00 Compiled Crimpro Digests (Arrest Part II)

1

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  PEOPLE VS. PASUDAG May 30, 2001 Pardo, J. Facts: Alberto Pasudag was charged with violation of RA 6425, Sec. 9 and was found by the RTC guilty beyond reasonable doubt of illegal cultivation of marijuana.

Here’s what happened: -SPO2 Calip went to conduct anti-jueteng operations. He urinated at a bushy bamboo fence behind the public school and saw a garden with marijuana plants in between corn plants and camote tops. He found out from a nearby storeowner that the garden was ow ned by the accused. -SPO2 Calip reported this the Chief of Police who dispatched a team to conduct an investigation. This team went to the house of the accused and asked him to bring them to the garden. -Upon seeing the marijuana plants, the policemen asked a photographer to take pictures of the accused with the plants. They uprooted 7 marijuana plants and brought the accused and the said plants to the police station. -  At the police station, the accused admitted that he owned the marijuana plants. He did this in front of the Chief of Police. SPO3 Fajarito, a member of the investigation team, prepared a confiscation report  which the accused signed. He then brought one of the uprooted plants to the laboratory for examination. The forensic chemist found the leaves positive for marijuana. -Accused was found guilty. -Accused-appellant contended that the trial court erred in finding that the marijuana plant submitted for laboratory examination was one of the seven (7) marijuana plants confiscated from his garden; that the trial court erred in concluding that the confiscation report was not an extrajudicial admission which required the intervention of his counsel; counsel ; and in convicting him on the basis of inference that he planted, cultivated and cultured the seven (7) plants, owned the same or that he permitted others to cultivate the same ISSUES and HELD: 1. WON the marijuana plant may be admitted as evidence. –No. 2. WON the confiscation report was an extrajudicial confession which required the intervention of counsel. – Yes. RATIO: 1. -The procurement of a search warrant is required before a law enforcer may validly search or seize the person, house, papers or effects of any individual. 22 The Constitution provides that "the right of the people to be secure in their persons, houses, papers and

effects against unreasonable searches and seizures of  whatever nature and for any purpose shall be inviolable, x x x." 23 Any evidence obtained in violation of this provision is inadmissible.24 -The police authorities had ample opportunity to secure from the court a search warrant. SPO2 Pepito Calip inquired as to who owned the house. 25 He was acquainted with marijuana plants and immediately recognized that some plants in the backyard of the house were marijuana plants. 26 Time was not of the essence to uproot and confiscate the plants. They were three months old 27 and there was no sufficient reason to believe that they would be uprooted on that same day. "The Court is not unmindful of the difficulties of  law enforcement agencies in suppressing the illegal traffic of dangerous drugs. However, quick solutions of  crimes and apprehension of malefactors do not justify a callous disregard of the Bill of Rights." 30 We need not  underscore that the protection against illegal search and seizure is constitutionally mandated and only under specific instances are searches allowed without  warrants."31 "The mantle of protection extended by the Bill of Rights covers both innocent and guilty alike against any form of high handedness of law enforcers, regardless of the praise worthiness of their intentions." 2. -The arrest of accused-appellant was tainted with constitutional infirmity. The testimony of SPO3 Jovencio Fajarito34 reveals that appellant was not duly informed of his constitutional rights. He admitted that he did not inform the accused of his constitutional rights before asking him questions when he went to the house of the accused. He also said that the Chief of Police did not inform the accused of his constitutional rights as a person under custodial investigation before the interrogation. -No counsel assisted the accused-appellant in both the interrogation and the signing of the confiscation report. The accused was under custodial investigation when he signed the confiscation receipt. Custodial investigation commences when a person is taken into custody c ustody and  is singled out as a suspect in the commission of a crime under  investigation and the police officers begin to ask questions on the suspect's  participation therein and which tend to elicit an admission. The accused-appellant was a suspect from the moment  the police team went to his house and ordered the uprooting of the marijuana plants.

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2

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  -The implied acquiescence to the search, if there was any, could not have been more that mere passive conformity given under intimidating or coercive circumstances and is thus considered no consent at all within the purview of the constitutional guarantee."40 Even if the confession or admission were "gospel truth", if it was made without  assistance of counsel and without a valid waiver of such assistance, the confession is inadmissible in evidence.41

WHEREFORE, WHEREFORE, the decision of the trial court is hereby REVERSED and SET ASIDE. ASIDE. Accused-appellant  ALBERTO Accused-appellant  ALBERTO PASUDAG y BOKANG is  ACQUITED of the crime charged for lack of proof beyond reasonable doubt. The Director of  Corrections is hereby directed to forthwith release accused-appellant unless he is held for another case, and to inform the Court of the action taken hereon within ten (10) days from notice.

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3

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  PEOPLE VS. ZUELA January 28, 2000 Pardo, J. Facts: Tito Zuela, Maximo Velarde and Nelson Garcia were charged with “robbery with triple homicide”. They were arrested June, 1985. On March 26, 1987, all three accused were arraigned with the assistance of counsel and pleaded not guilty.

Here’s what happened: The three accused allegedly robbed Maria Abendano and killed her, her son and her driver during a delivery of the palay she buys and sells. Romualda, Maria’s sister whose store was beside Maria’s, was the witness in this case. Romualda stated that she saw the three accused board the jeepney of Maria during a delivery. Gerardo, to whom the palay was going to be delivered, saw Maximo inside the jeepney during the delivery of the palay to his ricemill. The ff morning, the bodies of Maria, her son and her driver were found. According to Romualda, the 3 accused conceived the plan to hold-up Maria while drinking in front of Romualda’s store because Maximo needed money to go to Manila. Maximo was supposed to board the jeep while the two others would wait somewhere else to board the jeepney and hold-up Maria.

The crime happened. (I think it’s no longer important how it happened) Junw 1, 1985 – Lt. Idian, assisted by 2 other policemen, arrested Maximo and brought him to the station with no warrant . He was investigated and was asked to give a written statement in statement in front of Atty. Ocampo. June 4 and 9, 1985 – Tito and Nelson were taken into police custody without a warrant. They underwent  suctodial investigation without the assistance of  counsel because no lawyer could be found in their town. They stated in their confession, in their own handwriting, that they voluntarily gave their statements and that no one coerced them or promised them anything to admit responsibility for the crime.

executed their statements, she had them sign their individual extrajudicial statements. The three accused interposed common defenses: denial and they were tortured and forced to make a confession. Tito and Nelson also claimed that they were not assisted by counsel when their confessions were taken. Maximo claimed that he went with Lt. Idian because he was told that his parents wanted to see him because his brother died. He was shown a picture of the cadaver. Along the way, he felt a hard object hit his head and he passed out. When he regained consciousness, he was already handcuffed. Pointing a gun, Lt. Idian told him that he could choose either to die or to sign the statement they preoared because his brother had wronged them. He was warned not to tell anyone that he wa s mauled. Two days later, in front of Lt. Idian, Atty. Ocampo and Pat. Refe, Atty Ocampo read a prepared statement. He refused to sign. He overheard that he was going to be made to sign in front of Atty. Ocampo.   According to Maximo, he was kicked in the stomach and a gun was poked at him. He signed the statement  out of fear. He was also made to sign another statement in front of Judge Valencia Bagalacsa. From the time he was arrested, he was never released. Nelson Garcia denied knowledge of the crime and claimed that he was mauled by Lt. Idian when his group went to Garcia’s house it invite him to the station. He was mauled again at the station and to prevent injury, he just signed the prepared statement. He also claimed that he was neither informed of the contents nor assisted by counsel. He was asked to copy in his own handwriting the prepared statement. He was never released from custody from the time he was arrested. Tito also claimed that he was arrested and was mauled in order to make him sign the prepared statement. He also claimed that he was neither informed of the contents nor assisted by counsel. ISSUE: WON the extra-judicial confession of the three accused may be admitted as evidence. - No. (but  (but  Maximo relayed it to Romualda who became a witness. So

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4

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  undergoing interrogation. In other words, "the moment  there is a move or even urge of said investigators to elicit admissions or confessions or even plain information which may appear innocent or innocuous at the time, from said suspect, he should then and there be assisted by counsel, unless he waives the right, but the waiver shall be made in writing and in the presence of counsel. There was no evidence that Maximo executed a waiver of  his right to counsel. In light of these facts, we are constrained to the rule that Maximo Velarde's extrajudicial statement is inadmissible in evidence. "An uncounselled extra-judicial confession without a valid waiver of the right to counsel — that is, in writing and in the presence of counsel — is inadmissible in evidence." The respective sworn statements of appellants Tito and Nelson were likewise inadmissible in evidence because they were executed without the assistance of counsel. Despite the fact that the reason for the absence of lawyer during the custodial investigation was the scarcity of  lawyers in the area, the Court could not be lenient in this case. The absence or scarcity of lawyers in any given place is not a valid reason for defying the constitutional mandate on counseled confessions. It was not cured by the presence of Judge Bagalacsa. With regard to Maximo, he repeated the statements to Romualda who related these in court. That is admissible. Constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the crime. Romualda's testimony on accused-appellant Maximo's admission sealed not only the latter's fate but also that  of appellants Tito and Nelson. The rule that an extrajudicial confession is binding only upon the confessant and is not admissible against his coaccused because the latter has no opportunity to cross-examine the confessant and therefore, as against  him, the confession is hearsay, 38 is not applicable here. What is involved here is an admission, not a confession. Wharton distinguished these terms as follows:

A confession is an acknowledgment in express terms, by a party in a criminal case, of his guilt of  the crime charged, while an admission is a statement by the accused, direct or implied, of  facts pertinent to the issue and tending, in connection with proof of other facts, to prove his guilt. In other words, an admission is something less than a confession, and is but an acknowledgment of some fact or circumstance which in itself is insufficient to authorize a conviction and which tends only to establish the ultimate fact of guilt.39   Appellants Tito and Nelson were afforded the opportunity to cross-examine witness Romualda on accused-appellant Maximo's declaration. They could have questioned its veracity by presenting evidence in support of their defenses of denial and alibi  so they could put to test Romualda's credibility. Having failed to do so, Romualda's testimony, which the trial court  correctly considered as credible, stands unscathed. Such testimony, taken with circumstances duly established by the prosecution, point unerringly to accused-appellants' culpability. These circumstances are: (1) accusedappellants and the victims were all residents of  Barcelonita, Cabusao, Camarines Sur, a small barangay where everyone knew everybody; (2) accused-appellants Tito and Nelson helped in the stores of the sisters Maria and Romualda a week before the incident; (3) Romualda saw the three accused-appellants as they boarded Maria's jeepney during its last  palay  delivery to Libmanan; (4) Gerardo Atienza saw accused-appellant Maximo with Maria's group during the jeepney's second delivery of   palay ; (5) Atienza saw accused-appellant Maximo riding in Maria's jeepney after the last delivery; (6) after the commission of the crime, accused-appellants Tito and Nelson no longer went to the store of Romualda; (7) accused-appellants never attended the wake of the victims, and (8) accused-appellant Maximo fled to Manila. Also, actions after the crime showed guil t. Other note: crime changed to robbery with homicide.

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5

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  PEOPLE VS. VALDEZ 2000

Facts: RTC found Valdez guilty of violating Section 9 of the Dangerous Drugs Act.

