People v. Mahinay

Larry Mahinay was a houseboy for Maria Isip in Valenzuela, Metro Manila, and looked after her house, which was under construction. On June 25, 1995 he drank from morning into the evening. Witnesses saw him near the compound that evening, and one saw the 12-year-old victim standing at the gate of the unfinished house. At about 9 p.m. he appeared at a store drunk, uneasy and dishevelled. He did not show up for supper, and at 2 a.m. he left the area by jeepney. That morning the girl's body was found in the compound's septic tank. The autopsy found death by manual strangulation, with hymenal lacerations. Police found her shorts, belt and ribbon in the unfinished house, along with his slippers, and more of his belongings near the septic tank. He was arrested in Batangas. Assisted by a PAO lawyer, he signed an extrajudicial confession admitting that he raped and killed her. At trial he claimed that two others brought him the body and forced him to help dispose of it. The RTC convicted him of rape with homicide and imposed death.

1. 1Whether the circumstantial evidence and the extrajudicial confession proved rape with homicide beyond reasonable doubt.
2. 2Whether the extrajudicial confession was obtained in violation of his right to counsel.
3. 3Whether the death penalty and the civil awards were proper.

The conviction was affirmed. Circumstantial evidence suffices if there is more than one circumstance, the facts from which inferences are drawn are proven, and together they produce conviction beyond reasonable doubt. The chain here sufficed: his presence and demeanour that night, the victim's belongings in the house where he slept, his belongings by the septic tank, his flight, and his confession. As the victim was 12, both intercourse and force had to be proved (Art. 335, RPC, as amended by RA 7659). The medical findings and his confession proved intercourse; her injuries showed force, and she was unconscious when violated. His claim that the confession violated his right to counsel was belied by the assisting PAO lawyer, who explained his rights and was present when he signed a written waiver. His story about two other men was incredible. Death, the single indivisible penalty for rape with homicide, applies regardless of modifying circumstances (Art. 63); his claim to be under 18 failed. Civil indemnity was increased to P75,000, plus P50,000 moral damages, and the records were ordered forwarded to the President for possible exercise of the pardoning power. The Court then laid down guidelines for officers on arrest and during custodial investigation. The person must be told, in a language he understands, the reason for the arrest; his right to remain silent; and his right to an independent and competent lawyer, preferably of his choice, to be provided if he cannot afford one. No custodial investigation may proceed without counsel or a valid waiver, and a waiver of counsel must be in writing and made in counsel's presence. Evidence obtained in violation of these rights is inadmissible.