Professional Documents
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Rights Under Custodial Cases
Rights Under Custodial Cases
Rights Under Custodial Cases
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presenting them, his "Miranda rights" (to 23 June 1990. When Alcantara and Dayao
silence and to counsel and to be informed apprehended Bolanos, they found the
thereof, etc.) which, to repeat, are firearm of the deceased on the chair
relevant only in custodial investigations. where Bolanos was allegedly seated.
Indeed, it is self-evident that the They boarded Ramon Bolanos and
employee's statements, whether called Claudio Magtibay on the police vehicle
"position paper," "answer," etc., are and brought them to the police station. In
submitted by him precisely so that they the vehicle where the suspect was riding,
may be admitted and duly considered by "Ramon Bolanos accordingly admitted
the investigating officer or committee, in that he killed the deceased Oscar
negation or mitigation of his liability. Pagdalian because he was abusive," after
he was asked by the police if he killed the
WHEN DOES CUSTODIAL victim. Bolanos was charged for murder
INVESTIGATION BEGIN? before the Regional Trial Court of
● When the investigation ceases to Malolos, Bulacan, Branch 14, under
be a general inquiry but starts to Criminal Case 1831 M-90. The trial court,
focus on a particular person as a even if the alleged oral admission of
suspect. Bolanos was given without the assistance
of counsel when it was made while on
REQUISITES IN ORDER THAT board the police vehicle on their way to
PROCEEDINGS MAY CONSIDERED AS the police station, found Bolanos guilty of
CUSTODIAL INVESTIGATION the crime charged and imposed on him
1. A person is taken into custody OR the penalty of Reclusion Perpetua (life
otherwise deprived of his freedom imprisonment) and to pay the heirs of the
of movement; victim P50,000.00.
2. The one who takes him into The Office of the Solicitor General
custody or deprives him of his thereafter filed a Manifestation (in lieu of
freedom of movement is a law Appellee's Brief), claiming that the lower
enforcement officer; court erred in admitting in evidence the
3. The law enforcement officer starts extra-judicial confession of Bolanos while
to ask questions; and on board the police patrol jeep.
4. The question is specific as to the
offense which is the subject of the HELD: Being already under custodial
investigation investigation while on board the police
patrol jeep on the way to the Police
Station where formal investigation may
PEOPLE v. BOLANOS
have been conducted, Bolanos should
FACTS: The death of the victim, Oscar have been informed of his Constitutional
Pagdalian, was communicated to the rights under Article III, Section 12 of the
Police Station where Patrolmen Rolando 1987 Constitution which explicitly
Alcantara and Francisco Dayao of the provides:
Integrated National Police (INP), Balagtas, 1. Any person under investigation for
Bulacan, are assigned. Patrolmen the commission of an offense shall
Alcantara and Dayao proceeded to the have the right to remain silent and
scene of the crime of Marble Supply, to have competent and
Balagtas, Bulacan and upon arrival they independent preferably of his own
saw the deceased Pagdalian lying on an choice. If the person cannot afford
improvised bed full of blood with stab the service of counsel, he must be
wounds. They then inquired about the provided with one. These rights
circumstances of the incident and were cannot be waived except in writing
informed that the deceased was with 2 and in the presence of counsel.
companions, on the previous night, one of 2. No torture, force, violence, threat,
whom was Ramon Bolanos who had a intimidation, or any other means
drinking spree with the deceased and which vitiate the free will shall be
another companion (Claudio Magtibay) till used against him. Secret detention
the wee hours of the following morning,
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places, solitary, incommunicado, said section does not apply to this
or other similar forms of detention type of proceedings but under the
are prohibited. general principles of the Civil Law ,
3. Any confession or admission Vitiated Consent. So the supreme
obtained in violation of this or the court said in People v. Judge Ayson
preceding section shall be that vitiated consent can not
inadmissible in evidence against produce any evidence
him.
4. The law shall provide for penal and WHAT IS THE REASON WHY SEC. 12
civil sanctions for violation of this GUARANTEES THE RIGHTS OF A
section as well as compensation PERSON UNDER CUSTODIAL
and rehabilitation of victims of INVESTIGATION?
torture or similar practices and ● The objective of the rights under
their families. Sec.12 Art. 3 is to preclude or
Considering the clear prohibit incommunicado
requirements of the Constitution with interrogation of individuals in a
respect to the manner by which police dominated atmosphere
confession can be admissible in evidence, where potentiality for compulsion,
and the glaring fact that the alleged physical or psychological, is
confession obtained while on board the apparent. (People v. Andan)
police vehicle was the only reason for the
conviction, besides Bolanos's conviction
PEOPLE v. ANDAN
was not proved beyond reasonable doubt,
the Court has no recourse but to reverse FACTS: On 19 February 1994 at about 4:00
the subject judgment under review. P.M., in Concepcion Subdivision, Baliuag,
Bulacan, Marianne Guevarra, 20 years of
HOW DID THE SUPREME COURT age and a second-year student at the
ADDRESS THE ISSUE OF HIGH RISK OF Fatima School of Nursing, left her home
USING COMPULSION, MORAL for her school dormitory in Valenzuela,
ASCENDANCY, INFLUENCE BY Metro Manila. She was to prepare for her
EMPLOYERS ON THE EMPLOYEE IN final examinations on 21 February 1994.
ORDER TO EXTRACT CONFESSION. IT IS Marianne wore a striped blouse and faded
TRUE THAT ADMIN PROCEEDINGS ARE denim pants and brought with her two
NOT PROCEEDINGS CONDUCTED BY bags containing her school uniforms,
LAW ENFORCEMENT OFFICERS some personal effects and more than
BECAUSE THE LAWYER IN AN P2,000.00 in cash. Marianne was walking
ADMINISTRATIVE INVESTIGATION IS along the subdivision when Pablito Andan
NOT A LAW ENFORCEMENT OFFICER y Hernandez invited her inside his house.
