1 People vs. Dacanay

10/18/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 807

G.R. No. 216064. November 7, 2016.*

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO
DACANAY y TUMALABCAB, accused-appellant.
Remedial Law; Evidence; Confessions; A confession made before news

reporters, absent any showing of undue influence from the police
authorities, is sufficient to sustain a conviction for the crime confessed to by
the accused.—Our pronouncements in People v. Andan, 269 SCRA 95
(1997), are instructive. In said case, we held that a confession made before
news reporters, absent any showing of undue influence from the police
authorities, is sufficient to sustain a conviction for the crime confessed to by
the accused.
Same; Same; Same; Extrajudicial Confession; The fact that the
extrajudicial confession was made by Antonio while inside a detention cell
does not by itself render such confession inadmissible.—The fact that the
extrajudicial confession was made by Antonio while inside a detention cell
does not by itself render such confession inadmissible, contrary to what
Antonio would like this Court to believe. In People v. Domantay, 307 SCRA
1 (1999), where the accused was also interviewed while inside a jail cell,
this Court held that such circumstance alone does not taint the extrajudicial
confession of the accused, especially since the same was given freely and
spontaneously.
Same; Same; Same; Same; It is well-settled that where the accused
fails to present evidence of compulsion; where he did not institute any
criminal or administrative action against his supposed intimidators for
maltreatment; and where no physical evidence of violence was presented, all
these will be considered
_______________
* FIRST DIVISION.

www.central.com.ph/sfsreader/session/0000016ddf0e90bb3a2c76cb003600fb002c009e/t/?o=False 1/18
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People vs. Dacanay
as factors indicating voluntariness.—It is well-settled that where the

accused fails to present evidence of compulsion; where he did not institute
any criminal or administrative action against his supposed intimidators for
maltreatment; and where no physical evidence of violence was presented, all
these will be considered as factors indicating voluntariness.
Criminal Law; Parricide; Under Article 246 of the Revised Penal Code
(RPC), the crime of Parricide is committed when: (1) a person is killed; (2)
the deceased is killed by the accused; (3) the deceased is the father, mother,
or child, whether legitimate or illegitimate, or a legitimate other ascendants
or other descendants, or the legitimate spouse of the accused.—Under
Article 246 of the RPC, the crime of Parricide is committed when: (1) a
person is killed; (2) the deceased is killed by the accused; (3) the deceased is
the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendants or other descendants, or the legitimate spouse of
the accused.
Remedial Law; Criminal Procedure; Factual findings of the trial court,
especially when affirmed by the Court of Appeals (CA), deserve great weight
and respect and should not be disturbed on appeal, unless these are facts of
weight and substance that were overlooked or misinterpreted and would
materially affect the disposition of the case.—As a final note, worth
reiterating is the general rule that factual findings of the trial court,
especially when affirmed by the CA, deserve great weight and respect and
should not be disturbed on appeal, unless these are facts of weight and
substance that were overlooked or misinterpreted and would materially
affect the disposition of the case. Moreover, in assessing the credibility of
the competing testimonies of witnesses, the Court defers to the findings of
the trial court, in light of the unique opportunity afforded them to observe
the witnesses and to ascertain and measure their sincerity, spontaneity, as
well as their demeanor and behavior in court.
Criminal Law; Penalties; Civil Indemnity; Moral Damages; Exemplary
Damages; In parricide cases, the heirs are entitled to P75,000.00 as civil
indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary
damages.—Following our ruling in People v. Jugueta, 788 SCRA 331
(2016), we hereby grant an award for civil indemnity and moral and
exemplary damages in the amount of Seventy-Five Thousand Pesos
(P75,000.00) each.
APPEAL from a decision of the Court of Appeals, Tenth (10th)

Division.
The facts are stated in the opinion of the Court.
The Solicitor General for plaintiff-appellee.

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132 SUPREME COURT REPORTS ANNOTATED

People vs. Dacanay
Public Attorney’s Office for accused-appellant.

