People vs. Guillermo, GR 147786, 20 January 2004

People vs. Guillermo, GR 147786, 20 January 2004 

FACTS:

• The victim, Victor Francisco Keyser, was the owner and manager of Keyser Plastic Manufacturing Corp. with principal place of business at Antipolo City. Keyser Plastics shared its building with Greatmore Corporation, a manufacturer of faucets. The part of the wall made of lawanit had two large holes, which could allow a person on one side of the wall to see what was on the other side.
• On March 22, 1998, prosecution witness Romualdo Campos, a security guard on duty.  At around 8:00 a.m., he saw appellant Eric G. Guillermo enter the premises of Keyser Plastics. An hour later, he saw Victor F. Keyser arrive. Later, at around 10:00 a.m., Campos was making some entries in his logbook, when he heard some loud noises ("kalabugan") coming from the Keyser Plastics area. He stopped to listen, but thinking that the noise was coming from the machines used to make plastics, he did not pay much attention to the sound.
• At around noontime, Campos was suddenly interrupted in the performance of his duties when he saw appellant Guillermo look through one of the holes in the dividing wall. According to Campos, appellant calmly told him that he had killed Victor Keyser and needed Campos’ assistance to help him carry the corpse to the garbage dump where he could burn it. Shocked by this revelation, Campos immediately dashed off to telephone the police.
• Ten minutes later, the Antipolo Philippine National Police (PNP) Station, arrived at the crime scene. They were immediately met by Campos, who informed them that Guillermo was still inside the building. The law enforcers tried to enter the premises of Keyser Plastics, but found the gates securely locked. Once inside, SPO4 Bautista and SPO1 Reyes immediately accosted Guillermo who told them, "Sir, hindi ako lalaban, susuko ako, haharapin ko ito." ("Sir, I shall not fight you, I am surrendering, and I shall face the consequences.")
• Keyser’s death shocked the nation. Appellant Guillermo, who was then in police custody, was interviewed on separate occasions by two TV reporters, namely: Augusto "Gus" Abelgas of ABS-CBN News and Kara David of GMA Channel 7. Both interviews were subsequently broadcast nationwide. Appellant admitted to David that he committed the crime and never gave it second thought. He disclosed to David the details of the crime, including how he struck Keyser on the head and cut up his body into pieces, which he placed in sacks and cartons. When asked why he killed his employer, Guillermo stated that Keyser had not paid him for years, did not feed him properly, and treated him "like an animal." Both Abelgas and David said that Guillermo expressed absolutely no remorse over his alleged misdeed during the course of their respective interviews with him.

 
ISSUE:
Whether or not Guillermo’s confession to the police officers, to the security guard of Greatmore Corp., and to the newsmen are admissible as evidence.
 
RULING: 
​The confession Guillermo made while he was under investigation by SPO1 Reyes for the killing of Keyser at the Antipolo PNP Station, falls short of the protective standards laid down by the Constitution. The investigating officer made no serious effort to make Guillermo aware of his basic rights under custodial investigation. While the investigating officer was aware of Guillermo’s right to be represented by counsel, the officer exerted no effort to provide him with one on the flimsy excuse that it was a Sunday. Despite the absence of counsel, the officer proceeded with said investigation. Moreover, the record is bare of any showing that Guillermo had waived his constitutional rights in writing and in the presence of counsel. Be that as it may, however, the inadmissibility of Guillermo’s confession to SPO1 Reyes at the Antipolo PNP Station as evidence does not necessarily lead to his acquittal. For constitutional safeguards on custodial investigation (known, also as the Miranda principles) do not apply to spontaneous statements, or those not elicited through questioning by law enforcement authorities but given in an ordinary manner whereby the appellant verbally admits to having committed the offense. Herein, Guillermo admitted the commission of the crime not just to the police but also to private individuals. According to the testimony of the security guard, Romualdo Campos, on the very day of the killing Guillermo called him to say that he had killed his employer and needed assistance to dispose of the cadaver. Campos’ testimony was not rebutted by defense, and thus Guillermo's statements to Campos are admissible for being part of the res gestae. Further, when interviewed on separate occasions by the media, Guillermo not only agreed to be interviewed by the news reporters, but he spontaneously admitted his guilt to them. He even supplied the details regarding the commission of the crime to reporter Kara David of GMA Channel 7. The TV news reporters were acting as media professionals when they interviewed Guillermo. They were not under the direction and control of the police. There was no coercion for Guillermo to face the TV cameras. The interviews also took place on several occasions, not just once. Each time, Guillermo did not protest or insist on his innocence. Instead, he repeatedly admitted what he had done. He even supplied details of Keyser’s killing. As held in Andan, statements spontaneously made by a suspect to news reporters during a televised interview are voluntary and admissible in evidence.