BUT THE SUPREME COURT He used the pretext that the blood
RECOGNIZED THE LEGALITY THAT pressure of his wife's grandmother should
DURING THE ADMINISTRATIVE be taken. Marianne agreed to take her
INVESTIGATION THE EMPLOYER WILL blood pressure as the old woman was her
OVERBEAR ON THE EMPLOYEE AND distant relative. She did not know that
EMPLOY COERCION, MORAL nobody was inside the house. Andan then
ASCENDANCY IN ORDER TO EXTRACT punched her in the abdomen, brought her
CONFESSION. SO HOW DOES THE to the kitchen and raped her. His lust
LEGALITY ADDRESSED IN THE sated, Andan dragged the unconscious
CONSTITUTION? girl to an old toilet at the back of the
● Any confession or admission house and left her there until dark. Night
during administrative investigation came and Andan pulled Marianne, who
obtained by coercion or moral was still unconscious, to their backyard.
ascendancy or influence may be The yard had a pigpen bordered on one
considered as inadmissible not side by a 6-foot high concrete fence.
because of violation of Sec 12 Art3 On the other side was a vacant lot.
of the constitution because the Andan stood on a bench beside the
pigpen and then lifted and draped the
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girl's body over the fence to transfer it to Reynaldo Dizon, killed Marianne and that
the vacant lot. When the girl moved, he he was merely a lookout. He also said that
hit her head with a piece of concrete he knew where Larin and Dizon hid the
block. He heard her moan and hit her two bags of Marianne. Immediately, the
again on the face. After silence reigned, police took Andan to his house. Larin and
he pulled her body to the other side of the Dizon, who were rounded up earlier, were
fence, dragged it towards a shallow likewise brought there by the police.
portion of the lot and abandoned it. At Andan went to an old toilet at the back of
11:00 a.m. of the following day, the body of the house, leaned over a flower pot and
Marianne was discovered. She was naked retrieved from a canal under the pot, two
from the chest down with her brassiere bags which were later identified as
and T-shirt pulled toward her neck. belonging to Marianne.
Nearby was found a panty with a sanitary Thereafter, photographs were
napkin. taken of Andan and the two other
Marianne's gruesome death drew suspects holding the bags. By this time,
public attention and prompted Mayor people and media representatives were
Cornelio Trinidad of Baliuag to form a already gathered at the police
crack team of police officers to look for headquarters awaiting the results of the
the criminal. Searching the place where investigation. Mayor Trinidad arrived and
Marianne's body was found, the proceeded to the investigation room.
policemen recovered a broken piece of Upon seeing the mayor, Andan
concrete block stained with what approached him and whispered a request
appeared to be blood. They also found a that they talk privately. The mayor led
pair of denim pants and a pair of shoes Andan to the office of the Chief of Police
which were identified as Marianne's. and there, Andan broke down and said
Andan's nearby house was also searched "Mayor, patawarin mo ako! I will tell you
by the police who found bloodstains on the truth. I am the one who killed
the wall of the pigpen in the backyard. Marianne." The mayor opened the door of
They interviewed the occupants of the the room to let the public and media
house and learned from Romano Calma, representatives witness the confession.
the stepbrother of Andan's wife, that The mayor first asked for a lawyer to
Andan also lived there but that he, his assist Andan but since no lawyer was
wife and son left without a word. Calma available he ordered the proceedings
surrendered to the police several articles photographed and videotaped. In the
consisting of pornographic pictures, a presence of the mayor, the police,
pair of wet short pants with some reddish representatives of the media and Andan's
brown stain, a towel also with the stain, own wife and son, Andan confessed his
and a wet T-shirt. The clothes were found guilt. He disclosed how he killed Marianne
in the laundry hamper inside the house and volunteered to show them the place
and allegedly belonged to Andan. The where he hid her bags. He asked for
police tried to locate Andan and learned forgiveness from Larin and Dizon whom
that his parents live in Barangay Tangos, he falsely implicated saying he did it
Baliuag, Bulacan. On February 24 at 11:00 because of ill-feelings against them. He
P.M., a police team led by Mayor Trinidad also said that the devil entered his mind
traced Andan in his parents' house. They because of the pornographic magazines
took him aboard the patrol jeep and and tabloid he read almost everyday. After
brought him to the police headquarters his confession, Andan hugged his wife and
where he was interrogated. Initially, son and asked the mayor to help him.
Andan denied any knowledge of His confession was captured on
Marianne's death. videotape and covered by the media
However, when the police nationwide. Andan was detained at the
confronted him with the concrete block, police headquarters. The next two days,
the victim's clothes and the bloodstains February 26 and 27, more newspaper,
found in the pigpen, Andan relented and radio and television reporters came.
said that his neighbors, Gilbert Larin and Andan was again interviewed and he
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affirmed his confession to the mayor and Andan's uncounselled confession to the
reenacted the crime. Pablito Andan y police. They are tainted evidence, hence
Hernandez alias "Bobby" was charged also inadmissible.
with rape with homicide. On arraignment, On the other hand, however,
however, Andan entered a plea of "not Andan's confession to the mayor was not
guilty." In a decision dated 4 August 1994, made in response to any interrogation by
the trial court convicted the latter. In fact, the mayor did not
Andan and sentenced him to death question Andan at all. No police authority
pursuant to Republic Act 7659. The trial ordered Andan to talk to the mayor. It was
court also ordered Andan to pay the Andan himself who spontaneously, freely
victim's heirs P50,000.00 as death and voluntarily sought the mayor for a
indemnity, P71,000.00 as actual burial private meeting. The mayor did not know
expenses and P100,000.00 as moral that Andan was going to confess his guilt
damages. Hence, the automatic review. to him. When Andan talked with the
mayor as a confidant and not as a law
HELD: Any person under investigation for enforcement officer, his uncounselled
the commission of an offense shall have confession to him did not violate his
the right: constitutional rights. Andan's confessions
1. to remain silent; to the media were properly admitted.