CAGUIOA, J.:

This is an Appeal1 filed under Section 13(c), Rule 124 of the
Rules of Court from the Decision dated April 2, 20142 (questioned
Decision) of the Court of Appeals, Tenth (10th) Division (CA), in
C.A.-G.R. CR-H.C. No. 05083, which affirmed the Judgment dated
June 21, 20113 of the Regional Trial Court of Manila, Branch 7
(RTC), in Criminal Case No. 07-257131.
In an Information filed with the RTC, accused-appellant Antonio4
T. Dacanay (Antonio) was charged with the crime of Parricide under
Article 246 of the Revised Penal Code (RPC), as amended,5 the
accusatory portion of which reads:
That on or about October 06, 2007, in the City of Manila, Philippines,

the said accused, with intent to kill, did then and there willfully, unlawfully
and feloniously attack, assault and use personal violence upon the person of
one NORMA DACANAY y ERO, his wife, by then and there stabbing her
body with an ice pick several times, thereby inflicting upon her mortal stab
wounds which were the direct and immediate cause of her death thereafter.
Contrary to law.6

The antecedent facts, as summarized by the RTC and affirmed by
the CA, follow.
_______________
1 Rollo, pp. 16-18.

2 Id., at pp. 2-15. Penned by Associate Justice Eduardo B. Peralta, Jr., with
Associate Justices Magdangal M. De Leon and Stephen C. Cruz, concurring.
3 CA Rollo, pp. 19-30. Penned by Presiding Judge Ma. Theresa Dolores C.
Gomez-Estoesta.
4 Also referred to as Anthony in the CA Decision.
5 ART. 246. Parricide.—Any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants, or his
spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion
perpetua to death.
6 CA Rollo, p. 19.

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On October 6, 2007, Norma E. Dacanay (Norma), the wife of

Antonio, was found lifeless with several puncture wounds on the
bathroom floor of their home by their son, Quinn, who was then
coming home from school.7 Quinn likewise observed that the rest of
the house was in disarray, with the clothes and things of Norma
scattered on the floor, as if suggesting that a robbery had just taken
place.8 At that time, Antonio had already left for work after having
allegedly left the house at around six in the morning.9
Quinn then rushed to the house of his aunt, one Beth Bautista, to
tell her about the fate of Norma, and then proceeded to the
workplace of Antonio,10 which was only ten (10) minutes away from
their house.11 Thereafter, both Quinn and Antonio proceeded back to
their house and were met by some police officers who were then
already conducting an investigation on the incident.12
Antonio was then interviewed by PO3 Jay Santos (PO3 Santos),
during which interview, Antonio informed PO3 Santos that One
Hundred Thousand Pesos (P100,000.00) in cash and pieces of
jewelry were missing.13 Antonio alluded to a certain “Miller” as an
alleged “lover” of Norma who may have perpetrated the crime.14
However, after further investigation, the identity of “Miller” was
never ascertained, as none of Norma’s friends knew of any such
person.15
After PO3 Santos’s inspection of the crime scene, Antonio was
invited to the precinct to formalize his statement, to which the latter
declined, as he still had to take care of the funeral arrangements of
Norma.16
_______________
7 Rollo, pp. 3-4.

8 Id.
9 Id., at p. 6.
10 Id., at p. 3; CA Rollo, p. 20.
11 Id., at p. 7.
12 Id., at p. 3.
13 Id., at p. 4.
14 Id.
15 Id.
16 Id.

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People vs. Dacanay
While Antonio promised to proceed to the police station on the

following day, he never made good on such promise.17
On October 8, 2007, PO3 Santos went to Antonio’s workplace at
PHIMCO Industries, Inc. (PHIMCO) in Punta, Sta. Ana, Manila, to
once again invite Antonio to the precinct.18 Antonio acceded to such
request and, after fetching Quinn from school, they all proceeded to
the police station.19 When they arrived at the precinct, Barangay
Kagawad Antonio I. Nastor, Jr. and some members of the media
were present.20
While at the precinct, Barangay Kagawad Antonio I. Nastor, Jr.
informed PO3 Santos that Antonio was already willing to confess to
killing Norma.21 Accordingly, PO3 Santos proceeded to contact a
lawyer from the Public Attorney’s Office.22 In the meantime, PO3
Santos apprised Antonio of his constitutional rights, including the
right to remain silent.23 However, as determined by both the RTC
and the CA, despite having been apprised of his rights, Antonio
nonetheless confessed to the crime before the media representatives,
who separately interviewed him without PO3 Santos, viz.:
Per [Antonio]’s account, around 4:00 in the morning, he and his wife had
a fight pertaining to the unaccounted amount of P100,000.00. With extreme
anger, he stabbed his wife several times. Thereafter, he threw all the pieces
of evidence to the river. [Antonio] further declared that he set up the first
floor of their house by placing a pitcher of juice, a half-empty glass of juice
and cigarette on top of the table, to make it appear that someone else went to
their house and robbed the place. He also confessed that he took the missing
pieces of jewelry and placed them inside his locker at PHIMCO. He
allegedly admitted the killing of his wife as his conscience has been
bothering him. x x x24
_______________
17 Id.
18 Id., at p. 5.
19 Id.
20 Id.
21 RTC Decision dated June 21, 2011, p. 3; CA Rollo, p. 21.
22 CA Decision dated April 2, 2014, p. 4; Rollo, p. 5.
23 Appellant’s Brief dated March 20, 2012, p. 7; CA Rollo, p. 84.
24 CA Decision dated April 2, 2014, p. 4; Rollo, p. 5.

