PEOPLE vs.

VALLEJO
May 9, 2002

FACTS: 1. Gerrico Vallejo was accused of the crime of rape and homicide of a 9 yr old girl named Daisy Diolola in Rosario Cavite. 2. he prosecution presented 1! witnesses. heir testimonies are as follows" a. #a. $ida Diolola% Daisy&s mother % estified that at around 1pm' she sent Daisy to the house of (imee Vallejo' Gerrico&s sister' to tutor Daisy. Daisy was then wearing pin) short pants and a white sleeveless shirt. % * hr later' Daisy came +ac) with Gerrico' loo)ing for a +oo) from which Gerrico could copy to ma)e a drawing that Daisy can su+mit to her teacher. (fter finding the +oo)' Daisy and Gerrico went +ac) to the Vallejo residence. % ,hen #a. $ida wo)e up from her nap' Daisy was still not home. -he loo)ed for Daisy. (imee&s mother told her that (imee was not a+le to tutor Daisy since she was not feeling well as she had her menstrual period. -he ne.t loo)ed for Daisy at her +rother&s and sister&s houses. -he went +ac) to the Vallejo residence and saw Gerrico. Gerrico claimed that Daisy had gone to a classmate&s house to get a +oo). ,hen $ida went there' she was told that Daisy had not +een there. #a. $ida went to the di)e and was told that they saw Daisy playing at a+out /"/! o0cloc) in the afternoon. 1essiemin #ataverde also told #a. $ida that Daisy was playing in front of her house that afternoon and even watched television in her house' +ut that Daisy later left with Gerrico. % #a. $ida' along with her +rother and sister' loo)ed for Daisy. hey found her the ne.t day when they were informed that the dead +ody of her daughter was found tied to the root of an aroma tree +y the river after the 2compuerta2 +y a certain 3reddie 4uinto. he +ody was already in the +arangay hall when #a. $ida saw her daughter. Daisy was wearing her pin) short pants with her sleeveless shirt tied around her nec). +. 1essiemin #ataverde%neigh+or of victim % (t around /pm' she saw Daisy playing with other children outside her house. -he as)ed Daisy and her playmates to stop playing as

c. %

d. %

e. % % f.

their noise was )eeping her +a+y awa)e. Daisy instead watched television instead from the door of 1essiemin0s house. (+out five minutes later' Gerrico came and told Daisy something Daisy then with him to the 2compuerta.2 (t around 5pm' while she and her daughter were in front of a store across the street from her house' Gerrico arrived to +uy a stic) of #arl+oro cigarette. 6e had only his +as)et+all shorts on and was just holding his shirt. hey noticed +oth his shorts and his shirt were wet. Charito 7epes%neigh+or of victim Charito' her hus+and and their children decided to go fishing' hey saw Gerrico near the seashore and noticed that he was uneasy and loo)ed trou+led. Charito said that accused%appellantdid not even greet them' which was unusual. -he also testified that accused% appellant0s shorts and sando were wet' +ut his face and hair were not. -891 (rnel Cuevas% police officer of Rosario police station he police officers responded when they received the report. ,hen they arrived' Daisy0s +ody was already in the +arangay hall. -891 Cuevas too) photographs of the +ody. (t that time' Daisy was wearing pin) short pants and a dirty white panty with a dirty white sleeveless shirt wrapped around her nec). he +ody was afterwards ta)en to a funeral parlor. heir in:uiries showed that one 3reddie 4uinto was fishing near the compuerta when he accidentally hit the +ody of Daisy' which was in the mud and tied to the root of an aroma tree. Gerrico was invited for :uestioning. wo other persons were ta)en into custody +ut were later released. he policemen went to the house of Gerrico and recovered the white +as)et+all shirt and the violet +as)et+all shorts worn +y Gerrico the day +efore. he shirt and shorts' which were +loodstained' were turned over to the $;* for la+oratory e.amination. Dr. (ntonio Vertido% the medico%legal officer of the $;* 6e conducted a physical e.amination of Gerrico and found only a+rasions in the thigh and )nees. 6e also found a hematoma on his left ring finger. 6e also conducted a physical e.amination of Daisy at the funeral parlor. (tty. <upo <eyva% the lawyer who assisted Gerrico during his confession

g.

h.

i.

