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DE LEON, JR., J.: On January 11, 1996, Roberto Samontañez was formally charged in court
with the crime of rape with homicide, defined and penalized under Article
335 of the Revised Penal Code, as amended, in an Information that reads:
Before us on automatic review is the Decision1 of the Regional Trial
Court, Branch 14, of Nasugbu, Batangas dated May 15, 1998 in Criminal
Case No. 1032 convicting the appellant, Roberto V. Samontañez, of the That on or about the 26th day of November, 1995, at about 6:30 o’clock
crime of rape with homicide and sentencing him to suffer the supreme in the evening, at Sitio Ilaya, Brgy. Bunducan, Municipality of Nasugbu,
penalty of death. Province of Batangas, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, by means of force and
intimidation, did then and there wilfully, unlawfully and feloniously have
In the early morning of November 25, 1995, Corazon delas Alas saw her
carnal knowledge of Lolita delas Alas y Andino against her will and
daughter, eighteen (18) year-old Lolita delas Alas, off to school from their
consent and by reason or on occasion of the said rape accused with intent
residence in Sitio Ilaya, Barangay Bunducan, Nasugbu, Batangas. That
to kill, wilfully, unlawfully and feloniously strangled the said Lolita delas
was the last time Corazon had seen her alive because at 8:00 o’clock in
Alas y Andino with the use of the latter’s T-shirt which directly caused
the evening of the same day Lolita’s lifeless and naked body was found
her instantaneous death. Further, the personal properties of Lolita delas
in the middle of a sugar cane plantation in Sitio Ilaya, Barangay
Alas y Andino consisting of a gold ring and a wrist watch in an
Bunducan, Nasugbu, Batangas. Lolita was apparently raped before the
undetermined amount were taken by the accused.
attacker ended her life.
Contrary to law.2
Nobody witnessed the actual commission of the grisly crime. However,
police investigation reveals that Roberto Samontañez was seen at around
6:30 o’clock in the evening on November 25, 1995 while he was in the Upon being arraigned on February 1, 1996, accused Roberto Samontañez,
act of coming out of the sugar cane plantation of Perino Desacola in Sitio assisted by counsel de oficio, entered the plea of "Not guilty" to the
Ilaya, Barangay Bunducan, Nasugbu, Batangas near the place where the Information in this case.
dead body of Lolita delas Alas was later found. It also appears that earlier,
at around 5:30 o’clock in the afternoon, Roberto passed by the house of Pre-trial was scheduled and terminated on March 14, 1996. Before trial
Melecio Mendoza in Sitio Bulanggutan, Barangay Bunducan and he on the merits could ensue the accused, through counsel, manifested his
headed eastward to the direction of the sugar cane plantation of Desacola. intention of changing his earlier plea of not guilty to that of guilty.
Thirty (30) minutes later, Lolita was also spotted, and she was likewise Accordingly, the trial court ordered that the accused be re-arraigned in
heading eastward to her house in Sitio Ilaya. At around 7:00 o’clock in Tagalog, a dialect which he understood, and the said accused then pleaded
the evening, Roberto returned heading westward and he passed through guilty to the charge of rape with homicide as stated in the instant
the same path along the cane field. information. After being satisfied that the accused entered a voluntary and
informed plea by asking some questions, the trial court required the
On November 28, 1995, Roberto was fetched by the police authorities of prosecution to adduce evidence to prove the guilt of the accused and the
Nasugbu, Batangas from his workplace at Hermogenes Trading in
The evidence of the prosecution shows that on November 26, 1995, the After reaching his house, Carlito joined in the search for Lolita upon
victim, Lolita delas Alas alias Betia, left their house in Sitio Ilaya, learning that she was missing. At 8:00 o’clock in the evening, the victim
Barangay Bunducan, Nasugbu, Batangas at around 6:00 o’clock in the was found dead in the sugar cane plantation of Perino Desacola in Sitio
morning to attend her classes at Kim Harold Computer School in Ilaya. Lolita was lying on her stomach, naked and a black T-shirt was tied
Poblacion, Nasugbu, Batangas. She was expected to return home at 5:00 around her neck.8
o’clock in the afternoon of the same day. Having failed to come home on
time, the victim’s mother, Corazon delas Alas, decided to meet Lolita in Another prosecution witness, Melecio Mendoza, who is an uncle of
Barangay Pantalan which was her usual route in going home from school. Roberto Samontañez by affinity, saw Roberto walking eastward to Sitio
Upon her arrival in Barangay Pantalan however, Corazon was informed Ilaya in Barangay Bunducan at about 5:30 o’clock in the afternoon on
that Lolita had already passed by, and that by then she must have reached November 26, 1995. Melecio also saw Lolita at around 6:00 o’clock in
their home. Corazon returned to Sitio Ilaya but found that Lolita was not the evening of the same day walking home to Sitio Ilaya. Subsequently,
yet home. Filled with apprehension, Corazon sought the assistance of her at 7:00 o’clock in the evening, Melecio again saw Roberto passed by his
neighbors, Renato Bauyon and Dalmacio Salao, to locate her daughter’s house, this time heading westward to Sitio Balanggutan in Barangay
whereabouts. At 8:00 o’clock in the evening Corazon fainted upon being Bunducan. Roberto was naked from waist up with his T-shirt placed on
informed by Bauyon and Salao that the dead body of Lolita was found in his shoulder.9
the sugar cane plantation of Perino Desacola. The body of her dead
daughter was already inside the house when she regained consciousness.4 Melecio joined in the search for Lolita after having been requested by
Renato Bauyon. Lolita was totally naked and already dead when they
Corazon gave her sworn statement5 to the police on December 8, 1995 in found her in the sugar cane plantation of Perino Desacola in Sitio Ilaya
connection with the rape-slay case of her daughter Lolita delas Alas. She which was approximately one hundred (100) meters away from his house
knew accused-appellant Roberto Samontañez for the reason that he was a in Sitio Balanggutan.10
resident of Sitio Balanggutan, Barangay Bunducan, Nasugbu, Batangas.