Here’s what happened: -According to SPO3 Tipay, around 10:15 a.m. of September 24, 1996, he received a tip from an unnamed informer about the presence of a marijuana plantation, allegedly owned by appellant. The prohibited plants were allegedly planted close to appellant's hut. Police Inspector Alejandro R. Parungao then formed a reaction team from his operatives to verify the report.Inspector Parungao gave the team specific instructions to "uproot said marijuana plants and arrest the cultivator of same.” - The following day, said police team, accompanied by their informer, left for the site where the marijuana plants were allegedly being grown. The police found appellant alone in his nipa hut. They, then, proceeded to look around the area where appellant had his kaingin and saw seven (7) fivefoot high, flowering marijuana plants in two rows, approximately 25 meters from appellant's hut. PO2 Balut  asked appellant who owned the prohibited plants and, according to Balut, the latter admitted that they were his. his. The police uprooted the seven marijuana plants. The police took photos of appellant standing beside the cannabis plants. Appellant plants.  Appellant was then arrested. -According to the appellant, he was weeding his vegetable farm in Sitio Bulan when he was called by a person whose identity he does not know. He was asked to go with the latter to "see something." This unknown person then brought appellant to the place where the marijuana plants were found, approximately 100 meters away from his nipa hut. Five armed policemen were present and they made him stand in front of the hemp plants. He was then asked if  he knew anything about the marijuana growing there. When he denied any knowledge thereof, SPO2 Libunao poked a fist at him and told him to admit ownership of the plants. Appellant was so nervous and afraid that he admitted owning the marijuana. - At the police headquarters, appellant reiterated that he knew nothing about the marijuana plants seized by the police. ISSUE and HELD (not the one stated in the case but the one related to our topic): WON the admission of the accused

investigation. – YES. (it is therefore inadmissible in evidence cos it was made without the assistance of  counsel) RATIO:

(take note of the accused’s rights. ) The moment the police try to elicit admissions or confessions or even plain information from a person suspected of having committed an offense, he should at  that juncture be assisted by counsel, unless he waives the right in writing and in the presence of counsel. In the instant case we find that, from the start, a tipster had furnished the police appellant's name as well as the location of appellant's farm, where the marijuana plants were allegedly being grown. While the police operation was supposedly meant to merely "verify" said information, the police chief had likewise issued instructions to arrest  appellant as a suspected marijuana cultivator. Thus, at the time the police talked to appellant in his farm, the latter was already under investigation as a suspect. The questioning by the police was no longer a general inquiry. In trying to elicit information from appellant, the police was already investigating appellant as a suspect. At this point, he was already under custodial investigation and had a right to counsel even if he had not yet been arrested. Custodial investigation is "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." As a suspect, two armed policemen interrogated appellant. Behind his inquisitors were a barangay peace officer and three other armed policemen. All had been dispatched to arrest him. From these circumstances, we may infer that appellant had already been deprived of his freedom of action in a significant way, even before the actual arrest. Note that even before he was arrested, the police made him incriminatingly pose for photos in front of the marijuana plants. (take note of requirements for admissibility)

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6

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  PEOPLE VS. RODRIGUEZ October 2, 2000 Quisumbing, J. Facts: Rodriguez and his co-accused were charged with murder. -They were being implicated in the killing of Matias whose body was found at the Far East Bank and Trust Company which was on the same building where they were working as construction workers. -SPO3 Jamoralin conducted a follow-up investigation. Accompanied the security guard, he went to the construction site where he found Rodriquez packing his belongings. He saw a pair of jeans with red stains on Rico’s bed. He also saw red stains on Roriguez’s shirt. Rodiguez said that he had a wound on his neck, but when checked, there was none. -Rodriguez was then arrested and brought to the station for interrogation. -Assisted by Atty. Lao, Rodriguez executed a sworn statement confessing that he and appellant Rico, together with one Rading Mendoza and two other men, killed Matias. -They were charged with Robbery with Homicide. -On the stand, Rodriguez denied participation in the killing and claimed that he was mauled by the policemen to confess the crime. -Rico, testified that the policemen merely placed him outside the room where Rodriguez was being interrogated, and that the police did not take any statement from him. Appellant also denied owning the maong pants which the police said were taken from his bed. ISSUE and HELD: whether the extrajudicial confession of  accused Rodriguez is admissible not only against him but  also against appellant  – no. confession is constitutionally flawed. It cannot be used against them at all. Ratio: Fundamental