2. to have competent and The confessions were made in
independent counsel preferably of response to questions by news reporters,
his own choice; and not by the police or any other
3. to be informed of such rights. investigating officer. Statements
These rights cannot be waived spontaneously made by a suspect to news
except in writing and in the reporters on a televised interview are
presence of counsel. Any deemed voluntary and are admissible in
confession or admission obtained evidence. The records show that Alex
in violation of this provision is Marcelino, a television reporter for "Eye
inadmissible in evidence against to Eye" on Channel 7, interviewed Andan
him. on 27 February 1994.
The exclusionary rule is premised The interview was recorded on
on the presumption that the defendant is video and showed that Andan made his
thrust into an unfamiliar atmosphere and confession willingly, openly and publicly
runs through menacing police in the presence of his wife, child and
interrogation procedures where the other relatives. Orlan Mauricio, a reporter
potentiality for compulsion, physical and for "Tell the People" on Channel 9 also
psychological, is forcefully apparent. The interviewed appellant on 25 February
incommunicado character of custodial 1994. Andan's confessions to the news
interrogation or investigation also reporters were given free from any undue
obscures a later judicial determination of influence from the police authorities. The
what really transpired. When the police news reporters acted as news reporters
arrested Andan, they were no longer when they interviewed Andan.
engaged in a general inquiry about the They were not acting under the
death of Marianne. Indeed, Andan was direction and control of the police. They
already a prime suspect even before the were there to check Andan's confession
police found him at his parents' house. to the mayor. They did not force Andan to
Andan was already under custodial grant them an interview and reenact the
investigation when he confessed to the commission of the crime. In fact, they
police. It is admitted that the police failed asked his permission before interviewing
to inform appellant of his constitutional him. They interviewed him on separate
rights when he was investigated and days not once did Andan protest his
interrogated. His confession is therefore innocence. Instead, he repeatedly
inadmissible in evidence. So too were the confessed his guilt to them. He even
two bags recovered from Andan's house. supplied all the details in the commission
The victim's bags were the fruits of of the crime, and consented to its
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reenactment. All his confessions to the incumbent upon the
news reporters were witnessed by his prosecution to show that all
family and other relatives. There was no the rights of a person under
coercive atmosphere in the interview of custodial investigation have
Andan by the news reporters. Thus, been afforded. In the failure
Andan's verbal confessions to the of the prosecution to show
newsmen are not covered by Section 12 (1) that all the constitutional
and (3) of Article III of the Constitution. rights of the accused were
The Bill of Rights does not concern itself afforded, the judge can
with the relation between a private suppress the evidence.
individual and another individual. It Even on appeal, the justices
governs the relationship between the of the CA or SC may declare
individual and the State. The prohibitions the evidence presented by
therein are primarily addressed to the the prosecution relative to
State and its agents. They confirm that the custodial investigation
certain rights of the individual exist inadmissible in evidence if
without need of any governmental grant, the prosecution failed to
rights that may not be taken away by show that it were validly
government, rights that government has obtained or the rights of a
the duty to protect. Governmental power person under custodial
is not unlimited and the Bill of Rights lays investigation have been
down these limitations to protect the afforded. (People v. Pinlac)
individual against aggression and
unwarranted interference by any CAN THE ACCUSED WAIVE HIS RIGHTS
department of government and its UNDER SEC. 12?
agencies. ● Not all. Only the right to remain
silent and to have counsel can be
waived but such waiver must be in
Spontaneous statements made under
writing and in the presence of a
ordinary circumstances, voluntarily, are
counsel. Other rights are
not part of custodial investigation
mandatory.
particularly so when the confession is
not elicited through questioning.
CUSTODIAL INVESTIGATION (CI) MUST
BE IN WRITING, THE EXTRAJUDICIAL
WHAT ARE THE RIGHTS OF A PERSON CONFESSION OR ADMISSION
UNDER CUSTODIAL INVESTIGATION? OBTAINED FROM CI MUST BE IN
1. Continuing right to remain silent WRITING AND SIGNED BY THE PERSON
and to have counsel preferably of SUBJECTED TO CI AND ASSISTED BY A
his own choice; COUNSEL. IF THE PERSON WAIVED HIS
2. Right to be informed of those RIGHT TO COUNSEL BEFORE WHOM
rights; SHOULD HE SIGN HIS EXTRAJUDICIAL
3. Right not to be subjected to CONFESSION?
torture, force, violence, threat, ● Any of the parents, brothers and
intimidation or other means which sisters, spouse, municipal mayor,
vitiate his free will or illegal forms municipal judge, school district
of detention; and supervisor, the priest or minister
4. Right to have evidence obtained in trusted and chosen by him.
violation of his rights be excluded ● LAWYERS DISQUALIFIED TO ACT
in evidence (People v. Judge AS ASSISTING COUNSEL DURING
Ayson) CI and ADMINISTRATIVE
● Note that even the defense INVESTIGATION
does not object to the
admission of evidence, the
court, on its own, may
render it inadmissible. It is
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UNDER THE LAW WHO MAY BE he must also explain their effects in
APPOINTED AS ASSISTING COUNSEL? practical terms. The right of a person
● Any lawyer except those who are under interrogation "to be informed"
interested in the outcome of the implies a correlative obligation on the
case. For example if the part of the police investigator to explain,
complainant is a lawyer he cannot and contemplates an effective
be appointed as an assisting communication that results in
counsel during the investigation understanding what is being conveyed.
Short of this, there is a denial of the right,
MAY A PUBLIC PROSECUTOR BE as it cannot truly be said that the person
APPOINTED AS AN ASSISTING has been "informed" of his rights.
