Facts: On July 19, 1988, Venancio Patricio, accompanied by Larry Salvador, drove a ten-wheeler truck a Coca-Cola plant in Antipolo to load cases of softdrinks. They were about to leave the plant at 10:00pm when several men approached them to hitch for a ride. Ascertaining that Salvador knew appellant, Venancio accommodated appellant's request. Appellant had four companions. At Ortigas Ave., one of them poked a gun at Venancio and grabbed the steering wheel. At the North Diversion Road, Venancio and Salvador(helper) were brought down from the vehicle and tied to the fence of the expressway, thereafter they were stabbed and left bleeding to death. Venancio survived but Salvador did not.Appellant was arrested in the vicinity of Otis Street in Pandacan, Manila. A few days later, he was turned over to the Constabulary Highway Patrol Group. Sgt. Alberto Awanan brought the appellant to the MCU hospital and was presented to Venancio for identification. Appellant was brought to the Headquarters at Camp Crame where he confessed.
Appelant’s Defense: Denial and alibi. He said that he was just applying to be a driver and stayed there even if he was told that no work was available, to confirm with the truck drivers. While he was applying for CONCEPCION TRUCKING located across Otis street from the Coca-cola plant. He was arrested. He denied any knowledge of the "hit" on the Coca-cola delivery truck. He remained in the custody of the police for two days and two nights. On the third day of his detention, he was turned over to the Constabulary Highway Patrol Group. Appellant was the brought to the MCU hospital. He was made to confront Venancio whom he saw for the first time. CHPG Sgt. Awanan asked Venancio twice if appellant was among those who hijacked the truck he was driving. On both times, Venancio did not respond. Undaunted, Sgt. Awanan, called to a photographer present, forced appellant to stand about a foot from Venancio, and told the latter to just point at the suspect. "Basta ituro mo lang," Sgt. Awanan directed. Venancio obeyed, and pictures of him pointing to the suspect were taken. From the hospital, appellant was brought to the Constabulary Highway Patrol Group headquarters at Camp Crame. Without being apprised of his rights nor provided with counsel, he was interrogated and urged to confess his guilt. He balked. At ten o'clock that night, hours after questioning began, appellant's interrogators started boxing him and kicking him. He was also hit on the back with a chair, and electrocuted. Still, he refused to admit to the crime. In the midst of his ordeal, appellant heard someone say, "Tubigan na iyan." He was then blindfolded and brought to another room where he was made to lie down. Water was slowly and continuously poured on his face, over his mouth. Appellant could no longer bear the pain caused by the water treatment. Finally, he confessed to being one of the hijackers. He was led to another room, where he was handcuffed and left until the following day. Later, he was made to sign prepared statements containing his full confession.
Alcantara was arraigned under an information charging him and four others (at large) with the crime of robbery with Homicide and Frustrated Homicide.
The trial court convicted the accused despite the following inconsistency between Venancio’s affidavit and testimony:
Affidavit Testimony
1. mentioned 5 assailants - only Alcantara was identified
2. stabbing was preceded by a - only 3 assailants had a
3. conference by all assailants - conference
4. claimed to have allowed assailants - failed to identify Alcantara
5. to hitch a ride because Alcantara - at the hospital and in open
6. was familiar to them - court (pointed to another person)
Issue: Whether or not the rights of the accused were violated.
Held: YES. The people’s evidence failed to meet the quantum required to overcome the presumption. The second identification which correctly pointed to accused by Venancio should not be credited. There is no reason for him to err as they know each other for 3 years. It was also incorrect to give too much weight to Police Sgt. Awanan’s testimony as to the “previous identification” at the hospital. The testimony of Sgt. Awanan was not corroborated by Venancio.
The identification procedure was irregular. Due process demands that the identification procedure of criminal suspects must be free from impermissible suggestions as the influence of improper suggestion probably accounts for more miscarriages of justice than any other single factor. Conviction must be based on the strength of the prosecution and not the weakness of the defense. There was blatant violation of the constitutional rights of appellant as an accused. Appellant belongs to the economically deprived in our society. He is nearly illiterate(third grade education). Our Constitution and our laws strictly ordain their protection following the Magsaysay desideratum that those who have less in life should have more in law.
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