The death of her daughter was very painful to Corazon and that she spent Acting on the report that a dead woman was found in Barangay
about P40,000.00 in connection with her wake and funeral.6 Bunducan, Nasugbu, Batangas, SPO2 Buenaventura Masikat and other
police officers of Nasugbu, Batangas, together with Dra. Estela Hizon,
It appears that on November 26, 1995, Carlito Samontañez, who is a first proceeded to the crime scene in Sitio Ilaya, Barangay Bunducan,
cousin of both the accused-appellant and the victim, was on his way home Nasugbu, Batangas where the victim, Lolita delas Alas, was found dead
after gathering fodder for his animals when, at a distance of twenty (20) and lying on her stomach totally naked with a black T-shirt tied around
arms length, he chanced upon Roberto at around 6:30 o’clock in the her neck. A panty was stuffed in her anal area. Her hands were stretched
evening while the latter was coming out of the sugar cane plantation of upward and her bra was half removed.11
Perino Desacola in Sitio Ilaya, Barangay Bunducan, Nasugbu, Batangas.
Carlito and Roberto were coming from opposite directions. However, Dra. Estela Hizon, M.D., Municipal Health Officer of Nasugbu,
when they came close to two (2) arms length with each other, Carlito Batangas, conducted a post-mortem examination on the cadaver of Lolita
observed that Roberto, who was naked from waist up with his T-shirt delas Alas which was already in a state of rigor mortis. Her findings are
placed on his shoulder, was perspiring, somewhat surprised and looked contained in her post mortem certification12 dated November 26, 1995,
pale ("medyo po namumutla"). Carlito greeted Roberto and asked him thus:
where he just came from, but the latter did not answer and left hurriedly.
1. Contusion around the left eye.
A: Yes, sir. A: Yes, sir, despite that I am not changing my plea of guilty, sir. My conscience is
bothering me, for what I did to the victim, sir.
Q: As in fact, you are a registered voter, as you did vote in the last election?
Q: Alright, you sign on the notes together with the assistance of your counsel?
A: Yes, sir.
A: (The accused affixed his signature on the notes together with his counsel.) 28
Atty. Exchaure: Q: And in fact, the charge to which you pleaded guilty calls for the supreme penalty
of death?
Q: Mr. Witness, is it not a fact that when you were re-arraigned, you pleaded guilty to
the charge against you? A: Yes, sir.
A: Yes, sir. Q: And still you insist on or maintain your plea of guilty made before and you are
confirming the same this morning?
Q: And in fact, you were asked by the Honorable Court if your having pleaded guilty
is of your own voluntary act? A: Yes, sir.
Q: Now, up to the present time, do you confirm the fact that you pleaded guilty to the Q: And you are willing to accept whatever will be the penalty will be imposed by the
charge against you? Honorable Court for having pleaded guilty, which you still maintain up to now?
Q: At the time you pleaded guilty, nobody forced or coerced you to plead guilty? Court:
A: Yes, sir. Are you remorseful for the crime imputed to you and which you admitted to have
committed?
Court:
A: Yes, sir.
Q: And even now, nobody is threatening you?
Q: You just pray to God that in the final day of reckoning, God will still forgive you?
A: Nobody, sir.
A: Yes, sir.29
Atty. Exchaure:
Also, on January 29, 1998, the following verbal exchange were recorded, thus:
Q: Are you aware of the consequences of your having pleaded guilty?
Q: And you were repentant of what you did to the victim? I am now in dilemma, your honor, considering that the accused has
already pleaded guilty to the charge against him and the accused intimated
A: Yes, sir. to me this morning that he is changing his plea of guilty because
according to him when he testified before this Honorable Court admitted
Q: Do you know that your repentance cannot bring back the life of the victim? and pleaded guilty (sic), he was under pressure by a certain policeman to
admit the commission of the offense.
A: Yes, sir.
Court:
Q: And you leave your fate to this Court?
Well, that is your point, you have to present your evidence.
A: Yes, sir.30
Atty. Exchaure:
Nevertheless, We are not convinced that such lengthy inquiries conducted
by the trial court during the re-arraignment of the appellant as well as In that case, your honor, considering the recent development on the
during the subsequent hearings for the presentation of evidence of both intention of the accused, may I be allowed to confer first with the accused
the prosecution and the defense sufficiently established voluntariness and and ask the Honorable Court to have this case to move for continuance to
full comprehension of the appellant of his plea of guilty to the crime give us time to present the accused himself at the next schedule hearing.
charged in the Information. It may be noted that the appellant earlier
entered the plea of "Not guilty" to the Information in this case during his Court:
arraignment on February 1, 1996. Subsequently, the appellant manifested,
through his counsel de officio, his intention to change his previous plea to
The only other evidence of the prosecution are the testimonies of Carlito
Samontañez and Melecio Mendoza, both of which merely seek to
establish the presence of the appellant near the vicinity of the crime scene
on or about the time when the crime took place. Ultimately, the conviction
of the appellant for the crime charged in the case at bar rested primarily
on his plea of guilty which appeared to have been improvidently made
and hence, contrary to the letter and spirit of Section 3, Rule 116 of the
Revised Rules of Court, supra.