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People vs. Dacanay
Insofar as accused’s confession was heard, media men Nestor Etolle

from the Philippine Star and Jun Adsuara from Tanod (Bantay ng Bayan)
alleged, in the same tenor, that when it was reported that the case has (sic)
been solved, they each went, at different time intervals, to the detention cell
of the Manila Police District to interview the suspect. Accused, however,
remained consistent in admitting that he was the one who killed his wife.
x x x He was alleged to have said that he has been bothered by his
conscience that was why he admitted to the killing. x x x25 (Citations
omitted)

Notably, the reporters, Jun Adsuara and Nestor Etoile, were
presented by the prosecution during trial, wherein both testified that
Antonio voluntarily admitted his complicity in the crime without
any intimidation or coercion exerted on his person.26 As a result of
the interview, a news article entitled “Mister timbog sa pagpatay sa
asawa” was published in the October 10, 2007 issue of Tanod
Diyaryo Bayan.27
Moreover, it was later confirmed by PO3 Santos during a follow-
up operation that the missing jewelry (e.g., a pair of gold earrings, a
necklace with a cross pendant, a necklace with an oval pendant)
were indeed stored in Antonio’s locker at PHIMCO, consistent with
the latter’s extrajudicial confession before the press.28 Likewise,
based on a medico-legal report prepared by Dr. Romeo Tagala Salen
of the Manila Police District, the cause of Norma’s death was due to
multiple puncture wounds on the body, and that the weapon used
could have been a round instrument (e.g., an ice pick).29
For his defense, as summarized by the RTC, Antonio interposed
the twin defenses of alibi and denial, claiming coercion and
intimidation on the part of the police officers involved in the
investigation of the crime, to wit:
At the police station, accused was subjected to investigation. His son was
directed to stay far from where he was positioned. Mo-
_______________
25 RTC Decision dated June 21, 2011, pp. 3-4; CA Rollo, pp. 21-22.
26 Id., at pp. 8-9; id., at pp. 26-27.
27 Rollo, p. 6.
28 CA Rollo, p. 21.

29 Id., at p. 85.

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People vs. Dacanay
ments later, accused felt that the investigating police were not satisfied with
his answer for which reason he was isolated in another room. There were at
least three (3) policemen. He also saw PO2 Jaime Gonzales, being the
companion of PO3 Jay Santos during the time of his arrest. It was at this
instance where he was boxed on the side as they cursed him and pointed a
gun at him. The police wanted him to admit that he was the one who killed
his wife. Accused felt that he was shaking all over. Accused was then
moved back to where his son was confined. He saw the policemen strip his
son of his clothes as son cried, “Papa, help me!” His son was then brought
to the same room where he was earlier isolated x x x. Accused could only
beg, “Maawa kayo sa amin! Ako na lang ang saktan nyo, huwag na lang
anak ko” x x x.

