LAW ON EVIDENCE | PEOPLE VS. CONSTANCIO Y BACUNGAY G.R. No. 206226, April 04, 2016

PEOPLE VS. CONSTANCIO Y BACUNGAY

G.R. No. 206226, April 04, 2016


FACTS This is an appeal from the decision of the CA which affirmed the decision of the RTC, finding Nieves Constancio and Ernesto Berry guilty of the crime of Rape with Homicide. "AAA" was raped and killed by Constancio, Berry, and others. "AAA's" body was then placed inside the trunk of her car. Adarna, a tricycle driver, saw Berry, Constancio, and their other companions, throw something over a bridge which turned out to be "AAA's body upon investigation by the authorities. During the custodial investigation, Berry executed an extrajudicial confession which was embodied in a Sinumpaang Salaysay.  At the trial, however, Berry denounced the Sinumpaang Salaysay as false, and claimed that he was coerced into signing the same. For his part, Constancio contended that he was in Baguio at the time of the commission of the crime. Both Constancio and Berry denied the charges against them. These two also asserted that Berry's extrajudicial confession was inadmissible in evidence. Whether the extrajudicial confession made by Berry is admissible in evidence against his co-accused Constancio.


HELD Yes. The general rule is that an extra-judicial confession is binding only on the confessant and is inadmissible in evidence against his co-accused since it is considered hearsay against them. However, as an exception to this rule, the Court has held that an extra-judicial confession is admissible against a co-accused when it is used as circumstantial evidence to show the probability of participation of said co-accused in the crime.


Significantly, Constancio was positively identified as among those who threw the body of "AAA" over a bridge. It is significant to note that eyewitness Adarna also attests that Constancio was riding in the very same car where "AAA" was raped and killed. This fact leaves this Court without a doubt that Constancio is guilty of the crime charged as the same qualifies as circumstantial evidence showing his participation in the execution of the crime. Short shrift must be given to Constancio's alibi because he was not able to establish that it was physically impossible for him to be at the scene of the crime the night "AAA" was abducted, raped, and killed.







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