COUNSEL? Furthermore, the accused was not
● No. because he is a lawyer who is assisted by counsel and his alleged waiver
charge with the obligation of the was made without the assistance of
conduct of preliminary counsel. The record of the case is also
investigation and prosecution of replete with evidence which was not
offenses satisfactorily rebutted by the prosecution,
that the accused was maltreated and
tortured for seven (7) solid hours before
PEOPLE v. PINLAC
he signed the prepared extra-judicial
FACTS: Accused Ronilo Pinlac y Libao was confession.
charged in two (2) separate information.
The trial court found the accused guilty. WHO MAY CONDUCT CUSTODIAL
Hence the automatic review. According to INVESTIGATION?
Pinlac, at about 2:00 P.M., April 9, 1986, ● Only law enforcement officers
three (3) Policemen, came to his house in
Taguig and arrested the accused for WHO IS A LAW ENFORCEMENT
robbing Mr. Sato and for killing Mr. OFFICER?
Osamu, without any Warrant of Arrest ● One who is charged with the duty
shown to him despite his demand. Before to arrest criminals and the duty to
he was brought first to the houses of Mr. investigate violations of criminal
Sato and Mr. Osamu, they walked him laws
around and showed him the destroyed ● PNP, NBI, agents of the Bureau of
window; and thereafter brought him Immigation (Ho Wai Pang v.
inside the house. People), mayors (People v. Andan)
In short, he was ordered to are included
reenact according to what the police UNDER THE CONSTITUTION ANY
theorized how the crime was committed. CONFESSION OR ADMISSION
It was at this moment that the prints of OBTAINED DURING CUSTODIAL
the sole of accused's shoes were all over INVESTIGATION IT IS REQUIRED THAT
the premises of Osamu and Sato's houses. THE RIGHTS OF A PERSON UNDER
That during the investigation at the Police CUSTODIAL INVESTIGATION HAVE
Headquarters, he was tortured and forced BEEN COMPLIED WITH BUT UNDER
to admit the crimes charged. RA7438 THERE ARE ADDITIONAL
REQUIREMENTS FOR THE
HELD: The right must be presumed to INADMISSIBILITY OF EXTRAJUDICIAL
contemplate the transmission of CONFESSION OR ADMISSIONS DURING
meaningful information rather than just CUSTODIAL INVESTIGATION. WOULD
the ceremonial and perfunctory recitation IT NOT BE AN UNCONSTITUTIONAL
of an abstract constitutional principle. LAW BECAUSE IT EXPANDS THE
As a rule, therefore, it would not COVERAGE OF SECTION 12 ARTICLE 3?
be sufficient for a police officer just to ● It is not unconstitutional because
repeat to the person under investigation it is favorable to the accused
the provisions of the Constitution. He is
not only duty-bound to tell the person
the rights to which the latter is entitled;
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SO THE IMPOSITION OF ADDITIONAL and control of a law enforcement
IMPOSITIONS DOES NOT VIOLATE THE officer.
CONSTITUTION. WHAT ARE THE
ADDITIONAL CONDITIONS UNDER HOW ABOUT AUDITORS OF THE
RA7438 FOR THE ADMISSIBILITY OF COMMISSION ON AUDIT ARE THEY
CONFESSIONS OBTAINED DURING LAW ENFORCEMENT OFFICERS?
CUSTODIAL INVESTIGATION. BECAUSE ● No. The function of the COA
UNDER THE CONSTITUTION ANY auditors is to determine the
CONFESSIONS OBTAINED UNDER proper use of public funds.
CUSTODIAL INVESTIGATION ARE Although incidentally they may
ADMISSIBLE AS LONG AS THE find violations of laws but the main
ACCUSED IS INFORMED OF HIS RIGHT objective of COA auditors is to
TO REMAIN SILENT AND TO HAVE determine proper use of funds.
COUNSEL, HE IS NOT SUBJECTED TO (Navallo v. Sandiganbayan)
TORTURE OR VIOLENCE OR
INTIMIDATION, AND ANY VIOLATION
NAVALLO v. SANDIGANBAYAN
OBTAINED IN VIOLATION OF THESE
RIGHT ARE INADMISSIBLE AS FACTS: Petitioner is the collecting and
EVIDENCE. BUT UNDER THE LAW disbursing officer of Numancia National
THOSE ARE NOT ENOUGH FOR THE Vocational School found to have
ADMISSIBILITY OF CONFESSIONS misappropriated public funds for private
OBTAINED UNDER CUSTODIAL benefit after a COA audit. He failed to
INVESTIGATION BECAUSE THE LAW restitute the amount despite COA
PROVIDES IF ANY OF THE REQUISITES demands. A warrant of arrest was issued
UNDER THE LAW ARE NOT COMPLIED but petitioner pleaded not guilty and
WITH EVEN IF THE RIGHTS UNDER invokes his right to custodial investigation
THE CONSTITUTION WERE FOLLOWED, since during the COA audit and actual
THE CONFESSION OR ADMISSION cash count he was made to sign the
REMAIN INADMISSIBLE AS EVIDENCE. certification on the fund shortage in the
DOES THE LAW REQUIRE THAT THE absence of counsel. He further contends
INVESTIGATION REPORT SHOULD BE that the shortage of funds was due to the
IN WRITING assurance of certain Macasemo to settle
● Yes his unliquidated cash advance and his
failure to do so resulted in the fund
MAY A PRIVATE INDIVIDUAL BE shortage.