requisites

for

the

admissibility

of

a

Atty. Lao was called, when the confession was going to be put into writing. Under the factual milieu, the moment  accused and appellant were arrested and brought to the police station, they were already under custodial investigation. In the case of  People v. Bolanos, Bolanos , we held that an accused who is on board the police vehicle on the way to the police station is already under custodial investigation, and should therefore be accorded his rights under the Constitution. In this case, the teaching of Bolanos of  Bolanos clearly went unheeded. Rights of a person under custodial investigation (section 12, Article III of the Constitution) Custodial investigation refers to the critical pre-trial stage when the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular person as a suspect. When Rodriguez and appellant were arrested by the police in the afternoon of October 11, 1991, they were already the suspects in the slaying of the security guard, Ramon Matias, and should have been afforded the rights guaranteed by Article III, Section 12 of the 1987 Constitution, particularly the right  to counsel. The records do not show that Rodriguez and appellant, at the time of their arrest in the afternoon of  October 11, 1991, were informed of the well-known Miranda rights. Worse, they were not provided with competent and independent counsel during the custodial investigation prior to the execution of the extrajudicial confession. Operative act: when the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect who has been taken into custody by the police to carry out a process of interrogation that lends itself to eliciting incriminatory statements, and not the signing by the suspect of his supposed extrajudicial confession Purpose of right to counsel (just in case…): The purpose of providing counsel to a person under custodial investigation is to curb the uncivilized practice of  extracting confession even by the slightest coercion as would lead the accused to admit something false. What is

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7

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  he trial court convicted him on the basis of two pieces of  circumstantial evidence which show conspiracy: (1) the extrajudicial confession of accused implicating him as one of the perpetrators and (2) the fact that the maong pants allegedly belonging to appellant was found positive of type O blood. The former being inadmissible and the latter

being of no probative value since the blood type of  appellant and the victim were not taken for purposes of  comparison, there remains nothing to support appellant’s conviction.

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8

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  PEOPLE VS. MULETA Juner 25, 1999 Panganiban, J. Rights during custodial investigation: (1) to remain silent, (2) to have an independent and competent counsel, (3) to be provided with such counsel, if unable to secure one, (4) to be assisted by one in case of waiver, which should be in writing, of the foregoing; and (5) to be informed of all such rights and of the fact that anything he says can and will be used against him Facts: Muleta was found guilty of the crime of rape with homicide by the RTC.

Here’s what happened: According to the prosecution: -April 30, 1993 - Charito Delgado was raped. Her body was found naked, tied to a post with a pair of jeans. Her hands were tied with a bra. She was appellant’s niece. -Based on the investigation, appellant left his work at 9:30 on April 29, 1993 at 9:30 in the evening and reported for work on April 30, 1993 at 8pm. -On September 19, 1993, Tolentino went to appellant's house in Oriental Mindoro and requested appellant to go with him to the NBI, Manila for investigation. Appellant  readily obliged. Danilo Delgado, Charito's paternal uncle, accompanied Tolentino and appellant to Manila. -During his custodial investigation on September 19, 1993, appellant was assisted by counsel, Atty. Deborah Daqui s. -Another prosecution witness, Danilo Delgado, testified

feet were tied and water was poured on his nose; that he was forced to sign a document which he was not able to read, that he was forced to sign the document  because he [could] no longer bear the torture; that he did not have a lawyer at that time. time . -RTC found the accused guilty based in circumstantial evidence and upheld the validity of the extrajudicial confession. According to the RTC, the rule that the presumption that the confession was given voluntarily has not been overcome. The RTC also pointed out that the accused was assisted by Atty. Daquis who even signed the the statement. The accused did not present any evidence that he was tortured – no eyewitness, no medical certificate. ISSUE and HELD: WON the extrajudicial confession of appellant is admissible. – No. WON the remaining circumstantial evidence presented by the prosecution is sorely insufficient to prove his guilt beyond reasonable doubt. RATIO: To be acceptable, extrajudicial confessions must  conform to constitutional requirements. A confession is not valid and not admissible in evidence when it is obtained in violation of any of the following rights of  persons under custodial investigation: to remain silent, to have independent and competent counsel preferably of  their own choice, to be provided with counsel if they are unable to secure one, to be assisted by such counsel during the investigation, to have such counsel present when they decide to waive these rights, and to be informed of all these rights and of the fact that anything they say can and will be used against them in court.

