G.R. No. 74145, People v.

Crisologo, 150 SCRA

PEOPLE OF THE PHILIPPINES laintiff-appellee, vs. ZOSIMO CRISOLOGO, alias "AMANG", defendant-appellant. The Solicitor General for plaintiff-appellee. Marcelino G. Agana III for defendant-appellant. Padilla, J.: Appeal from a decision of the o!rt of First Instance of "avao del S!r in riminal ase No. #$ %&'(

convictin) the defendant of ro**er+ ,ith homicide, sentencin) him to the death penalt+, and orderin) him to indemnit+ the heirs of -artin Francisco the s!ms of P./,000.00 for loss of life, P$/,000.00 for f!neral e1penses, P.0,000.00 for loss of earnin)s and P$0,000.00 for moral dama)es. On / -a+ 2#&', a criminal complaint ,as filed *+ the Station of -a)sa+sa+, "avao del S!r a)ainst the acc!sed 3osimo ommander ,ith the -!nicipal o!rt

risolo)o alias 4Aman),4 a deaf-m!te,

for ro**er+ and homicide alle)ed to have *een committed on 2 -a+ 2#&' *et,een ten to eleven o5cloc6 in the evenin) in alama)o+, Po*lacion -a)sa+sa+, "avao del S!r.

The follo,in) information ,as s!*se7!entl+ filed *+ the Provincial Fiscal a)ainst the acc!sed on 2' Septem*er 2#&&8 That on or a*o!t the 2st da+ of -a+, 2#&', in the -!nicipalit+ of -a)sa+sa+, Province of "avao del S!r, Philippines, and ,ithin the 9!risdiction of this Honora*le o!rt, the a*ove-named acc!sed,

armed ,ith a *laded ,eapon, ,ith violence a)ainst and intimidation !pon persons, and ,ith intent of )ain, did then and there ,ilf!ll+, !nla,f!ll+ and felonio!sl+ ro* -artin Francisco of one %2( 4Sei6o / Act!s4 ,rist ,atch val!ed at Fo!r H!ndred %P:00.00( Pesos and a t,o *atter+ flashli)ht val!ed at Thirt+ %P.0.00( Pesos in the total amo!nt of Fo!r H!ndred Thirt+ %P:.0.00( Pesos, to the dama)e and pre9!dice of the said o,ner in the amo!nt aforesaid and on the same occasion, the a*ove-named acc!sed, ,ith intent to 6ill ,ilf!ll+, !nla,f!ll+ and felonio!sl+ attac6;ed< and sta*;*ed< the said -artin Francisco ,ith the same *laded ,eapon, there*+ inflictin) !pon him ,o!nds ,hich ca!sed his death. ONT=A=> TO LA? ,ith the a))ravatin) circ!mstance of8 %a( disre)ard of the respect d!e the offended part+ on acco!nt of his a)e@ and

%*( ni)ht time. "i)os, "avao del S!r, Philippines, Septem*er 2/, 2#&&. On 2$ "ecem*er 2#&&, arrai)nment ,as set. The acc!sed ,as alle)edl+ informed of the char)e a)ainst him thro!)h si)n lan)!a)e *+ Special Policeman Ale9andro -!noA a childhood ac7!aintance. -r. -!noA s!*se7!entl+ entered a plea of )!ilt+ on *ehalf of the acc!sed. Bpon o*9ection of co!nsel, ho,ever, this plea ,as disre)arded and arrai)nment ,as resched!led !ntil s!ch time as the o!rt co!ld avail of the services of an e1pert in the si)n lan)!a)e from the school

of the deaf and d!m*. On $' C!ne 2#&# the o!rt thro!)h another presidin) 9!d)e, !pon insistent plea of defense co!nsel

for a si)n lan)!a)e e1pert to assist the acc!sed, a)ain reset arrai)nment as no e1pert in si)n lan)!a)e ,as availa*le. The School for the "eaf and "!m* in Pasa+ it+ ,as sent a cop+ of the