x x x x

Accused thereafter denied having talked to a kagawad about being
responsible for the killing of his wife. He insisted that he was detained for a
crime he did not commit. He alluded that he was transferred to a place in V.
Mapa, Sta. Mesa, at around mid-morning in a service vehicle where his
arresting officers were wearing civilian clothes. He was asked if he had
money. Since he claimed not to have any, he heard the police say, “nag-
aaksaya lang tayo ng panahon dito” x x x.
It was then that accused was again transferred, this time, to PHIMCO
premises. His handcuff was removed by PO2 Jaime Gonzales. Accused
asked the guard for permission to enter. Accused was asked to lead them to
the production area where he worked and showed them the chemicals he
used for mixing x x x. Accused next denied that jewelries (sic) were
retrieved from his locker at PHIMCO. He alleged, however, that he was
shown jewelries (sic) which were taken from the pocket of PO2 Jaime
Gonzales but he averred that he did not recognize them. However, he was
directed to place his hand in his locker where a photo was taken x x x. They
went back to the police headquarters and was warned to keep mum about
their trip to Quintos. He was also warned that media people will be taking
his video x x x.
Accused drifted to sleep but as soon as he woke up, he was told that he
will be interviewed by the media. He remembered answering their questions
but denied having given any detail about the killing of his wife x x x. The
policemen behind him struck him in the head and admonished him why he
was not answering. He was asked by

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People vs. Dacanay
PO3 Jay Santos to sign a paper until PO3 Santos himself withdrew it x x x.
Later, he was subjected to inquest proceedings. He chose not to tell the
investigating prosecutor of his ordeal since he did not want a repeat of his
experience at the police precinct. He alleged that he felt afraid since PO3
Santos threatened him and poked a gun at him x x x.
Accused denied having killed his wife, alleging that she was alive the
morning he left for work x x x. He alluded to the fact that his wife was
engaged in lending money, proof of which was a blue ledger she always
kept for accounting x x x.30 (Citations omitted)

Upon arraignment, Antonio entered a plea of not guilty to the
crime charged.31 Trial on the merits then ensued and by Order dated
April 5, 2011 of the RTC, the case was submitted for judgment.32

Ruling of the RTC

In its Judgment dated June 21, 2011,33 the RTC gave weight to
the extrajudicial confession of Antonio and found him guilty of the
crime of Parricide, the dispositive portion of which stated:
WHEREFORE, for the death of his wife, Norma Dacanay y Ero, this
Court finds accused ANTONIO DACANAY y TUMALABCAB GUILTY
beyond reasonable doubt of the crime of Parricide defined and penalized
under Article 246 of the Revised Penal Code and is hereby imposed the
penalty of reclusion perpetua.
The preventive imprisonment already served by the accused shall be
CREDITED to the service of his sentence pursuant to Article 29 of the
same Code, as amended.
SO ORDERED.34
_______________
30 RTC Decision dated June 21, 2011, pp. 6-7; CA Rollo, pp. 24-25.
31 Id., at p. 81.
32 Id., at p. 51.
33 CA Rollo, pp. 19-30.
34 Id., at p. 29.

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People vs. Dacanay
Aggrieved, Antonio timely filed a Notice of Appeal dated June

30, 2011,35 elevating the case to the CA.

Ruling of the CA

In the questioned Decision, the CA affirmed the RTC in toto and
dismissed the appeal for lack of merit, on the ground that Antonio
failed to overcome the presumption of voluntariness attended by his
extrajudicial confession, as follows:
WHEREFORE, premises considered, the instant APPEAL is hereby

DISMISSED for LACK OF MERIT and the Judgment dated June 21,
2011 rendered by the Regional Trial Court, Branch 7, Manila in Criminal
Case No. 07-257131 is hereby AFFIRMED.
SO ORDERED.36

On April 24, 2014, Antonio filed a Notice of Appeal of even date
with the CA.37 Hence, the instant Appeal.
In a Resolution dated March 23, 2015,38 the Court instructed the
parties to file their respective Supplemental briefs, if they so desired.
In lieu of Supplemental Briefs, the parties filed Manifestations
respectively dated May 15, 201539 and May 22, 2015,40 informing
the Court that they were adopting their previous Briefs submitted to
the CA.

Issue

The sole issue for our resolution is whether the CA, in affirming
the RTC, erred in finding Antonio guilty of the crime of Parricide on
the basis of his extrajudicial confession.
_______________
35 Id., at p. 57.
36 Rollo, p. 15.
37 Id., at pp. 16-18.
38 Id., at pp. 22-23.
39 Id., at pp. 24-26.
40 Id., at pp. 29-30.

