G.R. Nos. 133685-86 - PEOPLE OF THE PHILIPPINES, VS. AMADO BAGNATE.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly an alarm to apprehend me was set by elements of the Tabaco Police wherein one of them was able to trace me but luckily I was able to evade them but finally I was apprehended at Bankilingan, Tabaco, Albay and later on was brought to the Tabaco Police. 09. Q- How are you related with the victims namely Rosalie Rayala and Aurea Bronia? A- This Rosalie Rayala she is my nephew and Aurea Bronia she is my grandparent. 10. Q- This investigator, had no more question to ask from you, do you have anything more to add in this statement of yours? A- Now no more sir, but I will just relate other details if the need arises. 11. Q- Are you willing to sign this statement of yours? A- Yes sir. [10] After appellants confession was typed and signed, Atty. Brotamonte left the police station and went back to his office. As far as he could recall, the entire process took more than an hour. [11] The next day, August 8, 1997, appellant was brought before Judge Arsenio Base, Jr. of the Municipal Trial Court of Tabaco, Albay. Judge Base requested the presence of Atty. Brotamonte and subsequently examined the voluntariness and veracity of the confession as well as the authenticity of the signatures of appellant and Atty. Brotamonte. He also explained to appellant the consequences of his confession to the crimes charged and asked him if he was coerced into admitting them. Judge Base inspected appellants body and asked him if he was forced or coerced. Judge Base then asked appellant if he was still willing to sign it again and appellant answered in the affirmative saying that his conscience bothered him. Judge Base asked him to sign the confession again in the presence of Atty. Brotamonte, after which appellant affixed his signature. [12] There were no eyewitnesses to the incident; only the extra-judicial confession of appellant showed how the crimes were committed by him. Appellant repudiated his extra-judicial confession before the trial court and assailed its admissibility alleging that it was executed in violation of his constitutional rights, particularly his right to a competent and independent counsel of his own choice; and that he was not fully apprised of the consequences of his confession. He testified that the real perpetrators of the crime were his brother-in-law, Roberto Angeles, and a certain Carlito Begil, and that he was only forced into owning up to the crimes because Angeles threatened to harm him or his sister, Angeless wife, if he did not do so. Appellant recounted on the witness stand that in the afternoon of August 6, 1997, he was having a drink with Carlito Begil and Faustino Bufe at the store of Yolanda Bulan in Buhian, Tabaco, Albay. While they were drinking, Begil mentioned that he is planning to have sex with someone he did not identify. They finished drinking at around 8:00 in the evening and started walking home. While he and Begil were walking, Begil asked him to accompany him to Rosalie Rayalas house but he declined because he wa