co!rt order to ena*le it to f!rnish the co!rt ,ith an e1pert in si)n lan)!a)e. No s!ch e1pert ,as made availa*le. On # Novem*er 2#D$, or after five +ears from the date of filin) of the information, and order thro!)h still another presidin) 9!d)e ,as entered directin) that a representative of the School of the "eaf and "!m* in Ea)o Fallera, Talomo "istrict, "avao it+ *e availed of to ena*le the

acc!sed to intelli)entl+ e1press his !nderstandin) of a plea of )!ilt+ or not )!ilt+. Apparentl+ no si)n lan)!a)e e1pert or representative ever arrived. On ' April 2#D., the acc!sed thro!)h a co!nsel de oficio ,aived the readin) of the information and pleaded not )!ilt+. Trial proceeded ,itho!t an+ evidence *ein) presented on his part. Finall+, on 20 Fe*r!ar+ 2#D', ,itho!t the services of an e1pert in si)n lan)!a)e ever *ein) !tiliAed at an+ sta)e of the proceedin)s, the acc!sed ,as fo!nd )!ilt+ *e+ond reasona*le do!*t of ro**er+ ,ith homicide and sentenced to die *+ electroc!tion. E1ec!tive clemenc+ ,as recommended, ho,ever, in vie, of the acc!sed5s infirmit+ and his nearl+ ten-+ear detention as a s!spect. o!nsel for the acc!sed and the Solicitor-Feneral no, as6 for the reversal of the 9!d)ment of conviction d!e to the fail!re of the trial co!rt to safe)!ard the acc!sed5s ri)ht to d!e process of la, and the ins!fficienc+ of the p!rel+ circ!mstantial evidence presented to overcome the constit!tional pres!mption of innocence in favor of the acc!sed.

?e find their position to *e ,ell-ta6en. The a*sence of an interpreter in si)n lan)!a)e ,ho co!ld have conve+ed to the acc!sed, a deafm!te, the f!ll facts of the offense ,ith ,hich he ,as char)ed and ,ho co!ld also have comm!nicated the acc!sed5s o,n version of the circ!mstances ,hich led to his implication in the crime, deprived the acc!sed of a f!ll and fair trial and a reasona*le opport!nit+ to defend himself. Not even the acc!sed5s final plea of not )!ilt+ can e1c!se these inherentl+ !n9!st circ!mstances. The a*sence of a 7!alified interpreter in si)n lan)!a)e and of an+ other means, ,hether in ,ritin) or other,ise, to inform the acc!sed of the char)es a)ainst him denied the acc!sed his f!ndamental ri)ht to d!e process of la,. 2 The acc!rac+ and fairness of the fact!al process *+ ,hich the )!ilt or innocence of the acc!sed ,as determined ,as not safe)!arded. The acc!sed co!ld not *e said to have en9o+ed the ri)ht to *e heard *+ himself and co!nsel, and to *e informed of the nat!re and ca!se of the acc!sation a)ainst him $ in the proceedin)s ,here his life and li*ert+ ,ere at sta6e. In Terr+ v. State, . ,here a deaf-m!te acc!sed of mansla!)hter ,as not provided ,ith an interpreter despite repeated re7!ests from co!nsel, it ,as held8 ... The onstit!tion of this state e1pressl+ provides that an acc!sed has a ri)ht to *e heard *+

himself and co!nsel, also, to demand the nat!re and ca!se of the acc!sation@ a)ainst him, and, f!rther to *e confronted *+ the ,itnesses, ,ho are to testif+ a)ainst him. In constr!ctin) this constit!tional provision it needs no disc!ssion in decidin) that all this m!st *e done in a manner *+ ,hich the acc!sed can 6no,, the nat!re and the ca!se of the acc!sation he is called !pon to ans,er, and all necessar+ means m!st *e provided, and the la, so contemplates, that the acc!sed m!st not onl+ *e confronted *+ the ,itnesses a)ainst him, *!t he m!st *e accorded all necessar+ means to 6no, and !nderstand the testimon+ )iven *+ said ,itnesses, and m!st *e placed in a condition ,here he can ma6e his plea re*!t s!ch testimon+, and )ive his o,n version of the transaction !pon ,hich the acc!sation is *ased. This the f!ndamental la, accords, and for this the la, m!st provide. These h!mane provisions m!st not, and cannot, *e dependent !pon the a*ilit+, financial or other,ise, of the acc!sed ... ;This< constit!tional ri)ht ... ,o!ld *e meanin)less and a vain and !seless provision !nless the testimon+ of the ,itnesses a)ainst him co!ld *e !nderstood *+ the acc!sed. -ere confrontation of the ,itnesses ,o!ld *e !seless, *orderin) !pon the farcical, if the acc!sed co!ld not hear or !nderstand their testimon+. So, also, as to the nat!re and ca!se of the acc!sation. In the a*sence of an interpreter it ,o!ld *e a ph+sical impossi*ilit+