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People vs. Dacanay
The Court’s Ruling

In his Appeal, Antonio insists that his extrajudicial confession is
inadmissible on the ground that it was given under a “coercive
physical or psychological atmosphere.”41 To support his claim,
Antonio underscores the fact that he was inside a detention cell with
two (2) or three (3) other detainees when he allegedly confessed to
the crime before the media.42
We are not persuaded.
At the outset, we note that Antonio had already admitted in his
Appellant’s Brief that he was not under custodial investigation at the
time he gave his extrajudicial confession:
Although he was not under custodial investigation, note must be taken that
Antonio Dacanay was inside a detention cell with two (2) or three (3) other
detainees when he allegedly confessed before the media.43

x x x x

Lastly, although confession before the media does not form part of
custodial investigation, Antonio Dacanay should have been informed about
the consequences of his (sic) when he decided to confess his alleged guilt.44

Hence, Antonio’s reliance on constitutional safeguards is
misplaced as much as it is unfounded. We need not belabor this
point.
At this juncture, it bears stressing that during the separate
occasions that Antonio was interviewed by the news reporters, there
was no indication of the presence of any police officers within the
proximity who could have possibly exerted undue pressure or
influence. As recounted by both reporters during their testimonies,
Antonio voluntarily narrated how he perpetrated the crime in a
candid and straightforward manner,
_______________
41 CA Rollo, p. 93.

42 Id., at p. 92.
43 Appellant’s Brief dated March 20, 2012, p. 15; id.
44 Id., at p. 16; id., at p. 93.

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People vs. Dacanay
“with no trace of fear, intimidation or coercion in him.”45 We quote

with approval the following observations by the RTC in its Decision
dated June 21, 2011:
Insofar as accused’s confession was heard, media men Nestor Etolle

from the Philippine Star and Jun Adsuara from Tanod (Bantay ng Bayan)
alleged, in the same tenor, that when it was reported that the case has (sic)
been solved, they each went, at different time intervals, to the detention
cell of the Manila Police District to interview the suspect. Accused,
however, remained consistent in admitting that he was the one who
killed his wife (TSN dated November 17, 2008, p. 7; TSN dated November
26, 2008, pp. 4-5).46

x x x x

The audacity displayed by the accused in admitting the killing of his wife
slowly ebbed away as time passed by. Initially moved by a moral will since
his conscience could no longer contain it, accused’s admission to the crime
was unfortunately perpetuated by media men who published articles on his
resigned fate. In the October 10, 2007 article of Jun Asuadra in the Tanod
Diyaryo ng Bayan, accused was even quoted to have said, “Hindi ako
nagsisisi na pinatay ko ang aking asawa” (Exhibits “E” to “E-2”) x x x.47

x x x x

Despite such caveat admonished by the Supreme Court, it is found that
accused’s media confession in this case reels (sic) with the spontaneity of
his admission for which reason he should be made responsible for the
culpable act of having stabbed his wife 26 repeated times. Clearly, it was
the dictates of his conscience which made accused reveal his inner demons.
Nestor Etolle was particularly certain that accused talked in a
candid and straightforward manner with no trace of fear, intimidation
or coercion in him x x x. As an indication that accused was moved by his
inner will, his revelations spilled more than what was necessary. Accused
rather bared the essential
_______________
45 CA Rollo, p. 27.

46 Id., at p. 21.
47 Id., at pp. 25-26.

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People vs. Dacanay
details of the crime — from the marital squabble over the missing
P100,000.00 to the fact that he threw away the ice-pick but after attempting
to frame up evidence by staging the presence of cigarette butts and a glass
of juice on the kitchen table. These are damning statements; yet, the
purity of such revelations could have only come from the tormented
mind of the accused. Indeed, only torment could wash the soul of its
impurities.48 (Emphasis supplied)

Meanwhile, in the questioned Decision, the CA further observed:
When the accused was interviewed on separate occasions by Nestor

Etolle of Philippine Star and Juan Adsuara of Tanod Diyaryo ng Bayan, the
media men where (sic) outside the detention cell. In both instances, there
was no indication of any presence of police officers within the proximity of
the accused who can possibly exert undue pressure or influence.
Necessarily, while accused was physically restrained by the cold bars of
steel, he was at liberty to remain mute. Yet, he opted to respond to inquiries
from the media, and in the process, he practically threw caution to the wind
and spilled the beans, so to speak, when he conceded the killing of his wife
and recognized his culpability therefor. As observed by both reporters,
accused-appellant voluntarily narrated how he perpetrated the crime.49

On this score, our pronouncements in People v. Andan50 are
instructive. In said case, we held that a confession made before news
reporters, absent any showing of undue influence from the police
authorities, is sufficient to sustain a conviction for the crime
confessed to by the accused:
Clearly, appellant’s confessions to the news reporters were given free

from any undue influence from the police authorities. The news reporters
acted as news reporters when they interviewed appellant. They were
not acting under the direction
_______________
48 Id., at pp. 27-28.
49 Rollo, p. 11.
50 336 Phil. 91; 269 SCRA 95 (1997).

