EN BANC
[G.R. No. 35122. August 12, 1932. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. GUENDO NISHISHIMA (alias Guiendo Nisijima), Defendant-Appellant.
Adolfo A. Scheerer and Gibbs & McDonough for Appellant.
Attorney-General Jaranilla for Appellee.
SYLLABUS
1. CRIMINAL LAW; CONFESSIONS AS EVIDENCE OF GUILT. — Section 4 of Act No. 619 provides that no confession of any person charged with crime shall be received as evidence against him by any court of justice unless it be first shown to the satisfaction of the court that it was freely and voluntarily made and not the result of violence, intimidation, threat, menace, or of promises or offers of reward or leniency.
2. ID.; ID., RULE OF JURISPRUDENCE. — The repeal of section 4 of said Act No. 619 did not impair the general rule of jurisprudence to the effect that a confession improperly obtained by the means or under the conditions stated in that section is not competent evidence against an accused person. (U.S. v. Zara, 42 Phil., 308, 316.)
3. ID.; ID.; CONFESSION PREPARED BY DETECTIVES. — Whatever be the truth as to the defendant’s charges of maltreatment by the detectives and policemen before he confessed or assented to the statements attributed to him, the court was constrained to believe that such statements were not voluntarily made by the accused and that they were the words of the detectives put in the mouth of the accused pursuant to their preconceived theory as to the commission of the crime.
2. ID.; ID., RULE OF JURISPRUDENCE. — The repeal of section 4 of said Act No. 619 did not impair the general rule of jurisprudence to the effect that a confession improperly obtained by the means or under the conditions stated in that section is not competent evidence against an accused person. (U.S. v. Zara, 42 Phil., 308, 316.)
3. ID.; ID.; CONFESSION PREPARED BY DETECTIVES. — Whatever be the truth as to the defendant’s charges of maltreatment by the detectives and policemen before he confessed or assented to the statements attributed to him, the court was constrained to believe that such statements were not voluntarily made by the accused and that they were the words of the detectives put in the mouth of the accused pursuant to their preconceived theory as to the commission of the crime.
D E C I S I O N
PER CURIAM:
This is an appeal from a decision of the Court of First Instance of Manila finding the defendant guilty of the murder of Gregorio Tolentino, with the presence of the aggravating circumstance of treachery, and sentencing him to suffer the penalty of death, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs.
The defendant was tried on a plea of not guilty to the following information:jgc:chanrobles.com.ph
"That on or about the 9th day of November, 1930, in the City of Manila, Philippine Islands, the said accused, conspiring with and induced by others for a promise of reward offered by the latter, with evident premeditation and treachery, and under the cover of the night purposely sought, did then and there willfully, unlawfully, and feloniously assault, attack, hack, and wound with a bolo or sharp instrument, Gregorio Tolentino, who was then lying asleep in his house and dwelling located at No. 2541 Lico Street of said city, inflicting upon him the following physical injuries, to wit: incised wound on the left side of the neck involving the left common carotid artery, the left vagus and sympathetic nerves, the muscles and other tissues of the region ending into the fourth cervical vertebr
The defendant was tried on a plea of not guilty to the following information:jgc:chanrobles.com.ph
"That on or about the 9th day of November, 1930, in the City of Manila, Philippine Islands, the said accused, conspiring with and induced by others for a promise of reward offered by the latter, with evident premeditation and treachery, and under the cover of the night purposely sought, did then and there willfully, unlawfully, and feloniously assault, attack, hack, and wound with a bolo or sharp instrument, Gregorio Tolentino, who was then lying asleep in his house and dwelling located at No. 2541 Lico Street of said city, inflicting upon him the following physical injuries, to wit: incised wound on the left side of the neck involving the left common carotid artery, the left vagus and sympathetic nerves, the muscles and other tissues of the region ending into the fourth cervical vertebr
