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Gr Nos L-39523 and L-39524, May 15, 1981 The People of the Philippines, plaintiff-appellee, vs Rogelio

Robles, Rodolfo Robles, Conrado Luna and Antonio Sarmiento, accused. Conrado Luna, accused-

FACTS: On November 22,1966, Rodolfo Mendoza was shot and killed by two persons inside the Old Gold
Restaurant at Tondo, Manila.The police investigator got the sworn statements of Ernesto De Guzman
and Renato Manlapit, pointing to Antonio Sarmiento and Conrado Luna as the killers and to Rogelio
Robles as the person who wanted to be assured that Mendoza was dead. The said witnesses were with
them at the restaurant during the said killing. Sarmiento also made four confessions confirming the
statements of the witnesses but he was not assisted by counsel and was not informed of his
constitutional rights. Luna’s alibi was that he was in the vessel Bupri which he could not left because it
was guarded. That pretension was refuted by Ricardo Raymundo, a fellow prisoner of Luna also detailed
at the vessel Bupri.

ISSUE: 1. Are the confessions of Sarmiento admissible in evidence? 2. Is the testimony of the
prosecution witness more credible than accused’s alibi?

HELD: 1. No, since he was not assisted by counsel when he made the confessions and he was not
informed of his constitutional rights against self-incrimination and to remain silent. He did not waive
those rights. Hence, the four confessions, taken during custodial interrogation, are inadmissible in
evidence as admissions of guilt. 2. Yes, we hold that the trial court did not err in giving more credence to
Raymundo’s testimony than to Luna’s alibi. Raymundo was a disinterested and unbiased witness.