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People vs. Dacanay
and control of the police. They were there to check appellant’s confession
to the mayor. They did not force appellant to grant them an interview and
reenact the commission of the crime. In fact, they asked his permission
before interviewing him. They interviewed him on separate days not once
did appellant protest his innocence. Instead, he repeatedly confessed his
guilt to them. He even supplied all the details in the commission of the
crime, and consented to its reenactment. All his confessions to the news
reporters were witnessed by his family and other relatives. There was no
coercive atmosphere in the interview of appellant by the news reporters.
We rule that appellant’s verbal confessions to the newsmen are not
covered by Section 12(1) and (3) of Article III of the Constitution. The
Bill of Rights does not concern itself with the relation between a private
individual and another individual. It governs the relationship between
the individual and the State. The prohibitions therein are primarily
addressed to the State and its agents. They confirm that certain rights of the
individual exist without need of any governmental grant, rights that may not
be taken away by government, rights that government has the duty to
protect. x x x51 (Emphasis supplied)

The fact that the extrajudicial confession was made by Antonio
while inside a detention cell does not by itself render such
confession inadmissible, contrary to what Antonio would like this
Court to believe. In People v. Domantay,52 where the accused was
also interviewed while inside a jail cell, this Court held that such
circumstance alone does not taint the extrajudicial confession of the
accused, especially since the same was given freely and
spontaneously:
Accused-appellant claims, however, that the atmosphere in the jail

when he was interviewed was “tense and intimidating” and was similar
to that which prevails in a custodial investigation. We are not
persuaded. Accused-appellant was interviewed while he was inside his
cell. The interviewer stayed outside the cell and the only person besides him
_______________
51 Id., at pp. 112-113; pp. 116-117.
52 366 Phil. 459; 307 SCRA 1 (1999).

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People vs. Dacanay
was an uncle of the victim. Accused-appellant could have refused to be

interviewed, but instead, he agreed. He answered questions freely and
spontaneously. According to Celso Manuel, he said he was willing to accept
the consequences of his act.
Celso Manuel admitted that there were indeed some police officers
around because about two to three meters from the jail were the police
station and the radio room. We do not think the presence of the police
officers exerted any undue pressure or influence on accused-appellant
and coerced him into giving his confession.
Accused-appellant contends that “it is. . .not altogether improbable for
the police investigators to ask the police reporter (Manuel) to try to elicit
some incriminating information from the accused.” This is pure conjecture.
Although he testified that he had interviewed inmates before, there is no
evidence to show that Celso was a police beat reporter. Even assuming that
he was, it has not been shown that, in conducting the interview in question,
his purpose was to elicit incriminating information from accused-appellant.
To the contrary, the media are known to take an opposite stance against the
government by exposing official wrongdoings.
Indeed, there is no showing that the radio reporter was acting for the
police or that the interview was conducted under circumstances where it is
apparent that accused-appellant confessed to the killing out of fear. x x x53
(Emphasis supplied)

Following this Court’s ruling in People v. Jerez,54 the details
surrounding the commission of the crime, which could be supplied
only by the accused, and the spontaneity and coherence exhibited by
him during his interviews, belie any insinuation of duress that would
render his confession inadmissible.
Notably, while Antonio’s testimony is replete with imputations of
violence and coercion, no other evidence was presented to buttress
these desperate claims. Neither was there any indication that
Antonio instituted corresponding criminal or administrative actions
against the police officers allegedly responsible. It is well-settled
that where the ac-
_______________
53 Id., at pp. 474-475; pp. 17-18.

54 349 Phil. 319, 327; 285 SCRA 393, 401 (1998).