=pon arriving at the police station' he as)ed Gerrico if he wanted his services as counsel in the investigation. (fter he assented' (tty. <eyva testified that he 2sort of discouraged2 him from ma)ing statements as anything he said could +e used against him. 6owever' Gerrico was willing to +e investigated so (tty. <eyva said he advised him to tell the truth. he investigator informed accused%appellant of his constitutional rights. (fter the statement was ta)en' (tty. <eyva and accused%appellant read it and afterwards signed it. (tty. <eyva testified that he did not see or notice any indication that accused%appellant had +een maltreated +y the police. *n his sworn statement' accused%appellant confessed to )illing the victim +y strangling her to death' +ut denied having molested her. 8et ;yron ;uan% $;* forensic +iologist % 6e too) +lood samples from Gerrico to determine his +lood type. 6e also too) samples from Gerrico&s and Daisy&s clothes from when Daisy went missing. % Result" Gerrico had +lood type 9 and Daisy has +lood type ( % estified that Gerrico admitted to him that he raped and )illed Daisy. ,hen Gerrico was +rought +efore *n:uest 8rosecutor >lpidia 1. *toc' he had with him a handwritten confession wherein he confessed to raping and )illing Daisy. 6e claimed that she did not resist when he removed her undergarments +ut that when he tried to insert his penis into the victim0s vagina' she struggled and resisted. (ccused%appellant said he panic)ed and )illed the child. #ayo Renato (+utan%mayor of Rosario % ,hen he was informed of the rape and murder' he went to the municipal hall and tal)ed to Gerrico. (t first' Gerrico denied the crime +it eventually confessed. he mayor as)ed Gerrico if he wanted to have the services of (tty. <upo <eyva as his lawyer. ,henhe said he did' #ayor (+utan fetched (tty. <eyva. (tty -i)at (g+unag%8(9 lawyer % 8rosecutor *toc as)ed (tty. (g+unag to assist accused% appellant a+out his confession. (tty. (g+unag read the document' informed accused%appellant of his constitutional rights' and warned him that the document could +e used against him and that he could +e convicted of the case against

j.

him' +ut' according to her' accused%appellant said that he had freely and voluntarily e.ecuted the document +ecause he was +othered +y his conscience. % (t the instance of the City 8rosecutor' $;* 3orensic ;iologist 8et ;yron ;uan too) +uccal swa+s and hair samples from accused%appellant' as well as +uccal swa+s and hair samples from the parents of the victim. he samples were su+mitted to the D$( <a+oratory of the $;* for e.amination. (ida #agsipoc% $;* 3orensic Chemist % Conducted D$( tests on the specimens collected. -he testified that the vaginal swa+s of the victim ta)en during the autopsy contained the D$( profiles of accused%appellant and the victim

/.

2 ,itnesses for Defense" a. Gerrico % (t 1pm' Daisy went to their house and as)ed him to draw her school project. 6e finished the drawing at a+out /pm in the afternoon and gave it to the victim0s aunt. 6e claimed he did not go out of the house until ?pm in the evening when he saw #a. $ida loo)ing for Daisy. (fter that' accused%appellant said he went to the 2pilapil2 and tal)ed with some friends' and' at a+out @pm' he went home. % he ne.t morning' +arangay officials fetched him and too) him to the +arangay hall and as)ed him a+out Daisy&s disappearance. 6e said he did not )now anything so he wasl allowed togo home. -u+se:uently' policemen came and invited him for :uestioning. 6is mother went with him to the police station. here' he still denied )nowing anything a+out the crime. % *n the afternoon' he was accompanied +y the police to his house to get his clothes from the day +efore. 6e claimed that police forced him to admit that he had raped and )illed Daisy and that he admitted having committed the crime to stop them from +eating him up. (ccused%appellant claimed the police even +urned his penis with a lighted cigarette and pric)ed it with a needle. % Confirmed that #ayor (+utan and (tty. <eyva went to see him in the investigation room of the police station and told him that they would help him if he told the truth. (tty. <eyva

+.

