police several articlesconsisting of pornographic pictures, a pair of wet short pants with somereddish brown stain, a towel also with the stain, and a wet T-shirt. The clotheswere found in the laundry hamper inside the house and allegedly belonged toappellant.The police tried to locate appellant and learned that his parents live inBarangay Tangos, Baliuag, Bulacan. On February 24 at 11:00 P.M., a policeteam led by Mayor Trinidad traced appellant in his parents' house. They took him aboard the patrol jeep and brought him to the police headquarters wherehe was interrogated. Initially, appellant denied any knowledge of Marianne'sdeath. However, when the police confronted him with the concrete block, thevictim's clothes and the bloodstains found in the pigpen, appellant relentedand said that his neighbors, Gilbert Larin and Reynaldo Dizon, killedMarianne and that he was merely a lookout. He also said that he knew whereLarin and Dizon hid the two bags of Marianne. Immediately, the police took appellant to his house. Larin and Dizon, who were rounded up earlier, werelikewise brought there by the police. Appellant went to an old toilet at the back of the house, leaned over a flower pot and retrieved from a canal under the pot, two bags which were later identified as belonging to Marianne.Thereafter, photographs were taken of appellant and the two other suspectsholding the bags.Appellant and the two suspects were brought back to the police headquarters.The following day, February 25, a physical examination was conducted on thesuspects by the Municipal Health Officer, Dr. Orpha Patawaran. Appellantwas found to sustain:"HEENT: with multiple scratches on the neck Rt side. Chest and back: with abrasions (scratches at the back). Extremities: freshly-healed wound along index finger 1.5 cm. in size Lt."By this time, people and media representatives were already gathered at the police headquarters awaiting the results of the investigation. Mayor Trinidadarrived and proceeded to the investigation room. Upon seeing the mayor,appellant approached him and whispered a request that they talk privately. Themayor led appellant to the office of the Chief of Police and there, appellant
 broke down and said "Mayor, patawarin mo ako! I will tell you the truth. I amthe one who killed Marianne." The mayor opened the door of the room to letthe public and media representatives witness the confession. The mayor firstasked for a lawyer to assist appellant but since no lawyer was available heordered the proceedings photographed and videotaped. In the presence of themayor, the police, representatives of the media and appellant's own wife andson, appellant confessed his guilt. He disclosed how he killed Marianne andvolunteered to show them the place where he hid her bags. He asked for forgiveness from Larin and Dizon whom he falsely implicated saying he did it because of ill-feelings against them. He also said that the devil entered hismind because of the pornographic magazines and tabloid he read almosteveryday. After his confession, appellant hugged his wife and son and askedthe mayor to help him. His confession was captured on videotape and covered by the media nationwide.Appellant was detained at the police headquarters. The next two days,February 26 and 27, more newspaper, radio and television reporters came.Appellant was again interviewed and he affirmed his confession to the mayor and reenacted the crime.On arraignment, however, appellant entered a plea of "not guilty." He testifiedthat in the afternoon of February 19, 1994 he was at his parent's house inBarangay Tangos attending the birthday party of his nephew. He, his wife andson went home after 5:00 P.M. His wife cooked dinner while he watched their one-year old son. They all slept at 8:00 P.M. and woke up the next day at 6:00in the morning. His wife went to Manila to collect some debts while he andhis son went to his parents' house where he helped his father cement the floor of the house. His wife joined them in the afternoon and they stayed there untilFebruary 24, 1994 when he was picked up by the police.Appellant was brought by the police to a hotel at Bagong Nayon, Baliuag. Inone of the rooms, the policemen covered his face with a bedsheet and kickedhim repeatedly. They coerced him to confess that he raped and killedMarianne. When he refused, they pushed his head into a toilet bowl andinjected something into his buttocks. Weakened, appellant confessed to thecrime. Thereafter, appellant was taken to his house where he saw two of hisneighbors, Larin and Dizon. He was ordered by the police to go to the oldtoilet at the back of the house and get two bags from under the flower pot.Fearing for his life, appellant did as he was told.In a decision dated August 4, 1994, the trial court convicted appellant andsentenced him to death pursuant to Republic Act No. 7659. The trial court alsoordered appellant to pay the victim's heirs P50,000.00 as death indemnity,P71,000.00 as actual burial expenses and P100,000.00 as moral damages,thus:"WHEREFORE, in view of the foregoing, Pablito Andan y Hernandez alias"Bobby" is found guilty by proof beyond a scintilla of doubt of the crimecharged in the Information (Rape with Homicide) and penalized in accordancewith R.A. No. 7659 (Death Penalty Law) Sec. 11, Par. 8, classifying thisoffense as one of the heinous crimes and hereby sentences him to suffer the penalty of DEATH; to indemnify the family of Marianne Guevarra the amountof P50,000.00 for the death of Marianne Guevarra and P71,000.00 as actual burial and incidental expenses and P100,000.00 as moral damages. After automatic review of this case and the decision becomes final and executory,the sentence be carried out.SO ORDERED."This case is before us on automatic review in accordance with Section 22 of Republic Act No. 7659 amending Article 47 of the Revised Penal Code.Appellant contends that:"I THE LOWER COURT ERRED IN ADMITTING AND USING ASBASIS OF JUDGMENT OF CONVICTION THE TESTIMONIES OF THEPOLICE INVESTIGATORS, REPORTERS AND THE MAYOR ON THEALLEGED ADMISSION OF THE ACCUSED DURING THE CUSTODIALINVESTIGATION, THE ACCUSED NOT BEING ASSISTED BYCOUNSEL IN VIOLATION OF THE CONSTITUTION;II THE LOWER COURT ERRED IN FINDING THAT THERE WAS RAPEWHEN THERE IS NO EVIDENCE OF ANY KIND TO SUPPORT IT;III THE LOWER COURT ERRED IN MAKING A FINDING OFCONVICTION WHEN THE EVIDENCE IN ITS TOTALITY SHOWS THAT

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