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People vs. Dacanay
cused fails to present evidence of compulsion; where he did not

institute any criminal or administrative action against his supposed
intimidators for maltreatment; and where no physical evidence of
violence was presented, all these will be considered as factors
indicating voluntariness.55
In fact, what is glaring from the evidence is the deafening silence
of Antonio’s son, Quinn, with respect to the violence and coercion
allegedly inflicted on his person and that of his father’s. Indeed,
were the allegations of Antonio even faintly true, Quinn would have
testified to such fact while on the witness stand. Instead, despite
numerous opportunities to do so, Antonio’s claims were left
uncorroborated, as aptly pointed out by the RTC:
The only person who could have corroborated accused’s allusion to

coercion and intimidation was his own son, Quinn Anthony. However, when
Quinn Anthony took the witness stand, he merely referred to the arrest of
his father. He alleged that he did not even ask his father the reason for his
arrest and right there and then, simply told him to take care of himself (TSN
dated June 2, 2008,
p. 11).
Perceptively, if any of such coercion or intimidation occurred, 18-year
old Quinn Anthony would have been naturally goaded to reveal them. He
already lost his mother. The fear of losing his father, if unjustly castigated,
would have made him corroborate his father’s story. But none absolutely
came on the witness stand. There is thus a nagging suspicion that accused’s
account of coercion and intimidation may have been twisted after all.56

All told, absent any independent evidence of coercion or violence
to corroborate Antonio’s bare assertions, no other conclusion can be
drawn other than the fact that his statements were made freely and
spontaneously, unblemished by any coercion or intimidation.
Under Article 246 of the RPC, the crime of Parricide is
committed when: (1) a person is killed; (2) the deceased is killed by
the accused;
_______________
55 People v. Tuniaco, 624 Phil. 345, 352; 610 SCRA 350, 357 (2010); see People
v. Del Rosario, 411 Phil. 676, 690-691; 359 SCRA 166, 178 (2001).
56 CA Rollo, p. 28.

145
VOL. 807, NOVEMBER 7, 2016 145

People vs. Dacanay
(3) the deceased is the father, mother, or child, whether legitimate or

illegitimate, or a legitimate other ascendants or other descendants, or
the legitimate spouse of the accused.57 Undoubtedly, all elements are
present in this case.
To begin with, the fact that Norma was the spouse of Antonio
was sufficiently proven by the prosecution through their Marriage
Contract.58
Next, as a rule, an extrajudicial confession, where admissible,
must be corroborated by evidence of corpus delicti in order to
sustain a finding of guilt.59 In this connection, extrajudicial
confessions are presumed voluntary until the contrary is proved.60
Hence, as extensively discussed above, considering that Antonio
failed to rebut such presumption of voluntariness regarding the
authorship of the crime, coupled with the fact of death of his wife,
Norma, we find Antonio guilty beyond reasonable doubt for the
crime of Parricide.
As a final note, worth reiterating is the general rule that factual
findings of the trial court, especially when affirmed by the CA,
deserve great weight and respect and should not be disturbed on
appeal, unless these are facts of weight and substance that were
overlooked or misinterpreted and would materially affect the
disposition of the case.61 Moreover, in assessing the credibility of
the competing testimonies of witnesses, the Court defers to the
findings of the trial court, in light of the unique opportunity afforded
them to observe the witnesses and to ascertain and measure their
sincerity, spontaneity, as well as their demeanor and behavior in
court.62
In addition, the Court finds sufficient basis to award damages to
the heirs of Norma, notwithstanding the lack of such grant by the
RTC and CA. An appeal in a criminal case opens the entire case for
review on any
_______________
57 People v. Macal, G.R. No. 211062, January 13, 2016, 780 SCRA 656, 666.
58 CA Rollo, p. 29.
59 People v. De la Cruz, 344 Phil. 653, 666; 279 SCRA 245, 256 (1997).
60 See People v. Alvarez, Jr., 456 Phil. 889, 897; 409 SCRA 562, 567 (2003).
61 Almojuela v. People, 734 Phil. 636, 651; 724 SCRA 293, 307-308 (2014).
62 People v. Gahi, 727 Phil. 642, 658; 717 SCRA 209, 227-228 (2014).