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9

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  September 20, 1993. Thus, when the appellant executed and completed his purported extrajudicial confession on September 19, 1993, he was not assisted by counsel. We have constitutionalized the right to counsel because of our hostility against the use of duress and other undue influence in extracting confessions from a suspect. Force and fraud tarnish confessions and render them inadmissible." This Court has consistently held, without  equivocation, that no custodial investigation shall be conducted unless it is done in the presence of counsel. 31 The failure of the prosecution 32 to present Atty. Daquiz to testify on the validity of the confession substantiates the conclusion that the sworn statement is constitutionally suspect and invalid. In relation to this, we stress that the right to counsel refers to competent and independent  lawyers preferably chosen by the accused persons themselves. 33 This Court, as well as the court  a quo, quo, did not have the opportunity to determine the competence and the independence of the NBI-procured lawyer because, despite the denial of the accused that he was assisted by counsel, the prosecution failed to present Atty. Daquiz. The illegality of the alleged confession is further demonstrated by the fact that appellant exercised no satisfactory waiver of his rights. As stated in our earlier discussions, since he was not assisted by a lawyer when the waiver was made, there was no valid waiver to speak  of. Furthermore, even if we were to assume that the appellant was assisted by counsel when he waived his lights, the waiver itself was lamentably insufficient. After Atty. Daquiz was allegedly called to assist the appellant, she posited this question: "Gusto mo bang talikdan ang iyong mga karapatan na ibinibigay sa iyo ng ating

Konstitusyon?" To this appellant replied: "Tinatalikdan ko na po iyon dahil gusto ko nang ipagtapat ang pangyayari kay CHARITO DELGADO na pamangkin ko." To the Court, this was not the waiver that the Constitution clearly and strictly required. Such waiver failed to show his understanding of his rights, his waiver of  those rights, and the implications of his waiver. The waiver, in order to be valid, should have been in a language that clearly manifested his desire to do so. 39 The part of  the sworn statement in which the accused "waived" his rights referred to them as "mga karapatan na ibinigay sa iyo ng ating Konstitusyon" and "iyon" — words that were utterly vague and insufficient to satisfy the Constitutional requirements. Moreover, Atty. Daquiz raised only one question: whether appellant would like to waive his rights. This was odd, because she had been called to assist appellant in making his confession, not his waiver. Atty. Daquiz made no effort to determine whether the accused was treated well, or the understood his rights. Such perfunctory, even cavalier, attempt falls short of constitutional requirements. On the other issue: In this case, the circumstantial evidence presented acquires significance only when taken together with the appellant's confession. The pattern of the tapestry, which the prosecution would want us to see, is bound by only a single thread — the confession of the appellant. Due to constitutional infirmity, that one strand has been cut, and thus the pattern disintegrates. The tapestry becomes an unreadable puzzle. MULETA ACQUITTED.

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10

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Tan 286 SCRA 207  Romero, J; February 11, 1998  FACTS  Herson Tan, along with Lito Amido, were charged with the crime of highway robbery with murder before the Regional Trial Court.  Tricycle driver Freddie Saavedra went to see his wife, Delfa at Our Lady of Angels Academy to inform her that he will drive Tan and Amdio to Barangay Maligaya. It was the last time that Freddie was seen alive. When Freddie failed to return that evening, Delfa inquired on his whereabouts. In the course of such inquiry a certain Villarama revealed that the body of  Freddie was discovered on the diversion road at  Barangay Malinao. They proceeded to the said place and found the Freddie’s body with 14 stab wounds.  Relying on the information that an abandoned sidecar of a tricycle was seen at Brg. Malinao, members of the PNP proceeded to the scene and recovered a blue sidecar. Subsequently, Lt. Santos, Cpl. Aguilar and Pat. Alandy invited Tan in connection with the instant case and with respect to 2 other robbery cases reported in Lucena City. During their conversation, Tan allegedly gave an explicit account of what actually transpired. He narrated that he and Amido were responsible for the loss of the motorcycle and death of Freddie. He averred that they sold the motorcycle to a certain Teves of Muntinlupa for P4,000. With the help of Tan, Lucena PNP dispatched a team to retrieve the motorcycle.  Teves admitted that he purchase the motorcycle from Tan and Amido and failed to present any document  evidencing the purported sale. He voluntarily surrendered the motorcycle to the police.  Testimony of Lt. Carlo: when he invited tan to their HQ, he had no warrant for his arrest. In the course thereof, he informed Tan that he was a suspect, not 

km. from the town) on the day in question, busy assisting in the renovation of his mother’s house. He narrated that the victim was his friend, and therefore he could not have participated in the gruesome death of the latter. 