for the acc!sed, a deaf-m!te, to 6no, or to !nderstand the nat!re and ca!se of the acc!sation a)ainst him, and, as here, he co!ld onl+ stand *+ helplessl+, ta6e his medicine, or ,hatever ma+ *e comin) to him, ,itho!t 6no,in) or !nderstandin), and all this in the teeth of the mandator+ constit!tional ri)hts ,hich appl+ to an !nfort!nate afflicted deafm!te, 9!st as it does to ever+ person acc!sed of a violation of the criminal la,. In other ,ords the ph+sical infirmit+ of this appellant can in no sense lessen his ri)hts !nder the onstit!tion, and, in the proper

administration of its la,s, this )reat and soverei)n state m!st and ,ill accord the means *+ ,hich its citiAens, h!m*le and afflicted tho!)h the+ ma+ *e, shall receive all the ri)hts, *enefits and privile)es ,hich the onstit!tion, la,s, re)!lations, and r!les of practice provide. :

The *asic constit!tional infirmit+ alone in the cond!ct of the case a)ainst the acc!sed is, in o!r candid assessment, fatal to the 9!d)ment of conviction meted o!t a)ainst him. Aside from the !nfair settin) and circ!mstance in ,hich the acc!sed ,as convicted, ins!fficienc+ of evidence to ,arrant a findin) of )!ilt+ *e+ond reasona*le do!*t also leads this o!rt to set

aside the conviction. The follo,in) events and circ!mstances are relevant in this re)ard8 On 2 -a+ 2#&', at past ei)ht o5cloc6 in the evenin), the acc!sed and the deceased ,ere last seen ,al6in) a,a+ to)ether from a sari-sari store ,here the+ had *een drin6in) tuba steadil+ in apparent harmon+. At aro!nd eleven thirt+ of the same evenin), the acc!sed s!ddenl+ appeared in the ho!se of ?ilson Evan)elists, ,ho ,as then ,ith relatives *!tcherin) a pi) for the *aptism of his child the follo,in) da+. The acc!sed ,as pantin) and trem*lin), and told ?ilson Evan)elista in si)n lan)!a)e that he had come from alama)o+, at the side of the canal, ,here there ,ere

persons fi)htin) on the road. Evan)elista later testified that he noticed the acc!sed ,earin) a fati)!e shirt ,ith a *lood-stain on it, and carr+in) a flashli)ht. On $ -a+ 2#&', Patrolman =e+naldo Pinto, Cr., ,as told to investi)ate a case of ro**er+ ,ith homicide ,ith the deceased -artin Francisco as victim, and to arrest the acc!sed on the *asis of ?ilson Evan)elista5s statement that he sa, the acc!sed ,ith a *loodstained shirt the previo!s evenin) ,hen the crime co!ld conceiva*l+ have occ!rred. Patrolman Pinto did so that ver+ da+. Several da+s later, he ,as also a*le to recover the deceased5s ,rist,atch and flashli)ht from the ho!se of the acc!sed5s father alle)edl+ thro!)h the assistance of the acc!sed himself. Bpon *ein) as6ed ,ho 6illed the deceased, the acc!sed alle)edl+ admitted to Pat. Pinto in si)n lan)!a)e that it ,as he *+ ma6in) )est!res ,hich Pat. Pinto interpreted to mean that the acc!sed had *een stoned *+ the deceased, th!s impellin) the acc!sed to sta* the latter. This confession,

ho,ever, ,as not incl!ded in Pat. Pinto5s affidavit as he alle)edl+ for)ot to tell the investi)ator. He also ac6no,led)e his fail!re to notif+ the acc!sed of his ri)ht to co!nsel *efore interro)ation and investi)ation d!e to diffic!lt+ in conve+in) the matter *+ si)n lan)!a)e. Eased on the a*ove circ!mstances and evidence, the trial co!rt fo!nd the acc!sed )!ilt+ *e+ond reasona*le do!*t of the crime char)ed, reasonin) as follo,s8 The prosec!tion proved and ,hich this o!rt finds that the acc!sed ,as the last person to *e seen