146

People vs. Dacanay
question including one not raised by the parties.63 In this case, the
crime of Parricide was committed absent any modifying
circumstances that would affect the imposable penalty. Hence,
following our ruling in People v. Jugueta,64 we hereby grant an
award for civil indemnity and moral and exemplary damages in the
amount of Seventy-Five Thousand Pesos (P75,000.00) each.
WHEREFORE, premises considered, the appeal is
DISMISSED for lack of merit. The Decision dated April 2, 2014 of
the Court of Appeals in C.A.-G.R. CR-H.C. No. 05083, finding
accused-appellant Antonio T. Dacanay GUILTY beyond reasonable
doubt of the crime of Parricide under Article 246 of the Revised
Penal Code, as amended, is hereby AFFIRMED with
MODIFICATION, ordering him to pay the heirs of Norma E.
Dacanay, Seventy-Five Thousand Pesos (P75,000.00) as civil
indemnity, Seventy-Five Thousand Pesos (P75,000.00) as moral
damages, and Seventy-Five Thousand Pesos (P75,000.00) as
exemplary damages. All monetary awards shall earn interest at the
legal rate of six percent (6%) per annum from the date of finality of
this Decision until fully paid.
SO ORDERED.
Sereno (CJ., Chairperson), Leonardo-De Castro, Bersamin and

Perlas-Bernabe, JJ., concur.
Appeal dismissed, judgment affirmed with modification.
Note.—An extrajudicial confession is binding only on the

confessant, is not admissible against his or her co-accused, and is
considered as hearsay against them. (People vs. Bokingo, 655 SCRA
313 [2011])

——o0o——
_______________
63 People v. Rivera, 613 Phil. 660, 668; 597 SCRA 299, 306 (2009).
64 People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.
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10/18/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 807

G.R. No. 216064. November 7, 2016.*

Remedial Law; Evidence; Confessions; A confession made before news

VOL. 807, NOVEMBER 7, 2016 131

as factors indicating voluntariness.—It is well-settled that where the

APPEAL from a decision of the Court of Appeals, Tenth (10th)

132 SUPREME COURT REPORTS ANNOTATED

Public Attorney’s Ofﬁce for accused-appellant.

That on or about October 06, 2007, in the City of Manila, Philippines,

1 Rollo, pp. 16-18.

VOL. 807, NOVEMBER 7, 2016 133

On October 6, 2007, Norma E. Dacanay (Norma), the wife of

7 Rollo, pp. 3-4.

134 SUPREME COURT REPORTS ANNOTATED

While Antonio promised to proceed to the police station on the

VOL. 807, NOVEMBER 7, 2016 135

Insofar as accused’s confession was heard, media men Nestor Etolle

28 CA Rollo, p. 21.

136 SUPREME COURT REPORTS ANNOTATED

VOL. 807, NOVEMBER 7, 2016 137

138 SUPREME COURT REPORTS ANNOTATED

Aggrieved, Antonio timely ﬁled a Notice of Appeal dated June

WHEREFORE, premises considered, the instant APPEAL is hereby

VOL. 807, NOVEMBER 7, 2016 139

The Court’s Ruling

41 CA Rollo, p. 93.

44 Id., at p. 16; id., at p. 93.

140 SUPREME COURT REPORTS ANNOTATED

“with no trace of fear, intimidation or coercion in him.”45 We quote

Insofar as accused’s confession was heard, media men Nestor Etolle

45 CA Rollo, p. 27.

VOL. 807, NOVEMBER 7, 2016 141

When the accused was interviewed on separate occasions by Nestor

Clearly, appellant’s confessions to the news reporters were given free

48 Id., at pp. 27-28.

142 SUPREME COURT REPORTS ANNOTATED

Accused-appellant claims, however, that the atmosphere in the jail

51 Id., at pp. 112-113; pp. 116-117.

52 366 Phil. 459; 307 SCRA 1 (1999).

VOL. 807, NOVEMBER 7, 2016 143

was an uncle of the victim. Accused-appellant could have refused to be

53 Id., at pp. 474-475; pp. 17-18.

54 349 Phil. 319, 327; 285 SCRA 393, 401 (1998).

144 SUPREME COURT REPORTS ANNOTATED

cused fails to present evidence of compulsion; where he did not

The only person who could have corroborated accused’s allusion to

VOL. 807, NOVEMBER 7, 2016 145

(3) the deceased is the father, mother, or child, whether legitimate or

146 SUPREME COURT REPORTS ANNOTATED

Sereno (CJ., Chairperson), Leonardo-De Castro, Bersamin and

Appeal dismissed, judgment afﬁrmed with modiﬁcation.

Note.—An extrajudicial confession is binding only on the

© Copyright 2019 Central Book Supply, Inc. All rights reserved.

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