CONSIDERED AS A LAW ENFORCEMENT
OFFICER? HELD: The right to counsel could not be
● Yes. In People v. Andan, remember invoked during the COA audit since the
that media covered the confession. procedure is not within the ambit of
Even after that confession the “custodial investigation.” A person may be
reporters continued to interview subject to malversation of funds even in
the accused, and the accused the absence of direct proof of
consistently admitted his guilt. misappropriation as long as there is
The SC said that the reporters are evidence of fund shortage which the
not law enforcement officers petitioner failed to explain with
because they do not have a duty to convincing justification.
investigate and order the
detention. More importantly, the ARE POLICE LINE-UP PROCEDURES
SC said that there is no indication PART OF THE CUSTODIAL
they have acted under the control INVESTIGATION?
or supervision of a law ● Uncounselled identification is not
enforcement officer. It implies that yet part of the custodial
even a private person can be a law investigation. This is still a general
enforcement officer if that private inquiry. The process has not yet
person acted under the direction turned into accusatory. More
importantly, the police officers did
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not ask anything from the accused. respondent/accused. At such point or
Who was interviewed there was stage, the person being interrogated must
the victim. (Gamboa v. Cruz) be assisted by counsel to avoid the
● When the police officers pernicious practice of extorting false or
interrogated the accused in the coerced admissions or confessions from
factory, any identification the lips of the person undergoing
following the start of the custodial interrogation, for the commission of an
investigation becomes part of offense.
custodial investigation. (People v. The Court has consistently held
Macam) that no custodial investigation shall be
conducted unless it be in the presence of
counsel, engaged by the person arrested,
GAMBOA v. CRUZ
or by any person on his behalf, or
FACTS: On July 19, 1979, he was arrested appointed by the court upon petition
for vagrancy, without a warrant of arrest, either of the detainee himself or by
by Patrolman Arturo Palencia. Thereafter, anyone on his behalf, and that, while the
petitioner was brought to Precinct 2, right may be waived, the waiver shall not
Manila, where he was booked for be valid unless made in writing and in the
vagrancy and then detained therein presence of counsel.
together with several others.The following As aptly observed, however, by the
day, July 20,1979, during the lineup of five Solicitor General, the police line-up was
(5) detainees, including petitioner, not part of the custodial inquest, hence,
complainant Erlinda B. Bernal pointed to petitioner was not yet entitled, at such a
petitioner and said, "that one is a stage, to counsel. When the process had
companion." not yet shifted from the investigatory to
After the identification, the other accusatory as when police investigation
detainees were brought back to their cell does not elicit a confession the accused
but petitioner was ordered to stay on. may not yet avail of the services of his
While the complainant was being lawyer. Since petitioner in the course of
interrogated by the police investigator, his identification in the police lineup had
petitioner was told to sit down in front of not yet been held to answer for a criminal
her. offense, he was, therefore, not deprived of
On July 23, 1979, an information for his right to be assisted by counsel
robbery was filed against the petitioner. because the accusatory process had not
On August 22, 1979, petitioner was yet set in. The police could not have
arraigned. Thereafter, hearings were held. violated petitioner's right to counsel and
On April 2, 1980, the prosecution formally due process as the confrontation between
offered its evidence and then rested its the State and him had not begun.
case.
On July 14, 1980, petitioner, by
PEOPLE v. MACAM
counsel, instead of presenting his
defense, manifested in open court that he FACTS: The accused –appellant was
was filing a Motion to Acquit or Demurrer charged with the crime of robbery with
to Evidence. On August 13, 1980, homicide. Accused and his brother was
petitioner filed said Motion predicated on suddenly apprehended by the security
the ground that the conduct of the guards and brought to the police
line-up, without notice to, and in the headquarters in Quezon City. They were
absence of his counsel violated his also forced to admit certain things, after
constitutional rights to counsel and to which, he together with all the accused
due process. were in handcuffs bore contusions caused
by blows indicted on their faces during
HELD: The right to counsel attaches upon custodial investigation. Thereafter, they
the start of an investigation, i.e. when the were brought to the hospital before each
investigating officer starts to ask surviving victims and made to line-up for
questions to elicit information and/or identification.
confessions or admissions from the
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HELD: It is appropriate to extend the advised her to call the Narcotics
counsel guarantee to critical stages of Command (NARCOM) and the police. She
prosecution even before the trial. The law guided the tourists to the Intensive
enforcement machinery at present Counting Unit (ICU) while bringing with
involves critical confrontations of the her the 4 boxes earlier discovered.
accused by the prosecution at pre-trial At the ICU, Cinco checked Pang's
proceedings "where the result might well bag and only found personal effects, but
settle the accused's fate and reduce the recalled that 2 of the chocolate boes
trial itself to a mere formality." A police discovered earlier at the express lane
lineup is considered a "critical" stage of belonged to him. Cinco called the other
the proceedings. After the start of the tourists and examined their bags and
custodial investigation, any identification found a total of 18 chocolate boxes.
of an uncounselled accused made in a NARCOM Agent de Castro
police line-up is inadmissible. corroborated the testimony of Cinco. He
conducted a test on the white crystalline
WHAT IS THE EFFECT OF THE substance using the Mandelline Re-Agent
VIOLATION OF THE RIGHTS OF A Test. The substance was found positive
PERSON UNDER CUSTODIAL for methamphetamine hydrochloride
INVESTIGATION? STATED (shabu). The chocolate boxes were
DIFFERENTLY, IF THE RIGHTS OF A bundled together with tape, placed inside
PERSON UNDER CUSTODIAL a plastic bag and brought to the Inbond
INVESTIGATION WERE VIOLATED IS HE Section.
