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GR 109773 - March 30, 2000 Y - S, J.: Doctrine: People of The Philippines v. Base

The Supreme Court affirmed the conviction of appellant Elberto Base for murder. The Court held that Base's constitutional rights were not violated when he confessed to the crime as his claims of coercion and torture lacked credibility. While suspects have a right to counsel, they can also voluntarily confess without an attorney. The evidence showed Base conspired with others to commit the murder, as witnesses saw him with his co-accused at the crime scene. Therefore, the elements of the crime were proven and the trial court correctly found Base guilty.

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Kenneth Taguiba
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72 views

GR 109773 - March 30, 2000 Y - S, J.: Doctrine: People of The Philippines v. Base

The Supreme Court affirmed the conviction of appellant Elberto Base for murder. The Court held that Base's constitutional rights were not violated when he confessed to the crime as his claims of coercion and torture lacked credibility. While suspects have a right to counsel, they can also voluntarily confess without an attorney. The evidence showed Base conspired with others to commit the murder, as witnesses saw him with his co-accused at the crime scene. Therefore, the elements of the crime were proven and the trial court correctly found Base guilty.

Uploaded by

Kenneth Taguiba
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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People of the Philippines v.

Base
GR 109773 | March 30, 2000
YNARES-SANTIAGO, J.:
Doctrine
Section 12, Article III of the Constitution embodies the mandatory safeguards afforded a person
under investigation for the commission of a crime and the concomitant duty of the State and its
agencies to enforce such mandate. The mantle of protection afforded by the above quoted
constitutional provision covers the period from the time a person is taken into custody for the
investigation of his possible participation in the commission of a crime or from the time he is
singled out as a suspect in the commission of the offense although not yet in custody.

FACTS
 In the early morning of February 8, 1990, a group of men arrived at the residence of
Julianito Luna y Tagle, Barangay Captain of Namunga, Rosario, Batangas. One of two
men who introduced themselves as policemen allegedly looking for a certain Hernandez
suddenly shot Julianito in the head with a .45 caliber pistol and immediately after, they
sped away in an owner-type jeep. Slxsc
 Accused-appellant Elberto Base was among those identified on board the jeep and,
together with Conrado Guno, Frederick Lazaro and Eduardo Patrocinio, were indicted for
Murder with Direct Assault Upon a Person in Authority
 Upon arraignment, accused Elberto Base and Conrado Guno pleaded not guilty to the
crime charged. Frederick Lazaro and Eduardo Patrocinio have remained at large.
 Trial thereafter ensued after which the court a quo rendered judgment, finding appellant
guilty
 Base interposed appeal alleging that court erred in ruling for conviction on the basis of
his alleged extra – judicial confession despite its inadmissibility
 The crux of accused-appellants appeal hinges on the admissibility of the Sworn Statement
dated February 8, 1990. In challenging its probative value, he insists in sum that the
document is inadmissible in evidence because it was executed in violation of his
constitutional rights, firstly his right to counsel of his own choice.

ISSUES AND HOLDING


Whether or not appellant is guilty? YES
 Section 12, Article III of the Constitution embodies the mandatory safeguards afforded a
person under investigation for the commission of a crime and the concomitant duty of the
State and its agencies to enforce such mandate.
 The mantle of protection afforded by the above quoted constitutional provision covers the
period from the time a person is taken into custody for the investigation of his possible
participation in the commission of a crime or from the time he is singled out as a suspect
in the commission of the offense although not yet in custody
 The exclusionary rule is premised on the presumption that the defendant is thrust into an
unfamiliar atmosphere running through menacing police interrogation procedures where
the potentiality for compulsion, physical or psychological is forcefully apparent
 However, the rule is not intended as a deterrent to the accused from confessing guilt if he
voluntarily and intelligently so desires but to protect the accused from admitting what he
is coerced to admit although untrue. It must be remembered in this regard that while the
right to counsel is immutable, the option to secure the services of counsel de parte is not
 For all accused-appellants protestations to the contrary, his tale of coercion and torture in
the hands of his interrogators taxes credulity vis--vis his testimonial declarations that
despite supposedly being severely mauled and sustaining injuries as a result thereof he
did not: 1.] complain to the senior officer of his interrogators about how he was treated
during his custodial investigation;2.] tell his wife of his injuries when she arrived the next
day nor did he ask her to take him to a hospital for treatment;3.] inform his lawyer of the
alleged injuries he sustained at the hands of his interrogators although he had several
opportunities to do so; Inform his lawyer that he was forced to sign the sworn
statement5.] present any medical certificate to prove the existence of his alleged injuries.
 Going by accused-appellants account, the Court likewise finds it odd for accused-
appellants interrogators who picked him up for questioning as he disembarked from a bus
at Mataas na Lupa, Lipa City to take a detour by first bringing him to Lodlod, Lipa City at
the house of Amelia Quizon where he was bound hand and foot at gun point loaded on a
top down jeep and then brought to the 217th PC Detachment in Rosario, Batangas instead
of being forthwith taken to the PC Camp for questioning after being apprehended at the
bus stop. Settled is the rule that evidence, to be believed, must not only proceed from the
mouth of a credible witness, but must be credible in itself. Suffice it to state in this regard
that such circumstances narrated by accused-appellant only tends to underscore the
incongruity of his tale of torture.
 In this case, it is indubitable that a crime has been committed and that the other pieces of
prosecution evidence clearly show that accused-appellant had conspired with the other
accused to commit the crime. In fact, he was seen by the prosecution witnesses in the
company of his other co-accused.
 All told, an overall scrutiny of the records of this case leads us to no other conclusion but
the correctness of the trial court in holding that the accused-appellant and his co-accused
committed murder. What remains to be determined is whether the elements of the crime
have been established
DISPOSITION
The appeal is affirmed.

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