SCI 2 (Exam)

Name: Wena Mae Cristobal
Section: 3-B
Subject: Specialized Crime Investigation 2
1) People vs. Alegre and Gordoncillio, 94 SCRA 109
This case was the result of Adelina Sajo y Maravilla 's suicide. She died of asphyxia by
manual strangulation, according to the Necropsy Examination. Evidently, her bedroom was
in "shambles," suggesting that it was ransacked. The drawers and some closets were open,
and there were several personal clothing, bags and papers littered on the floor. The
commission of the offence was not seen by a witness. In connection with the case,
Appellant Ramiro Alegre, who was then staying with relatives in one of the rented rooms on
the ground floor of the victim's building, was taken to the police headquarters in Pasay City
for investigation, but was subsequently released the same day for lack of any evidence
involving him in the incident.
In Tacloban District, Leyte, one of the pieces of jewelry taken from the victim was
apprehended by Melecio Cudillan in the act of pawning a bracelet. He confessed his role in
the killing and theft of Adlina Sajo while describing how he came into possession of the
stolen pieces of jewels. This emerges in his extrajudicial confession before the Tacloban
City police authority. Melecio Cudillan implicated Mario Comayas, MelecioCudillan, Jesus
Medalla and Ramiro Alegre, in this sentence that was published in the English language.
Mario Comayas, Melecio Cudillan, Jesus Medalla and Ramiro Alegre entered a plea of not
guilty when arraigned. Nine (9) witnesses were identified by the defense. However, none of
them testified on the real commission of the offence. The truthful recital was largely and
largely focused on the extrajudicial confessions of Melecio Cudilla.
Melecio Cudillan's extrajudicial confessions, on the grounds of which the trial court was
able to reconstruct how Melecio Cudillan committed the crime at issue, cannot be used as
evidence and are not qualified evidence against the appellants Ramiro Alegre and Jesus
Medalla, since there is no independent evidence of collusion under the principle of 'res inter
alios acta alteri no cere non debet'. The extrajudicial accusation of an accused, although
intentionally made, is, as a general rule, not admissible and has little probative effect
against his co-accused. As far as the other suspects are concerned, it is mere hearsay
testimony. While there are known exceptions to this provision, the facts and situations at
issue in the bar case do not position it within the scope of such exceptions. Therefore, the
only evidence tying the appellants to the crime will be their alleged overt admissions or
refusal to refute their repercussions of the crime committed by Melecio Cudillan and their
alleged verbal confessions to Hernando Carillo, in Pasay City prisoner.
“As a general rule, the extrajudicial declaration of an accused, although deliberately
made, is not admissible and does not have probative value against his caucused. It is
merely hearsay evidence as far as the other accused are concerned.”
2) People vs. Tomaquin, GR 133188, July 23, 2004
At Itom Yuta, Lorega Cebu City, Elizar Tomaquin drank red horses with Rico and Romy
Magdasal, Noel Labay and a certain Cardo. The appellant left the party at 1 a.m. due to a
headache. The rest of the party had correctly moved to Lorega, but a few minutes later,
when Rustica heard Jaquelyn Tatoy, her goddaughter, call for help, they heard Rustica
Ilogan screaming for help. The act itself was not seen by anybody, but they saw that the
door was smashed as though it had been kicked open, and they saw black shoes on the
stairs and another shoe in the corridor. In the kitchen, they saw Jacquelyn bloody, her head
inside a plastic container. She died in a hospital here. Later, a neighbor saw a bloody tres-
cantos, which Rico considered to be the appellants. The shoes and tres-cantos were turned
over to the police by anonymous persons. The next day, the Tanods went to Wilson
Magdasal 's home, where the appellant briefly lived. He was discovered wearing bloody
Maong briefs. He was asked about his shirt, and he told them it was at Wilson Magdasal 's
house. It was Edgar Magdasal who, amid the soiled clothing, found his coat, soaked and
blood stained. From Atty. Brgy. Chairman, Parawan, ordered his tanods to bring the
appellant to the police station.
After being reminded of his civil rights at the police station, the appellant assured
SPO2 Monilar that he was able to confess and demanded Atty. Parawan in order to support
him. The extrajudicial confession of the appellant, which was in the Cebuano dialect, was
deleted. On the witness stand, however, the appellant offered his version. He said Rico was
the one who killed Jacquelyn. When Jacquelyn saw them, Rico reportedly begged his aid to
snatch the TV set from Tatoy 's house, causing Rico to stab her with the Tres Cantos on the
back. The appellant was kicked awake the next morning while sleeping, mistreated in the
presence of barangay Captain Parawan, and later made to admit committing the crime
because Rico has a family and he is alone. His extrajudicial confession was also repudiated
by the appellant, arguing that Parawan simply requested him to sign a blank sheet of paper
and, in response, Parawan offered to help him with the prosecution and expenses.
Convicted appellant by RTC.
This case the person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
3) People vs. Rojas, 147 SCRA 169

