G. R. No. 137407 January 28, 2003 PEOPLE OF THE PHILIPPINES, pla n! ""#app$ll$$, %&. 'ILLERIE ()EN*(+O, a,,u&$-#app$llan!. Fa,!&.

The principal witness for the prosecution was JEFFRE CASTILLO, an eight-year-ol son of the !icti" Re"e ios Castillo an #rother of the !icti" $el!in Castillo% In his testi"ony, he state that his parents were na"e Re"e ios an &oyet' that they were si( chil ren in the fa"ily, na"ely, $ichael, )i*ong, Ape, $anolito, the !icti" $el!in an hi"self' an that he was a +ra e I pupil at the Aguas Ele"entary School% ,e testifie that he *nows appellant, ha!ing *nown hi" for a#out three or four years #efore the inci ent of July -., /..0% On sai ate, at aroun 1233 4%$%, 'he saw appellant in their house, loo*ing for his plow an as*ing if he *new who got it, to which he replie that he i not% 5hile appellant was in their house, his "other was upstairs an his 6uya $el!in was also insi e the house% ,is father an the rest of his #rothers an sisters were in Ca#anatuan City% ,e recalle that appellant was then wearing a green t-shirt an shorts, the color of which he coul not re"e"#er% Thereafter, appellant left% After inner, he, his "other an #rother went to sleep% &efore they slept, he recalle they ha a pang"ag a"agan or o!ernight la"p which was turne on% That night, accor ing to Jeffre, they slept in the sa"e roo"% ,e was su enly awa*ene when he hear a co""otion 7*ala"#ugan8% ,owe!er, #y the ti"e he wo*e up, the roo" was !ery ar* #ecause the la"p was alrea y turne off% ,e hear his "other shout, 9)i*ong, tulungan "o *a"i%: 5hen he hear the *ala"#ugan he i""e iately ease his way to where they *ept their pillows an trie to hi e% Then, there was silence% Then he hear so"e#o y going ownstairs% ,is #rother $el!in lit the la"p, while Jeffre staye where he was% ,e then hear the person ownstairs going up again% ,e saw through his #lan*et that the person ha co"e up2 9;aaninag *o po sa *u"ot yung tao% That was when he istinctly hear his 6uya $el!in say, 96uya 5illie, ta"a na, ta"a na<: That was =ust #efore $el!in was *ille % Jeffre recalle that so"eone coughe an he recogni>e the cough as that of his 6uya 5illie% ,e recogni>e it #ecause he ha hear a si"ilar cough on se!eral occasions in the past when appellant fre?uente their house% ,e re"aine where he was until appellant left% Jeffre sai he fell asleep an was awa*ene only the following "orning #y persistent *noc*ing on their oor% ,e opene the oor to fin his Ate Annie, Ate ;or"a an Ate Ann loo*ing for his "other% ,e then tol his Ate Annie that 5illerie A!en a@o *ille #oth his "other Re"e ios an his 6uya $el!in% ,e re"e"#ere that thereafter, their relati!es as well as so"e police"en arri!e % Accor ing to witnesses, appellant was the a opte son 7or pala*i8 of an aunt of the Castillo #rothers% Appellant ha four chil ren% ,is wife li!e in San Ro?ue I, Occi ental $in oro, an sel o" !isite hi"% ,e owne an wor*e on a se!en-hectare far" a =acent to the lot where the witnesses an the !icti"s li!e % ,e fre?uente the neigh#orhoo while he #ought foo an supplies fro" the store of Juliana% &oth witnesses clai"e that when appellant was wor*ing on his far", he fre?uente the house of Re"e ios, ropping #y al"ost three ti"es a ay, especially when the !icti"As hus#an was not aroun % ,e so"eti"es ha coffee or left so"e of his far" i"ple"ents there% They clai"e that appellant ha spent a night there% Juliana further testifie that on two occasions prior to the inci ent, the !icti" Re"e ios confi e to her that she was angry at appellant #ecause he was courting her% 5itness Juliana a e she alrea y suspecte that fact e!en #efore Re"e ios confi e in her, #ut she i not tell appellantAs wife #ecause the wife "ight not #elie!e her% Later, accor ing to S4O- )i"alaluan, they went to the house of appellant /B3 "eters away fro" the cri"e scene% There they