G.R. No.

145566             March 9, 2004

PEOPLE OF THE PHILIPPINES, vs. DINDO "BEBOT" MOJELLO
YNARES-SANTIAGO, J.

FACTS

The victim, Lenlen Rayco, was last seen with the appellant Bebot Mojello. On 16
December 1996, the body of the victim was found lifeless, naked, and bruised on the seashore.
The medico-legal report positively indicated that the victim was raped. When apprehended by
the police officers and was subjected to an investigation on 17 December 1996, the appellant
admitted to the crime. Six days after, during custodial investigation, the appellant, assisted by his
counsel, executed an extrajudicial confession to the crime.
The appellant was charged of the crime of Rape with Homicide. He was arraigned and
entered a not guilty plea. The lower court found him guilty. Hence, an automatic review of the
case was submitted to the Supreme Court.

ISSUE

Whether the extrajudicial confession of the appellant was admissible. (YES)

RATIO DECIDENDI

The Court finds the extrajudicial confession in compliance with the strict constitutional
requirements of the right to counsel as enshrined in Art. III, Sec. 12, par. 1 of the Constitution in
relation to Rep. Act No. 7438, Sec. 2. The Court observed that the confession itself expressly
states that the investigating officers informed him of such rights. Further, the appellant claimed
that his confession was induced by a threat against his life. The Court took cognizance, however,
of his failure to present evidence to prove such threat and neither did he file any case against the
person who threatened him nor did he report such incident to his counsel. He also claimed that he
did not understand the contents of the confession which was read in the Visayan dialect, yet he
admits that he uses the Visayan dialect in his daily discourse.
The Court found him guilty beyond reasonable doubt for the crime only that of statutory
rape, the victim being 11 years old, and was sentenced to suffer the penalty of reclusion
perpetua.