ENTITLED TO AN ACQUITTAL? The 13 tourists were brought to
BECAUSE IF HIS RIGHTS WERE NBI for further questioning. The
VIOLATED THEN THE EXTRAJUDICIAL confiscated substance were turned over
CONFESSION SHALL BE IN to the Forensic Chemist who weighed and
INADMISSIBLE IN EVIDENCE. IS HE examined them, and found them positive
AUTOMATICALLY ENTITLED TO AN as shabu. Out of the 13 tourists, the NBI
ACQUITTAL? found evidence for violation of RA 6425
● No. The accused may still be only against petitioner Pang and his 5
convicted if there is an co-accused.
independent evidence which is Six separate information were
sufficient to establish the guilt of filed. Petitioner Pang filed a Motion for
the accused beyond reasonable Reinvestigation, which was granted by the
doubt. (Ho Wai Pang v. People) trial court. The reinvestigation gave way
to a finding of conspiracy among the
accused and this resulted to the filing of a
HO WAI PANG v. PEOPLE
single Amended Information. They plead
FACTS: 13 Hongkong nationals came to guilty, and invoked denial as their
the Philippines via UAE Flight which defense. They claimed to have no
arrived at NAIA. The group leader, Sonny knowledge about the transportation of
Wong, presented a Baggage Declaration illegal substance taken from their
Form to Customs Examiner Cinco. In the traveling bags which are provided by the
first bag, she saw few personal belongings travel agency.
such as used clothing, shoes and RTC found them guilty. All the
chocolate boxes which she pressed. In the accused appealed to the SC, but later on,
second bag, Cinco noticed chocolate all accused except for petitioner Pang
boxes which were almost of the same size withdrew their appeal. SC granted the
as those in the first bag. Becoming withdrawal. Petitioner Pang's appeal was
suspicious, she took out 4 of the referred to the CA for proper disposition
chocolate boxes and opened one of them. and determination.
She saw a white crystalline substance CA denied the appeal, and affirmed
inside contained in a white transparent the RTC decision. While conceding that
plastic. She called the attention of her petitioner’s constitutional right to
immediate superiors Duty Collector Alalo counsel during the custodial investigation
and Customs Appraiser Sancho, who
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was indeed violated, it nevertheless went confession or admission. Cinco's
on to hold that there were other evidence testimony was found to be direct, positive
sufficient to warrant his conviction. The and credible by the trial court; it need not
CA also rebuked petitioner’s claim that he be corroborated. She witnesses the entire
was deprived of his constitutional and incident and provided direct evidence as
statutory right to confront the witnesses an eyewitness to the very act of the
against him. The CA gave credence to the commission of the crime.
testimonies of the prosecution witnesses Petitioner did not register any
and quoted with favor the trial court’s objection to the presentation of the
ratiocination regarding the existence of prosecution's evidence, particularly on
conspiracy among the accused. the testimony of Cinco despite the
absence of an interpreter. It has not been
HELD: Constitutional right was violated, shown that the lack of an interpreter
but substance discovered during greatly prejudiced him. Petitioner,
inspection at NAIA still admissible as through counsel, was able to fully
evidence. cross-examine Cinco and the other
Petitioner Pang was subjected to witnesses and test their credibility. The
all the rituals of a custodial questioning by right to confrontation is essentially a
the custom guarantee that a defendant may
authorities and the NBI in violation of his cross-examine the witnesses of the
constitutional right. However, the prosecution. Petitioner's constitutional
Constitution only prohibits as evidence right to confront witnesses against him
confessions and admissions of the was not impaired.
accused as against himself.
Infractions of the so-called IN THE CASE OF HO WAI PANG v.
Miranda rights render inadmissible ‘only PEOPLE, ARE THE RIGHTS OF THE
the extrajudicial confession or admission ACCUSED VIOLATED?
made during custodial investigation.’ The ● Yes. They were not afforded their
admissibility of other evidence, provided right to be informed. According to
they are relevant to the issue and are not the SC in People v. Pinlac when
otherwise excluded by law or rules, are the Constitution guarantees that a
not affected even if obtained or taken in person under custodial
the course of custodial investigation. investigation should be informed it
Petitioner Pang did not make any presumes to contemplate a
confession or admission during his transmission of meaningful
custodial investigation. The prosecution information rather than just the
did not present any extrajudicial ceremonial and perfunctory
confession extracted from his as evidence recitation of an abstract
of his guilt. No statement was taken from constitutional principles. Mere
him during his detention and reading of Sec. 12 is not enough.
subsequently used in evidence against The right to be informed carries
him. The determination of his guilt was with it the correlative obligation
based on the testimonies of the on the part of the law enforcement
prosecution witnesses and on the officers to explain Sec. 12.
existence of the confiscated shabu.
Any allegation of violation of rights
ATTY GAB: In the case of Ho Wai Pang
during custodial investigation is relevant
v. People, the SC cited the case of
and material only to cases in which an
People v. Wong Cheun Ming, this
extrajudicial admission or confession
involves importation of drugs. In this
extracted from the accused becomes the
case, the accused, a Chinese, were
basis of their conviction.
carrying identical baggages with
Petitioner's conviction was on the
identical contents of Alpen Cereals
strength of his having been caught in
boxes. What the Immigration officers
flagrante delicto transporting shabu into
did was to conduct an inventory and
the country and not on the basis of any
required the accused to sign each box.
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arrest is issued for the apprehension of
The SC said that the only basis of the
the accused for the reason that he is
accused’s conviction is the signature on
already under police custody before the
the boxes. Since they were not
filing of the complaint."
accorded their right to custodial
Contrary to the defense
investigation, the signatures are
contention, the oral confession made by
inadmissible in evidence because they
the accused to Pat. Padilla that he had
are part of custodial investigation. In
shot a tourist and that the gun he had
custodial investigation confession is not
used in shooting the victim was in his bar
only limited to verbal admission but
which he wanted surrendered to the
includes signing the inventory, and
Chief of Police is competent evidence
reenactment (People v. Pinlac)
against him. The declaration of an
accused acknowledging his guilt of the
CONFESSION IN CUSTODIAL offense charged may be given in evidence
INVESTIGATION INCLUDES? against him (See. 29, Rule 130, Rules of
1. Verbal communications; Court).
2. Acts; and It may in a sense be also regarded
3. Signature as part of the res gestae. The rule is that,
any person, otherwise competent as a
PEOPLE v. DY witness, who heard the confession, is
competent to testify as to the substance
FACTS: Felled by a gunshot wound on the of what he heard if he heard and
neck, which caused his death understood all of it. An oral confession
approximately, was Christian Langel y need not be repeated verbatim, but in
Philippe, a Swiss tourist who was such a case it must be given in substance.
vacationing on Boracay Island together What was told by the Accused to Pat,
with his sister and some friends. A police Padilla was a spontaneous statement not
report was entered in the police blotter of elicited through questioning, but given an
the Malay Police Sub-station, Malay, ordinary manner. No written confession
Aklan. Suspect Benny Dy voluntarily was sought to be presented in evidence as
surrendered to the sub-station a result of formal custodial investigation.
commander with his caliber 38.
