People V Cayago
People V Cayago
People V Cayago
"At about 1:25 o'clock in the afternoon of August 2, 1995, SPO2 Belino Zinampan, Jr. was at the
police headquarters at Pasig City where he received the report of Rolando Cayago that he saw
the decomposing body of his wife at the abandoned barangay hall of Santolan, Pasig City.
Zinampan, SPO2 Antonio Paulite, a police photographer and Cayago proceeded to the said
abandoned barangay hall to verify the report.
Thereat, the group saw the dead and decomposing body of a woman. Zinampan requested
Cayago to identify the body and on recognizing the shoes worn by the deceased, let out a loud
cry and thereafter lost consciousness for about five minutes. Thereafter, Cayago, in answer to
Zinampan's question, answered that he does not know who killed his wife. Zinampan and
Cayago then returned to the police headquarters where the latter's statement was taken by the
former.
"At the time Cayago's statement was being taken, Police Sr. Inspector Pajota noticed Cayago's
several inconsistent statements. Pajota subsequently instructed Zinampan, SPO2 Paulite and
SPO2 Delos Reyes to further interrogate Cayago and, who, thereafter concluded that Cayago
was `reluctant and inconsistent in answering our simple questions.'
"On August 3, 1995, when Cayago was about to be brought to Camp Crame for a polygraph
test, he requested permission to go to the nearby church. Cayago requested that he be
accompanied by SPO2 Delos Reyes, who agreed.
Thereat, Cayago admitted to SPO2 Delos Reyes that he killed his wife Myra Cayago and was
willing to give his statement relative to said killing. SPO2 Delos Reyes and Cayago returned to
the police station and upon such information, Sr. Inspector Pajota instructed Zinampan to
secure a lawyer to assist Cayago.
Zinampan then requested Atty. Reynario Campanilla, who agreed to assist Cayago. Atty.
Campanilla conferred with Cayago at the Office of the Investigation Division. After apprising
Cayago of his constitutional rights, Cayago admitted that he killed his wife. Atty. Campanilla
then advised Cayago to personally write down his confession which Cayago did for about an
hour in the presence of Atty. Campanilla.
Thereafter, with the aid of a tape recorder, requested Cayago to read his admission.
After informing Cayago of his constitutional rights against self- incrimination, SPO2 Delos Reyes
started taking down Cayago's extra- judicial confession again in the presence of Atty.
Campanilla and who signed said statement together with Cayago."
In the case at bar, it is clear that appellant strangulated his wife resulting to her death. This is
supported by appellant's own testimony, his confession to the police and the medical findings
corroborating that she died of asphyxia by strangulation.
In his testimony, appellant claims that he embraced his wife so tight but did not notice
she had stopped breathing due to the tightness of the embrace. If it were true, however, that
his intention of embracing her was to stop her from pushing him, he would have wrapped his
arms around her body including her hands. Yet the medical findings revealed injuries on the
neck which is shown by the presence of fracture on the victim's windpipe and hemorrhage
inside the windpipe.
The examining physician explained his findings on the victim's cadaver which was already in an
advanced state of decomposition at the time it was recovered two (2) days after the killing: