People v.

Baloloy
G.R. No. 140740
Ponente: (Per curiam)
Facts:
Jose Camacho, father of Genelyn and resident of Inasagan, Purok Mabia, Aurora,
Zamboanga del Sur, testified that at about 5:00 p.m. of 3 August 1996, he asked
Genelyn to borrow some rice from their neighbor Wilfredo Balogbog. Genelyn forthwith
left, but never returned. Thus, Jose went to the house of Wilfredo, who informed him
that Genelyn had already left with one ganta of rice. Speculating that Genelyn might
have taken shelter at the house of their neighbor Olipio Juregue while it was raining,
Jose proceeded to Olipios house. Unfortunately, Jose did not find Genelyn there. Not
losing hope, Jose proceeded to the house of Ernesto Derio. On his way, he met
Wilfredo, who accompanied him to the house of Ernesto. Genelyn was not there
either. They continued their search for Genelyn, but when it proved to be in vain, the
two decided to go home.
A few minutes after Jose reached his house, Ernesto and Juanito arrived. Juanito
informed Jose that he saw a dead body at the waterfalls, whose foot was showing.
When asked whose body it was, Juanito answered that it was Genelyns.
Immediately, the three went to the waterfalls where Juanito pointed the spot where he
saw Genelyns body. Jose reported the incident to Barangay Captain Luzviminda
Ceniza.
Antionio Camacho handed to Ceniza a black rope which was reportedly in the spot
where the body was found. Ceniza, who was at the wake then, asked the people around
who the owner of the rope was. Juanito replied in the affirmative. Ceniza took Juanito
away from the other people and asked Juanito to tell her everything. Juanito then
confessed how Juanito only intended to frighten Genelyn and how he raped then
killed her. Ceniza announced to the people there that Juanito was the culprit. She then
turned Juanito over to an officer because the people had become unruly. Juanito was
then brought to the police headquarters and was investigated. The police officer
took the affidavits of the witnesses thereafter.
The next day, Ceniza along with Juanito, went to Judge Dicons courtroom to swear on
their affidavits. Judge Dicon asked Juanito if the accusation against him was true.
Juanito replied saying Napanuwayan ko, sir. Juanito was never assisted by a
lawyer during the investigation by the police and during Judge Dicons questioning.
The Regional Trial Court rendered a decision of guilty on the accused.
Issue(s): Whether or not the verbal confession was admissible as evidence.
Held:
The Court affirmed the decision of the Regional Trial Court. The confession made by
Juanito to Ceniza is admissible because it was a spontaneous statement and was
made before custodial investigation. As such, the provision on custodial
investigation does not apply. On the other hand, the confession Juanito made to
Judge Dicon is inadmissible in evidence as the former was not informed of his
constitutional rights nor was he assisted by counsel while he made the confession.
The Court held, however, that the confession made to Judge Dicon can be taken as
a verbal admission to the crime as can be established by the testimonies of the

persons who heard the statement. Lastly, the circumstantial evidence gathered clearly
establishes Juanitos guilt.