Acting on the report, Chief of IN PEOPLE v. DY, IT WAS RAISED
Police Tambong prepared a Complaint WHETHER THE CONFESSION OF THE
charging the Accused, Benny Dy, the ACCUSED ADMISSIBLE IN EVIDENCE
owner of "Benny's Bar" situated on the OF IS ALREADY PART OF CUSTODIAL
Island, with the crime of Murder With the INVESTIGATION
Use of Unlicensed firearms. After trial, the ● The SC said that the confession is
lower Court find the accused guilty of the admissible in evidence because the
crime of Murder. Hence, this appeal. statement of the accused is part of
the res gestae. In that regard, the
HELD: The case history and the statement of the police officer
documentary evidence attest strongly to saying that the accused told him
Appellant's oral confession and voluntary that he shot a tourist and the gun
surrender. The sworn Complaint for is still in the restaurant is
"Murder with Use of Unlicensed Firearm" admissible in evidence and an
signed by the Chief of Police also attests exception to the hearsay rule.
to Appellant's oral confession. That
Complaint forms part of the record of the DIFFERENCE BETWEEN PART OF THE
proceedings before the Municipal Circuit RES GESTAE AND INDEPENDENTLY
Trial Court of Buruanga, Aklan, and is RELEVANT STATEMENT
prima facie evidence of the facts therein ● In independently relevant
stated. The fact of Appellant's surrender is statement, the admissibility is only
further borne out by the Order of the limited to establish the existence
Municipal Circuit Trial Court Judge, of the statement, while part of the
categorically reciting that "no warrant of
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res gestae admits the truthfulness hearsay rule the testimony of the
of the statement police on duty can not be offered
● Res gestae literally means things in evidence
done.
IN HO WAI PANG v. PEOPLE, THE SC
IN THE CASE OF PEOPLE v. DY AND SAID THAT VIOLATION OF THE RIGHT
PEOPLE v. ANDAN THE SC ADMITTED OF THE ACCUSED UNDER CUSTODIAL
IN EVIDENCE THE UNCOUNSELLED INVESTIGATION ONLY EXCLUDES
CONFESSION OF THE ACCUSED TO THE CONFESSION OBTAINED DURING THE
MAYOR IN ANDAN WHO IS ALSO A LAW CUSTODIAL INVESTIGATION. IN
ENFORCEMENT OFFICER, AND TO THE ESSENCE, THE SC SAID ONLY THE
POLICE OFFICER ON DUTY IN THE CONFESSION IS INADMISSIBLE IN
CASE OF PEOPLE v. DY. SO WHY DID EVIDENCE. SUPPOSING A PASSENGER
THE SC ADMIT THESE IN EVIDENCE? ARRIVES IN THE PH, WAS
● The accused admitted or made INTERVIEWED BY THE BUREAU OF
those confession spontaneously IMMIGRATION AGENT AND WAS ASKED
and voluntarily not solicited IF HE WAS CARRYING ILLEGAL DRUGS.
through questioning, without any THE PASSENGER SAID YES. BECAUSE
influence of the police or of the OF THAT CONFESSION THE AGENT
investigating officer. In the case SEARCHED HIS OUTER CLOTHING AND
where the accused admitted to the FOUND ILLEGAL DRUGS IN HIS
mayor, he admitted it when he is in POCKET. CAN WE SAY THAT ONLY THE
a private room or office of the CONFESSION IS INADMISSIBLE BUT
police chief. He was not forced and THE DRUGS OBTAINED IS ADMISSIBLE?
the mayor did not ask if he was ● No. Both the confession and the
involved in the crime. In People v. evidence obtained based on the
Andan the sc said the rights of Sec. confession are inadmissible in
12 Art. 3 are guaranteed to evidence. (People v. Alicando)
preclude the slightest use of
coercion of the state as to result in
PEOPLE v. ALICANDO
him admitting something is false
but not to prevent him from freely FACTS: The appellant Arnel Alicando was
and voluntarily telling the truth. charged with the crime of rape with
● In People v. Dy, the inadmissibility homicide against the person of a minor
of evidence passed the form test. Khazie Mae Penecilla (four years old).
The first form is the determination Alicando was arrested and interrogated
whether the confession is part of by PO3 Danilo Tan. He verbally confessed
the investigation. The SC said that his guilt without the assistance of
it is not part of the CI because no counsel. On the basis of his un-counselled
questioning was elicited from the verbal confession and follow up
accused so it is a voluntary interrogations, the police came to know
spontaneous act it is not part of and recovered from appellant's house,
the CI. The second form is in order Khazie Mae's green slippers, a pair of gold
to hurdle the rule against hearsay. earrings, a buri mat, a stained pillow and a
Of course the accused admit his stained T-shirt all of which were
guilt but the mayor or police presented as evidence for the
officer did not know the truth of prosecution.
his confession so therefore under The appellant was arraigned and
the hearsay rule they are pleaded guilty. The trial court found
disqualified even though dy appellant guilty and sentenced him to
admitted he killed a tourist the death. The case is on automatic review
Police officer on duty was not considering the death penalty imposed by
there, he does not know, he has no the trial court.