,ith the deceased, and that he ,as dr!n6 ,hen he left the store of prosec!tion ,itness Salome del Socorro to)ether ,ith the deceased. The o!rt also finds that the acc!sed5s clothes had

*loodstain on it ,hen he ,ent to the ho!se of prosec!tion ,itness ?ilson Evan)elista at 228.0 in the evenin) of -a+ 2, 2#&', the ni)ht ,hen the deceased ,as ro**ed and 6illed. The sei6o / act!s ,rist ,atch and the flashli)ht colored red and ,hite *oth *elon)in) to the deceased -artin Francisco ,ere recovered from the possession of the acc!sed and ,hich recover+ ,as done ,ith his help, The !ne1plained possession *+ the acc!sed of the properties *elon)in) to the deceased proved that he too6 these thin)s !nla,f!ll+. The fifteen %2/( sta* ,o!nds ,hich ,ere inflicted on the deceased, man+ of ,hich ,ere fatal ,o!nds proved that a m!ch +o!n)er ;man< than the deceased co!ld have inflicted the same. In the case at *ar, the acc!sed is ver+ m!ch +o!n)er than the deceased ,ho ,as '. +ears old at the time of his death, ... frail and ,itho!t ph+sical attri*!tes, !nli6e the acc!sed ,ho loo6s health+, ro*!st and +o!n) ... ?hile it is tr!e that Pat. Pinto and his companion ,ere a*le to )et a statement from the acc!sed ,itho!t tellin) him in advance of his constit!tional ri)hts, d!e to diffic!lt+ in e1plainin) them in si)n lan)!a)e, the acc!sed5s statement *+ si)n lan)!a)e ,as co!pled ,ith his vol!ntar+ help in recoverin) the thin)s *elon)in) to the deceased. F!rthermore, the co!rt considered and too6 note of the plea of )!ilt+ ,hich ,as entered into *+ the acc!sed on his first arrai)nment *+ si)n lan)!a)e thro!)h -r. Ale9andro -!noA ,ho is an associate of the acc!sed in their +o!n)er da+s. %Emphasis s!pplied.( ?e find the trial co!rt5s decision essentiall+ lac6in) in that de)ree of certaint+ in reason and conscience ,hich is necessar+ to esta*lish )!ilt *e+ond reasona*le do!*t. As held in B.S. v. Lasada, / 4E+ reasona*le do!*t is not meant that ,hich of possi*ilit+ ma+ arise, *!t it is that do!*t en)endered *+ an investi)ation of the ,hole proof and an ina*ilit+, after s!ch investi)ation, to let the mind rest eas+ !pon the certaint+ of )!ilt. A*sol!te certaint+ of )!ilt is not demanded *+ the la, to convict of an+ criminal char)e *!t moral certaint+ is re7!ired, and this. certaint+ is

re7!ired as to ever+ proposition of proof re7!isite to constit!te the offense.4 ' Facts m!st *e presented methodicall+ and metic!lo!sl+, contradictions m!st *e clarified, and )aps and loopholes in the evidence m!st *e ade7!atel+ e1plained 4to the end that the co!rt5s mind ma+ not *e tort!red *+ do!*ts, the innocent ;not< s!ffer and the )!ilt+ ;)o< !np!nished.4 & S!ch standards, ,e *elieve, have not *een met in this case. Patrolman Pinto, the interro)ator to ,hom the acc!sed alle)edl+ confessed the details ,hich led to a pres!mption that lie 6illed the deceased, e1pressl+ admitted that he co!ld have misinterpreted the )est!res made *+ the acc!sed as he had onl+ a sli)ht 6no,led)e of si)n lan)!a)e. F!rthermore, the same ,itness did not )ive f!ll+ credi*le replies ,hen 7!estioned a*o!t the possi*ilit+ that he ,as ordered to proceed to the ho!se of acc!sed5s father to )et the incriminatin) ,atch and flashli)ht ,hich ,ere delivered there earlier *+ a certain Nicolas. The *loodstain on the acc!sed5s shirt co!ld conceiva*l+ have come also from the fi)htin) that the acc!sed told ?ilson Evan)elista he had ,itnessed. onsiderin) that the deceased s!stained