foun appellant who ha =ust ta*en a #ath% They as*e hi" what he wore the ay of the inci ent, an appellant pointe to the clothes he was wearing% )ou#ting appellant, )i"alaluan went insi e the house% In the #athroo", a green t-shirt with 9Lan #an*: print an ar* short pants, newly washe an still wet, were hanging fro" the clothesline% ,e sai he notice ar* stains on the"% These were #rought to the police station% )uring )i"alaluanAs testi"ony he "ar*e the stains foun on the clothes% These, howe!er, were not su#=ecte to la#oratory e(a"ination% Appellant !oluntarily went with the police to the police station, accor ing to )i"alaluan% 5hile etaine , appellant "a e an oral a "ission that he *ille the !icti"s an that he use a *nife, sai the police officer% ,ence, on July C/, /..0, )i"alaluan acco"panie appellant #ac* to his house, where appellant got fro" the ca#inet a hunting *nife with sca##ar an then han e it o!er to hi"%Accor ing to )i"alaluan, appellantAs a "ission was not re uce into writing #ecause when appellant "a e the a "ission, he was not assiste #y a lawyer% The *nife was li*ewise not su#=ecte to any la#oratory e(a"ination%

I&&u$. 5hether or not the arrest an the confine"ent of appellant are legal' an whether or not the T-shirt an short pants ta*en fro" appellant are a "issi#le in e!i ence% H$l-. ;o% It was error on the part of the trial court, howe!er, to gi!e pro#ati!e !alue to the allege !er#al a "ission "a e #y appellant to S4O- )i"alaluan% The allege a "ission was not re uce into writing% It was o#taine in !iolation of appellantAs right un er custo ial in!estigation% As regar s the ite"s of clothing as well as the *nife foun in an ta*en fro" the house of appellant, a search warrant shoul ha!e #een o#taine as re?uire un er Article III, Section C 7-8 of the Constitution% Failing thus, the e(clusionary rule applies% ,ence neither the *nife with sca##ar nor the T-shirt with shorts ought to #e allowe in e!i ence% ,owe!er, with regar to the legality of the arrest an confine"ent of appellant, it was shown that upon arraign"ent, appellant !oluntarily entere a plea of 9not guilty: without first ?uestioning the legality of his arrest% &y so plea ing, he has su#"itte to the =uris iction of the trial court, there#y curing any efect in his arrest% Such act a"ounte to a wai!er of the right to ?uestion any irregularity in his arrest% Appellant enies the co""ission of the cri"e an interposes the ali#i that he was in his house on the night of July -., /..1% For ali#i to stan , it "ust #e shown that not only was appellant so"ewhere else when the cri"e was co""itte #ut also that it was physically i"possi#le for hi" to ha!e #een at the scene of the cri"e at the ti"e it was co""itte % Appellant faile in this regar % ,is house was only a#out /B3 to -33 "eters fro" the house of Re"e ios' it was not i"possi#le for hi" to ha!e #een at the scene of the cri"e% Ali#i is inherently wea* an unrelia#le, unless corro#orate #y isintereste witnesses% Since appellant is una#le to su#stantiate his ali#i with the testi"ony of a cre i#le witness, it is re uce to self-ser!ing e!i ence un eser!ing of any weight in law% 5,EREFORE, the ecision of the Regional Trial Court of San Jose, Occi ental $in oro, &ranch D1, in Cri"inal Case ;o% R-D--0, is here#y $O)IFIE)% Appellant 5ILLERIE AEE;)AFO is foun +GILTH of two counts of ho"ici e% For each count, there #eing no aggra!ating nor "itigating circu"stance, he is sentence to suffer the in eter"inate penalty of eight years an one ay of prision "ayor, as "ini"u", to fourteen years, eight "onths an one ay of reclusion te"poral, as "a(i"u", with all the accessory penalties prescri#e #y law% Appellant is also or ere to pay the heirs of each !icti" the a"ount of 4B3,333%33 as ci!il in e"nity an another su" of 4B3,333%33 as "oral a"ages, together with the costs%