personal knowledge of the facts of
the incident. Generally under the HELD: Some prosecution evidence,
offered independently of the plea of guilt
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of the appellant, were inadmissible, yet, WHAT EXTENT MAY THE
were considered by the trial court in INADMISSIBILITY BE APPLIED?
convicting the appellant. It is now familiar ● Confession and all derivative
learning that the Constitution has evidence. Any evidence obtained in
stigmatized as inadmissible evidence violation of Sec. 12 of Art. 3,
uncounselled confession or admission as however far removed from the
provided under Section 12 paragraphs (1) primary source is excluded in
and (3) of Article III of the Constitution. It evidence. This is the application of
is not only the uncounselled confession the fruit of the poisonous tree
that is condemned as inadmissible, but doctrine.
also evidence derived therefrom. The
pillow and the T-shirt with the alleged WHAT IS THIS ALL ABOUT?
bloodstains were evidence derived from ● Anything that is obtained from an
the uncounselled confession illegally illegal source is also inadmissible
extracted by the police from the in evidence. The supreme court in
appellant. the case of People vs. Alicando
The Court have not only cited Justice Frankfurter in the
constitutionalized the Miranda warnings case of US vs Cardone, not only
in our jurisdiction. They have also the admission or confession
adopted the libertarian exclusionary rule obtained in violation of the
known as the "fruit of the poisonous tree". constitution be considered as null
According to this rule, once the and void and inadmissible in
primary source (the "tree") is shown to evidence but all derivative
have been unlawfully obtained, any evidence however far removed
secondary or derivative evidence (the from the primary source. The fruit
"fruit") derived from it is also of the poisonous tree does not
inadmissible. The rule is based on the only deal with the fruit because
principle that evidence illegally obtained when we say fruit, fruit is a
by the State should not be used to gain derivative evidence once removed
other evidence because the originally from a primary source because the
illegally obtained evidence taints all primary source, the confession or
evidence subsequently obtained. admission is the tree and the fruit
The burden to prove that an which is the secondary evidence is
accused waived his right to remain silent once removed from the primary
and the right to counsel before making a source but the fruit of the
confession under custodial interrogation poisonous tree extends to all
rests with the prosecution. It is also the evidence however removed from
burden of the prosecution to show that the primary source. Which means
the evidence derived from confession is that if the confession or admission
not tainted as "fruit of the poisonous of the accused resulted in the
tree." The burden has to be discharged by discovery of a secondary evidence,
clear and convincing evidence. Indeed, that secondary evidence is
par. 1 of Section 12 of Article III of the inadmissible in evidence. If the
Constitution provides only one mode of discovery of the secondary
waiver — the waiver must be in writing evidence leads to another
and in the presence of counsel. In the derivative evidence that derivative
case at bar, the records show that the evidence is still considered
prosecution utterly failed to discharge inadmissible in evidence.
this burden.
UNDER REPUBLIC ACT 7438 WHAT IS
IN PEOPLE v. ALICANDO, THE ACCUSED INCLUDED IN THE CUSTODIAL
CONFESSED AND THE POLICE INVESTIGATION?
OFFICERS WERE ABLE TO OBTAIN ● It includes the practice of issuing
SOME EVIDENCE BECAUSE OF THE invitation to a person who is
CONFESSION. THE QUESTION IS UP TO investigated in connection with an
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offense on which is a suspect, of be in writing and signed by such
which is suspected that committed person in the presence of his
the crime it is the liability the counsel or in the latter's absence,
inviting officer. upon a valid waiver, and in the
● This is intended to address the presence of any of the parents,
concern of individuals who were elder brothers and sisters, his
invited by the police officers. spouse, the municipal mayor, the
municipal judge, district school
REPUBLIC ACT 7438 supervisor, or priest or minister of
RIGHTS OF PERSONS ARRESTED, the gospel as chosen by him;
DETAINED OR UNDER CUSTODIAL otherwise, such extrajudicial
INVESTIGATION; DUTIES OF PUBLIC confession shall be inadmissible as
OFFICERS: evidence in any proceeding.
1. Any person arrested detained or 5. Any waiver by a person arrested or
under custodial investigation shall detained under the provisions of
at all times be assisted by counsel Article 125 of the Revised Penal
2. Any public officer or employee, or Code, or under custodial
anyone acting under his order or investigation, shall be in writing
his place, who arrests, detains or and signed by such person in the
investigates any person for the presence of his counsel; otherwise
commission of an offense shall the waiver shall be null and void
inform the latter, in a language and of no effect
known to and understood by him, 6. Any person arrested or detained or
of his rights to remain silent and to under custodial investigation shall
have competent and independent be allowed visits by or conferences
counsel preferably of his own with any member of his immediate
choice, who shall at all times be family, or any medical doctor or
allowed to confer privately with priest or religious minister chosen
the person arrested, detained or by him or by any member of his
under custodial investigation. If immediate family or by his
such person cannot afford the counsel, or by any national
services of his own counsel, he non-governmental organization
must be provided with a duly accredited by the
competent and independent Commission on Human Rights of
counsel by the investigating by any international
officer. non-governmental organization
3. The custodial investigation report duly accredited by the Office of
shall be reduced to writing by the the President. The person's
investigating officer, provided that "immediate family" shall include
before such report is signed, or his or her spouse, fiancé or
thumb marked if the person fiancée, parent or child, brother or
arrested or detained does not sister, grandparent or grandchild,
know how to read and write, it uncle or aunt, nephew or niece,
shall be read and adequately and guardian or ward.
explained to him by his counsel or 7. In the absence of any lawyer, no
by the assisting counsel provided custodial investigation shall be
by the investigating officer in the conducted and the suspected
language or dialect known to such person can only be detained by the
arrested or detained person, investigating officer in accordance
otherwise, such investigation with the provisions of Article 125 of
report shall be null and void and of the Revised Penal Code.
no effect whatsoever.
4. Any extrajudicial confession made
by a person arrested, detained or
under custodial investigation shall
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