G.R. No. 104145 - PEOPLE OF THE PHILIPPINES, VS. OSCAR DORO Y LAJAO AND RICKY ANDAG Y ABOGADO, ACCUSED-.

Ruling

accordingly proceeded to the Paredes Furniture Store but learned that the security guard had been rushed to the hospital; that he joined the mobile patrol to the corner of Mabini and Barlan Streets; that the two policemen who had been there ahead of them had engaged the suspects in a gun battle; that he later called up the Bautista Hospital to inquire about the security guard and was told that the guard had died; that the .38 caliber revolver loaded with 5 live bullets found in a flower pot near the Paredes Furniture Store belonged to Renato Borja. [26] Pfc. Estrella further said that the accused-appellants gave their confessions with the assistance of counsel at the Citizens Legal Assistance Office. [27] Public Attorney Elpidia Itoc, who assisted accused-appellants Oscar Doro and Ricky Andag in giving their confessions at the Citizens Legal Assistance Office, also testified. She told the court that the accused-appellants were apprised of their constitutional rights to remain silent and to have independent counsel of their choice; that she explained to them their rights twice, when they first arrived in the office and within the hearing of the police officers and secondly, before the actual taking of the confession; [28] that accused-appellants, upon being asked, said that they were willing to give statements because of their involvement in the case and that they did not need counsel; [29] that the confessions were made in the presence of the police investigator [30] and that a policeman typed the extrajudicial confessions [31] and that the persons present when the accused made their confessions were a certain Atty. Orquieza, the latters secretary Carmen, two (2) other clients, [32] the police investigator, [33] and two other policemen who took down the extrajudicial confessions of accused-appellants. [34] The last witness for the prosecution was the personnel officer of Sherlock Investigation and Protective Center, Feves Infante. She confirmed that security guard Rex Ramos had been assigned to the Paredes Furniture Store on May 2, 1989; that the security guard was not able to finish his tour of duty that day because he had been killed; [35] that a .38 caliber revolver, licensed in the agencys name, had been issued to Rex Ramos [36] and that the firearm cost P1,500. The prosecution also presented NBI forensic chemist Edwin Purificando who testified that the fan knife, maong pants and white sando taken from accused-appellants were all stained with human blood, types B and AB. [37] On November 19, 1990, after the prosecution had rested its case and before the defense had presented its evidence, Ricky Andag escaped from confinement. Nonetheless, trial proceeded against him and accused-appellant Oscar Doro in accordance with Rule 115, §1(c) of the Rules on Criminal Procedure. Accused-appellant Oscar Doro testified in his behalf. In addition he presented as witness Dr. Danilo F. Borbon, resident physician of the Dr. Salamanca Memorial Hospit