People v Albofera

Facts:

Sometime in June or July 1980, accused Albofera and 3 others killed Teodoro Carancio a forester. Rodrigo Esma was at the house of one of the accused but did not participate in the killing. The matter was later brought to the attention of the authorities by a certain Sisneros and accused Albofera was arrested. The accused Lawi-an was subsequently arrested. Albofera executed an extra-judicial confession before the Municipal Circuit Judge. He stated therein that he was forced to join the NPA movement for fear of his life; that said group had ordered the “arrest” of the victim, Carancio, and that the group “sentenced him (the victim) to die by stabbing.”

Esma testified against the accused during the trial. While in prison, accused Albofera sent a letter to Esma. Said letter was thereafter introduced as evidence by prosecution. In his letter, accused Albofera was asking Esma to change his declaration in his Affidavit and testify in his favor instead. Later the accused were convicted of murder.

Issue: Whether the Albofera’s letter to Esma should be excluded as evidence in light of alleged unwarranted intrusion or invasion of the accused privacy.

Held: No, the production of that letter by the prosecution was not the result of an unlawful search and seizure nor was it through unwarranted intrusion or invasion into Albofera’s privacy. Albofera admitted having sent the letter and it was its recipient, Rodrigo Esma himself, who produced and identified the same in the course of his testimony in Court. Besides, there is nothing really self-incriminatory in the letter. Albofera mainly pleaded that Esma change his declaration in his Affidavit and testify in his (Albofera’s) favor. Furthermore, nothing Alboferas tated in his letter is being taken against him in arriving at a determination of his culpability.