G.R. No. 35122 ; August 12, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. GUENDO NISHISHIMA (alias Guiendo Nisijima), defendant-appellant.

FACTS

The defendant, Guendo Nishishima, a former gardener, was charged with the murder of his wealthy former employer, Gregorio Tolentino. The deceased was found dead in his bed with multiple hack wounds. The prosecution’s case relied heavily on a written confession (Exhibits O and P) obtained from the defendant while he was detained and incomunicado at the secret service headquarters. The defendant repudiated this confession at trial, testifying that it was extracted through threats, specifically the threat of being subjected to an electric current. Other circumstantial evidence included a bolo found near him and wounds on his fingers. His court-appointed counsel, Adolfo A. Scheerer, was the first outsider allowed to speak to him after his arrest, at which time the defendant denied guilt and explained his confession was made under duress.

ISSUE

Whether the trial court erred in admitting the defendant’s extrajudicial confession into evidence and in convicting him based on such evidence.

RULING

Yes. The Supreme Court acquitted the defendant. The Court found the confession was not voluntary and was obtained through intimidation—specifically, the threat of applying an electric current—while the defendant was held incomunicado without access to counsel or friends. The Court held that such an involuntary confession is incompetent as evidence. The circumstantial evidence (the bolo and finger wounds) was insufficient to establish guilt beyond a reasonable doubt without the confession. The conviction was reversed, and the defendant was ordered immediately released.

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