fifteen %2/( sta* ,o!nds, t,elve %2$( of ,hich co!ld have separatel+ ca!sed death, accordin) to the medical officer ,ho e1amined the *od+ of the deceased, the presence of a sin)le *loodstain on the front of acc!sed5s shirt hardl+ s!pports the concl!sion reached *+ the trial co!rt, especiall+ ,hen related to the hi)h de)ree of into1ication appreciated a)ainst the acc!sed. As testified to *+ the medical officer ,ho, as stated, e1amined the *od+ of the deceased, the sta* ,o!nds co!ld also have *een inflicted *+ several assailants !sin) different ,eapons. That the acc!sed loo6ed m!ch more ro*!st than the deceased and th!s co!ld have committed the crime does not *+ itself deserve the ,ei)ht and consideration that the trial co!rt )ave to it. F!rthermore, the r!**er slippers and e+e)lasses fo!nd near the scene of the crime ,ere never Identified or e1plained. The trial co!rt5s appreciation of the plea of )!ilt+ earlier entered for the acc!sed *+ Special Policeman Ale9andro -!noA, ,hich the first presidin) 9!d)e earlier discarded, is re)retta*le, to sa+ the least, especiall+ ,hen considered ,ith the admittedl+ limited 6no,led)e in si)n lan)!a)e on the part of Pat. -!noA and in relation to the investi)ator5s o,n admission that the acc!sed ,as never informed of his ri)ht to co!nsel. D ?HE=EFO=E, the appealed decision is here*+ reversed. The acc!sed is ac7!itted, on the )ro!nd that his )!ilt has not *een proved *e+ond reasona*le do!*t. The o!rt here*+ orders his

immediate release from confinement, !nless he is le)all+ detained for some other ca!se or

offense. SO O="E=E". Teehan6ee, .C., >ap, Fernando, Narvasa, -elencio-Herrera, F!tierreA, Cr., ortes, CC., conc!r. r!A, Paras, Feliciano,

Fanca+co, Eidin, Sarmiento and Footnotes 2

onst. %2#&.(, Art. IG, Sec. 2&8 4No person shall *e held to ans,er for a criminal offense ,itho!t onstit!tion.

d!e process of la,.4 =eiterated in Art. I I 2, Sec. 2:, par. %2( of the 2#D& $

onst. %2#&.(, Art. IG, Sec. 2#8 4In all criminal prosec!tions, the acc!sed shall *e pres!med

innocent !ntil the contrar+ is proved, and shall en9o+ the ri)ht to *e heard *+ himself and co!nsel to *e in formed of the nat!re and ca!se of the acc!sation a)ainst him, to have a speed+@ impartial, and p!*lic trial to meet the ,itnesses face to face and to have comp!lsor+ process to sec!re the attendance of ,itnesses and the prod!ction of evidence in his *ehalf. ... =eiterated in Art III, Sec. 2:, par %$( of the 2#D& onstit!tion.

. $2 Ala. App. 200, 20/ So. .D' %2#$/( : Id at .D&. / 2D Phil. #0 %2#20( ' Id at #'-#&. & People v. Es7!ivel, D$ Phil. :/., :/# %2#:D( D onst. %2#&.(, Art. IG, Sec. $0, 4No person sha) *e compelled to *e a ,itness a)ainst himself.

An+ person !nder investi)ation for the commission of an offense shall have the ri)ht to remain silent and to co!nsel, and to *e informed of s!ch ri)ht. No force, violence, threat, intimidation or an+ other means ,hich vitiates the free ,in shall *e !sed a)ainst him. An+ confession o*tained in violation of this section shall *e inadmissi*le in evidence.4 onstit!tion. f. Art. III, Sec. 2$ of the 2#D&