People v. Mahinay, 302 SCRA 455 (1999)

People v. Mahinay, 302 SCRA 455 (1999) 

 
FACTS:

• Appellant Larry Mahinay worked as a houseboy with Maria Isip, one of his tasks was to take care of Isip’s house which was under construction adjacent to the latter’s residence. The victim was a 12-year old girl who used to frequent the residence of Isip.
• On the late evening of 25 June 1995, the victim was reported missing by her mother. The following morning, the Appellant boarded a passenger jeepney and disappeared. The victim’s body was found, lifeless, at around 7:30 am that same day. She was found in the septic tank wearing her blouse and no underwear. The autopsy showed that the victim was raped and was strangled to death.
• Upon re-examining the crime scene, policemen found a pair of dirty white short pants, a brown belt and a yellow hair ribbon which was identified by the victim’s mother to belong to her daughter. Also, they found a pair of blue slippers which Isip identified as that of the appellant. Also found in the yard, three arms length away from the septic tank were an underwear, a leather wallet, a pair of dirty long pants and a pliers positively identified by Isip as appellant’s belongings.
• The appellant was soon arrested and executed an extra-judicial confession wherein he narrated how the crime was committed. The trial ensued and the lower court convicted him of the crime of Rape and was sentenced to death. The case was forwarded to the Supreme Court for automatic review.

ISSUE:
Whether or not the appellant’s extra-judicial confession was validly taken and in accordance with his rights under Section 12 of the Bill of Rights.
 
RULING:
Yes. The conviction of the appellant is affirmed. Larry Mahinay during the custodial investigation and after having been informed of his constitutional rights with the assistance of Atty. Restituto Viernes of the Public Attorney's Office voluntarily gave his statement admitting the commission of the crime. Said confession of Mahinay given with the assistance of Atty. Restituto Viernes is believed to have been freely and voluntarily given. That accused did not complain to the proper authorities of any maltreatment on his person. He did not even inform the Inquest Prosecutor when he was sworn to the truth of his statement on 8 July 1995 that he was forced, coerced or was promised of reward or leniency. That his confession abound with details known only to him. The Court noted that a lawyer from the Public Attorneys Office Atty. Restituto Viernes and as testified by said Atty. Viernes informed and explained to Mahinay his constitutional rights and was present all throughout the giving of the testimony. That he signed the statement given by Mahinay.
​A lawyer from the Public Attorneys Office is expected to be watchful and vigilant to notice any irregularity in the manner of the investigation and the physical conditions of the accused. The post mortem findings show that the cause of death Asphyxia by manual strangulation; Traumatic Head injury Contributory substantiate. Consistent with the testimony of Mahinay that he pushed the victim and the latter's head hit the table and the victim lost consciousness. There being no evidence presented to show that said confession were obtained as a result of violence, torture, maltreatment, intimidation, threat or promise of reward or leniency nor that the investigating officer could have been motivated to concoct the facts narrated in said affidavit; the confession of the accused is held to be true, correct and freely or voluntarily given. In his extrajudicial confession, Mahinay himself admitted that he had sexual congress with the unconscious child. Such circumstantial evidence, besides 8 others, established the felony of rape with homicide defined and penalized under Section 335 of the Revised Penal Code, as amended by Section 11, RA 7659.