C. ISSUE: Relevant: ,hether the samples su+mitted for D$( testing were contaminated' considering that the specimens were already soa)ed in smirchy water. %$9

as)ed him whether he wanted him to +e his counsel' and accused%appellant said he answered in the affirmative. 6e said (tty. <eyva informed him of his constitutional rights. (ccused%appellant claimed that' although he admitted to #ayor (+utan and (tty. <eyva the commission of the crime' this was +ecause the police had maltreated him. (ccused% appellant said he did not tell the mayor or (tty. <eyva that he had +een tortured +ecause the policemen were around and he was afraid of them. (ccording to accused%appellant' #ayor (+utan and (tty. <eyva were not present when he gave his confession to the police and signed the same. (ccused% appellant claims that although the confession was in his own handwriting' he merely copied the contents thereof from a pattern given to him +y the police. Aadditional info" he family of accused%appellant transferred their residence to <aguna +ecause of fear of reprisal +y residents of their +arangayB (imee% sister of Gerrico % 6er testimony was no longer discussed in the case. he C found Gerrico guilty of rape with homicide.

1.

6.

RATIO: *. ,hether the samples su+mitted for D$( testing were contaminated' considering that the specimens were already soa)ed in smirchy water.% $9 1. DNA is an organi s!"stan e #o!n$ in a %erson&s ells '(i ( ontains (is or (er geneti o$e. E) e%t #or i$enti al t'ins* ea ( %erson&s DNA %ro#ile is $istin t an$ !ni+!e. ,. -(en a ri.e is o..itte$* .aterial is olle te$ #ro. t(e s ene o# t(e ri.e or #ro. t(e vi ti.&s "o$/ #or t(e s!s%e t&s DNA. T(is is t(e evi$en e sa.%le. T(e evi$en e sa.%le is t(en .at (e$ 'it( t(e re#eren e sa.%le ta0en #ro. t(e s!s%e t an$ t(e vi ti..T(e %!r%ose o# DNA testing is to as ertain '(et(er an asso iation e)ists "et'een t(e evi$en e sa.%le an$ t(e re#eren e sa.%le.

5.

T(e sa.%les olle te$ are s!"2e te$ to vario!s (e.i al %ro esses to esta"lis( t(eir %ro#ile. T(e test .a/ /iel$ t(ree %ossi"le res!lts: 13 T(e sa.%les are $i##erent an$ t(ere#ore .!st (ave originate$ #ro. $i##erent so!r es 4e) l!sion3. T(is on l!sion is a"sol!te an$ re+!ires no #!rt(er anal/sis or $is !ssion5 ,3 It is not %ossi"le to "e s!re* "ase$ on t(e res!lts o# t(e test* '(et(er t(e sa.%les (ave si.ilar DNA t/%es 4in on l!sive3. T(is .ig(t o !r #or a variet/ o# reasons in l!$ing $egra$ation* onta.ination* or #ail!re o# so.e as%e t o# t(e %roto ol. Vario!s %arts o# t(e anal/sis .ig(t t(en "e re%eate$ 'it( t(e sa.e or a $i##erent sa.%le* to o"tain a .ore on l!sive res!lt5 or 13 T(e sa.%les are si.ilar* an$ o!l$ (ave originate$ #ro. t(e sa.e so!r e 4in l!sion3. In s! ( a ase* t(e sa.%les are #o!n$ to "e si.ilar* t(e anal/st %ro ee$s to $eter.ine t(e statisti al signi#i an e o# t(e Si.ilarit/. In assessing t(e %ro"ative val!e o# DNA evi$en e* t(ere#ore* o!rts s(o!l$ onsi$er* a.ong ot(ers t(ings* t(e #ollo'ing $ata: (o' t(e sa.%les 'ere olle te$* (o' t(e/ 'ere (an$le$* t(e %ossi"ilit/ o# onta.ination o# t(e sa.%les* t(e %ro e$!re #ollo'e$ in anal/7ing t(e sa.%les* '(et(er t(e %ro%er stan$ar$s an$ %ro e$!res 'ere #ollo'e$ in on$! ting t(e tests* an$ t(e +!ali#i ation o# t(e anal/st '(o on$! te$ t(e tests. *n the case at +ar' the +loodstains ta)en from the clothing of Daisy and of Gerrico' the smears ta)en from the victim as well as the strands of hair and nails ta)en from her tested negative for the presence of human D$(. (ccording to #agsipoc&s testimony' after the Court issued an 9rder for D$( analysis' serological methods were already conducted on the said specimens. he specimens were soa)ed in smirchy water +efore they were su+mitted to the la+oratory. he state of the specimens prior to the D$( analysis could have hampered the preservation of any D$( that could have +een there +efore. -o when serological methods were done on these specimens' #r. ;yron could have ta)en such portion or stains that were only amena+le for serological method and were not enough for D$( analysis already. -o negative results were found on the clothings that were su+mitted.