In Margosatubig, Zamboanga del Sur, every now and then, the residents of Digon would
still talk of the mysterious murders that shook their neighborhood on the horrible morning of
May 23, 1973, when, under the most mystifying and surprising circumstances, three girls
were murdered, the youngest just five years old. Know, Zenaida Nastae, 21, stabbed to
death once, ears cut, Canda Carluman, 7, stabbed to death once, bleeding to death, and
Mona Carluman, 5, stabbed to death twice, ears cut, the carnage and girls collapsing in
front of the bloodied knife. These were nature's creations just on the verge of their lives, and
still they were cut down in the innocence of their youth without mercy and without reason.
The day after the massacre, a joint PC-police posse arrested seven individuals in Barrio
Talanusa, possibly provoked by a sense of not only accountability but also indignation.
Teodoro Villarin, Saturnino Totoy, Solomon Totoy, Gregorio Tundag, Sinfroso Masong,
Mohamed Esmael and Balbino Estrera, all of whom were charged with murder. In their
hands, two home-made shotguns, one .38 caliber home-made pistol with two live bullets,
five hunting knives with scabbards, an undershirt with Latin words arranged in a mystical
fashion, a pair of gloves, four fuel bottles, and two human ears were found and confiscated.
Wilfredo Rojas, their alleged leader, was later detained in Malangas, also in Zamboanga del
Sur, and turned over at Margosatubig to the police.
During the trial, all the defendants were charged in three different papers with the
murder of the above-named victims, of which they all pleaded not guilty. So that they could
be used as state witnesses, Esmael and Estrera were discharged. All the accused were
also held jointly responsible for the civil compensation of P12,000.00, to be paid to the heirs
of each of the three victims. The death sentence brought the case to automatic review by
this Court.
The accused-appellants are raising factual and legal questions that have been
discussed knowingly and with commendable spirit and earnestness by opposing counsel.
We shall now rule on these issues. The only exception was Saturnino Totoy, who was given
the lower penalty of eight years and one day of imprisonment by the mayor to 14 years,
eight months and one day of temporary imprisonment because of the mitigating
circumstances of the minority. On January 27, 1975, the trial was completed, convicting all
of them and sentencing them to death.
This is of People vs. Rojas there are 3 girls mercilessly killed by 7 individual in Barrio
Talanusa, the 3 girls must get justice for what happened to them and the killer is convicting
all of them and sentencing them to death they deserve what the sentence is.

SCI 2 (Exam)

Uploaded by

Copyright:

Available Formats

SCI 2 (Exam)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

SCI 2 (Exam)

Uploaded by

Copyright:

Available Formats

Name: Wena Mae Cristobal

1) People vs. Alegre and Gordoncillio, 94 SCRA 109

2) People vs. Tomaquin, GR 133188, July 23, 2004

3) People vs. Rojas, 147 SCRA 169

You might also like