Benito Geronimo, the officer-in-charge of the security guards, took their confession in writing, and the same was subscribed and sworn to before the Assistant Director of Prisons. Another prison guard, Benjamin Aman, witnessed the investigation and the taking down of the confession.
This afternoon at about p. During the trial, Mojica admitted being a member of the "OXO gang". He, however, denied the commission of the crime, claiming that he had signed the extrajudicial confession because he had been beaten by men in khaki pants whose identities he did not know.
He explained that his hands had blood in them because his co-accused, Primitivo Ala smeared them with his Ala's bloody hands. Upon review of the records, we find substantial evidence corroborating the extrajudicial confession of Mojica.
The murder weapon he described in the extrajudicial confession was the very same weapon he was seen holding in his hands inside the prison cell by prison guard, Jose Magkalas, and the same weapon which appellant Mojica threw out of the cell window upon orders of the prison guard. In this extrajudicial confession, he admitted having stabbed the deceased on the sides and the stomach.
The deceased was found to have suffered stab wounds on said parts. Moreover, those parts of appellant, Mojica's narration in the extrajudicial confession concerning the participation of his co-accused, Ala aside from the fact that said co-accused confessed to the crime before the lower court and was thereby convicted , are also corroborated by the testimony of the prison guard, Jose Magkalas. As to the voluntariness of the execution of the extrajudicial confession, there is no question that it had been voluntarily made.
The statement was subscribed and sworn to before the Acting Assistant Director of Prisons before whom appellant could have complained had there really been any irregularity, or any violence used upon him. Furthermore, appellant could not identify the people who allegedly forced him to execute the admission. He could have sought protection from the prison authorities once he was out of the cell; he could have revealed to the same, the frame-up against him, and pleaded for separation from the vicious gang.
The explanation relative to the blood in his hands contradicted the testimony of his co-accused Ala. While Mojica said that it was Ala who had placed blood on his hands, the latter Ala said that it was Fortunato Birotiao who placed blood on the hands of Mojica. The presence, though, of blood on Mojica's clothes was not at all explained. When his judgment of conviction was brought before this Court en consulta in case G. L, 3 we found upon study of the case that he had adequate knowledge of the nature of the charge against him, of the meaning of his plea of guilt and of the consequence thereof.
And we affirmed the judgment of conviction against him. The element of conspiracy attended the commission of the instant crime. Both the extrajudicial confessions of appellant and of convict Primitivo Ala as well as the latter's judicial confession contain statements to the effect that they had agreed to kill the deceased Artus to avenge the death of a leader of the "OXO gang".
Thereupon, the court inquired whether the accused were ready to plead. Their counsel having answered in the affirmative, arraignment took place, the court interpreter reading the information and translating its contents to the accused. Then Ala pleaded guilty to the charge, whereas Mojica entered a plea of not guilty. Asked by the court: "Have you understood the information as read and translated to you by the Court Interpreter? The court further asked: "And in pleading guilty are you doing so freely and voluntarily, without having been coerced, intimidated, or promised any reward or immunity by any person?
Still the court inquired: "Are you aware of the fact that in pleading guilty you are liable to be sentenced in accordance with the provisions of the law governing this case? To our mind, the foregoing facts satisfactorily indicate that Ala had adequate knowledge of the nature of the charge against him, of the connotations of his plea and of the consequence thereof.
This view is bolstered up by the decision of conviction, rendered by the lower court, against his co-defendant Nicolas Mojica. Upon being apprised of this event, Ala and Mojica, who are members of the "OXO Gang", decided to kill their co-prisoner Ruperto Artus, who seemingly belong to the "Sigue-Sigue Gang", in order to avenge the death of Buclatin. So, that evening, at about p.
Not to be outdone, Ala likewise, stabbed Artus with an improvised weapon, looking like an ice pick. Altogether, Artus, who died that same evening, sustained thirty-two 32 wounds.
According to the prison doctor, the nature of the same and the effects thereof were:. External Findings: chanrobles virtual law library. Chest: chanrobles virtual law library. One 1 Punctured wound, at level of 5th intercostal space along mid sternal line. One 1 Punctured wound, at level of 6th intercostal space along margin of sternum, left. One 1 Punctured wound, at level of 6th intercostal space along para-sternal line, left. Three 3 Punctured wounds, at level of 6th intercostal space along mid sternal line, left.
One 1 Punctured wound, at level of 5th intercostal space mid clavicular line left. One 1 Punctured wound, at level of 5th intercostal space one inch lateral and clavicular line left.
One 1 Punctured wound, at 7th intercostal space along para- sternal line, right. One 1 Punctured wound, at 8th intercostal space parasternal line, right.
One 1 Punctured wound, at 8th intercostal space along margin of sternum, right. One 1 Punctured wound, at 8th intercostal space 1 cm. Abdomen: chanrobles virtual law library. Two 2 Punctured wounds, at epigastric region. One 1 Punctured wound, 1 inch below 12th rib, along semilunar line, left.. Three 3 Punctured wounds, 1 inch below 12 rib, along mid inguinal line, left. Eight 8 Punctured wounds, at lumbar region, left. One 1 Punctured wound, at level of umbilicus, along mid inguinal line right.
One 1 Punctured wound, 1 inch above umbilicus along mid inguinal line left. Internal Findings: chanrobles virtual law library. Lungs: chanrobles virtual law library. Left - Four 4 Punctured wounds, penetrating thru and thru. Right - Two 2 Punctured wounds, penetrating thru and thru. Heart: chanrobles virtual law library.
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