D.

(s to the vaginal smears ta)en' #agsipoc said that the smear on the slide was very' very dry and could have chipped off. -o they tested the swa+ instead. -o the smears gave negative results +ut the swa+' positive. ?. (s to the hairs and nails ta)en from Daisy' they showed negative results +ecause the cut hair did not contain any root. -o any hair that is a+ove the s)in or the epidermis of one0s s)in would give negative results as the hair shaft is negative for D$(. (nd then the nails did not contain any su+cutaneous cells that would +e amena+le for D$( analysis. @. -9 it was the inade:uacy of the specimens su+mitted for e.amination' and not the possi+ility that the samples had +een contaminated' which accounted for the negative results of their e.amination. ;ut the vaginal swa+s ta)en from the victim yielded positive for the presence of human D$(. =pon analysis +y the e.perts' they showed the D$( profile of Gerrico. 9. he Court listed down the circumstantial evidence proving the guilt of Gerrico. A* won&t put it here na since D$( >vidence naman ang issue.B *t then held that an accused can +e convicted even if no eyewitness is availa+le' provided sufficient circumstantial evidence is presented +y the prosecution to prove +eyond reasona+le dou+t that the accused committed the crime.21 *n rape with homicide' the evidence against an accused is more often than not circumstantial. his is +ecause the nature of the crime' where only the victim and the rapist would have +een present at the time of its commission' ma)es the prosecution of the offense particularly difficult since the victim could no longer testify against the perpetrator. Resort to circumstantial evidence is inevita+le and to demand direct evidence proving the modality of the offense and the identity of the perpetrator is unreasona+le. 1!. he totality of the evidence points to no other conclusion than that Gerrico is guilty of the crime charged. >vidence is weighed not counted. ,hen facts or circumstances which are proved are not only consistent with the guilt of the accused +ut also inconsistent with his innocence' such evidence' in its weight and pro+ative force' may surpass direct evidence in its effect upon the court **. 1. ,9$ his oral and written confesions are valid.%7>Gerrico argues that the oral confessions given to #ayor (+utan and to $;* 3orensic ;iologist should +e deemed inadmissi+le for +eing

2.

/.

violative of his constitutional rights as these were made +y one already under custodial investigation to persons in authority without the presence of counsel. Court" (ccording to (tty <eyva&s testimony' he apprised Gerrico of the conse:uences of his statements. Gerrico admitted that he was first as)ed whether he wanted the services of (tty. <eyva +efore the latter acted as his defense counsel. ( counsel who is provided +y the investigators is deemed engaged +y the accused where the latter never raised any o+jection against the former0s appointment during the course of the investigation +ut' on the contrary' thereafter su+scri+ed to the veracity of his statement +efore the swearing officer. Contrary to the assertions of Gerrico' (tty. <eyva was not the municipal attorney of Rosario' Cavite +ut only a legal adviser of #ayor (+utan. he mayor0s :uestions to accused%appellant were not in the nature of an interrogation' +ut rather an act of +enevolence +y a leader see)ing to help one of his constituents.

***.,9$ his e.trajudicial confessions are admissi+le. E7>1.Gerrico claimed that they were e.tracted +y him +ecause he was tortured. 2.C9=R " 6is claim of torture and +eatings are not supported +y any proof. ,hen he was e.amined +y Dr. Vertido during his stay at the municipal hall Awhen he claimed he was torturedB' the report showed that he did not sustain injuries consistent with one who was tortured. he doctor would have found more than mere a+rasions and hematoma on his left finger. Dr. Vertido0s findings are more consistent with the theory that accused%appellant sustained physical injuries as a result of the struggle made +y the victim during the commission of the rape in the 2compuerta.F /.*n any case' even if his confessions are not admitted in evidence' the circumstantial evidence is sufficient to esta+lish his guilt +eyond all reasona+le dou+t. no other witness not related to accused%appellant was ever called to corro+orate his claim. he defense presented only accused% appellant0s sister' (imee Vallejo' to corro+orate his story. (li+i cannot prosper if it is esta+lished mainly +y the accused and his relatives' and not +y credi+le persons*t is well settled that ali+i is the wea)est of all defenses as it is easy to contrive and difficult to disprove. DISPOSITIVE: Decision of R C is affirmed.