Facts: All the accused were charged before the Regional Trial Court of Cebu with three counts of murder and one count of frustrated murder in four Informations. The victim Jose Bantug was found with gunshots in the head, body, and skull. The other three informations charged them with the murder of Francisco Carteciano y Sorilla and Antonio S. Carteciano, and the frustrated murder of Lorna V. Carteciano. The other 8 accused were acquitted on the ground of reasonable doubt, while Victor Nuñez was found guilty. The facts shown by evidence are: One morning, Major Antonio Carteciano was driving his private jeep Camp General Arcadio Maxilom in Lahug, Cebu City where he was stationed as medical officer of the PC/INP Provincial Command. In the front seat with him is his wife Lorna, and at the backseat are his mother in law, son, brother Francisco, neighbor Bantug, and Bantug’s son. Near the intersection, gunshots were heard from the left side of the street. Major Carteciano took his .45 cal pistol and fired. However, gunshots were fired in succession, and Major Carteciano, his brother Francisco, Jose Bantug, and his wife Lorna were hit. When the jeep stopped, several gunmen approached them. Nuñez demanded Lorna to give Nuñez her husband’s pistol. Lorna asked to take her valuables instead. Then, Nuñez shot Major Carteciano’s head point blank. Then the gunmen hijacked another jeep and took off. Lorna, her mother Juanita Ricaplaza, and her son Reiser Carteciano positively identified the accused. Lorna identified Nuñez as the one who shot her husband. Nuñez claimed that his arrest was illegal and that he was deprived of his right to counsel when he was subjected to a paraffin test without the assistance of counsel.
Issue: Whether or not the accused Nuñez’s constitutional right was violated
Held: No. Nuñez pleaded not guilty at the arraignment. Therefore, he is estopped from questioning the validity of his arrest. Furthermore, the illegal arrest of an accused is not sufficient cause for setting aside a valid judgment rendered upon a sufficient complaint after trial free from error. The witnesses also positively identified the accused, so he cannot question the credibility of the witnesses. Regarding his right to counsel, the Supreme Court held that-- the right to counsel attaches only upon the start of an investigation, that is, when the investigating officer starts to ask questions to elicit information and/or confessions or admissions from the accused. At such point or stage, the person being interrogated must be assisted by counsel to avoid the pernicious practice of extorting false or coerced admissions or confessions from the lips of the person undergoing interrogation. In the case at bar, when accused was subjected to a paraffin test, he was not then under custodial investigation. Accused-appellant also argued that since his co-accused were acquitted, then their acquittal negates conspiracy among them, and he should not be convicted with the charges filed. However, the Court held that conspiracy was still proven by the evidence, and the other co-accused were acquitted only because there was reasonable doubt. Therefore, accused-appellant is still convicted of the four charges against him.
We, therefore, find that the conviction of accused-appellant for the crimes charged has been established beyond reasonable doubt and the penalty imposed is in accordance with law. However, the civil indemnity imposed by the trial court should be increased to P50,000 in conformity with our recent rulings on the matter.
WHEREFORE, except for the modification that the civil indemnity to be paid by accused-appellant Victor Nuñez, Jr. to the heirs of each victim who died is hereby increased to P50,000, the appealed decision is hereby affirmed in all other respects, with costs against accused-appellant
0 comments:
Post a Comment