G.R. No. 122142 - THE PEOPLE OF THE PHILIPPINES, VS. JIMMY OBRERO Y CORLA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, they went to the place indicated and the next day, March 4, 1990, they were able to apprehend accused-appellant whom they brought to Manila. Pat. Ines said accused-appellant was positively identified by Anita De los Reyes as one of those whom she saw running down the stairs of the Gatlin Building on C.M. Recto Avenue, Sta. Cruz, Manila with blood in his hands. [3] Pat. Ines testified that on that same day, March 4, 1990, accused-appellant gave a confession (Exh. O) in writing with the assistance of counsel, Atty. Bienvenido De los Reyes, in which he admitted participation in the killing of Nena Berjuega and Remedios Hitta. Pat. Ines himself executed an affidavit (Exh. P) stating the circumstances of accused-appellants arrest. He said accused-appellant refused to sign the booking and information sheet. [4] Accused-appellants extrajudicial confession was presented in evidence as Exhibit O. [5] In it, accused-appellant said he started working for Angie Cabosas in the latters business on Blumentritt Street, Manila three or four months before the incident. Cabosas and accused-appellants sister Merly Asuncion, had been neighbors in Rosales, Pangasinan. Accused-appellants work was to deliver dressed chicken. Emma Cabrera was a regular customer to whom he made deliveries in the morning. On August 10, 1989, his fellow employee, Ronnie Liwanag, proposed that they rob Emma in order to be able to go to La Union to visit his family. On August 11, 1989, after learning that only two helpers were then at the residence of Emma Cabrera, accused-appellant and Ronnie decided to pull the heist. Ronnie covered the mouth of one Nena Berjuega to prevent her from shouting but, as she tried to run away, Ronnie stabbed and killed her. Ronnie then gave the knife to accused-appellant who stabbed the younger maid Remedios Hitta from which she died. Thereafter, the two proceeded to Blumentritt Street and divided the money Ronnie had taken from the house of Emma Cabrera. From Blumentritt Street, Ronnie went to La Union, while accused-appellant proceeded to Pangasinan. The extrajudicial confession is in Tagalog and signed by accused-appellant in the presence of Atty. De los Reyes. The prosecution next presented Atty. Bienvenido De los Reyes, a PC Captain of the WPD Headquarters, U.N. Avenue, Manila. He said that on March 4, 1990, he happened to be at Station 7 of the WPD, representing a client accused of illegal recruitment. He was asked by Lt. Generoso Javier of the WPD Homicide Section to assist accused-executing an extrajudicial confession. According to Atty. De los Reyes, he apprised accused-appellant of his constitutional rights, explaining to him that any statement made by him could be used against him in court, but accused-appellant said he was willing to give a statement as in fact he did, confessing to the commission of the crime of robbery with homicide. [6] The other prosecution witness was Dr. Marcial G. Cenido, medico-legal officer who conducted au