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RCT found Tan guilty of the crime of Highway Robbery with Murder and sentenced him to suffer an imprisonment of  reclusion perpetua. Due to insufficiency of evidence, Amido was acquitted. Tan assails the finding of conviction despite the failure of the prosecution to positively identify him as the culprit of the crime and to present clear and convincing circumstantial evidence that would overcome his innocence.

ISSUE WON the supposed confession taken from the conversion of Lt. Carlo and Tan is admissible as evidence. HELD: NO  The Constitution abhors an uncounselled confession or admission and whatever information is derived therefrom shall be regarded as inadmissible evidence against the confessant. 

Art. III, Sec, 12, par (1) and (3) provides: (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of  his own choice. If the person cannot afford the the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

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11

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  

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Furthermore, not only does the fundamental law impose, as a requisite function of the investigating officer, the duty to explain those rights to the accused but also that there must correspondingly be a meaningful communication to and understanding thereof by the accused. A mere perfunctory reading by the constable of such rights to the accused would thus not suffice. A confession to be admissible must satisfy the following requirements: (1) it must be voluntary; (2) it  must be made with the assistance of competent and independent counsel; (3) it must be express; and (4) it  must be in writing. While the Constitution sanctions the waiver of the right to counsel, it must, however, be “voluntary, knowing and intelligent, and must be made in the presence and with the assistance of counsel.” Even if the confession contains a grain of truth, if it  was made without the assistance of counsel, it  becomes inadmissible in evidence, regardless of the

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absence of coercion or even if it had been voluntarily given. The records of this case do not indicate that appellant  was assisted by counsel when he mad e such waiver, The evidence for the prosecution shows that when Tan was invited for questioning at the police headquarters, he allegedly admitted his participation in the crime. This will not suffice to convict him, however, of said crime. The constitutional rights of Tan, particularly the right to remain silent and to counsel, are impregnable from the moment he is investigated in connection with an offense he is suspected to have committed, even if  the same be initiated by mere invitation. What remains of the evidence for the prosecution is inadequate to warrant a conviction.

DISPOSITION Decision of the RTC is REVERSED and SET ASIE. Tan is ACQUITTED of the crime charged.

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12

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  Miranda v. Arizona 384 U.S. 436  Warren; June 13, 1966  FACTS  In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world. None of the defendants was given a full and effective warning of his rights at  the outset of the interrogation process. In all four cases, the questioning elicited oral admissions, and, in three of them, signed statements as well, which were admitted at their trials. All defendants were convicted, and all convictions, except in No. 584, were affirmed on appeal.  No. 759. Miranda v. Arizona Ernesto Miranda, was arrested at his home and taken in custody to a Phoenix police station. He was there identified by the complaining witness. The police then took him to "Interrogation Room No. 2" of the detective bureau. There he was questioned by two police officers. The officers admitted at trial that Miranda was not advised that he had a right to have an attorney present. Two hours later, the officers emerged from the interrogation room with a written confession signed by Miranda. At the top of the statement 

being interrogated. The prosecution objected to the question, and the trial judge sustained the objection. Thus, the defense was precluded from making any showing that warnings had not been given. While at the 66th Detective Squad, Vignera was identified by the store owner and a saleslady as the man who robbed the dress shop. At about 3 p.m., he was formally arrested. The police then transported him to still another station, the 70th Precinct in Brooklyn, "for detention." At 11 p.m., Vignera was questioned by an assistant district  attorney in the presence of a hearing reporter, who transcribed the questions and Vignera's answers. This verbatim account of these proceedings contains no statement of any warnings given by the assistant district attorney. At Vignera's trial on a charge of first degree robbery, the detective testified as to the oral confession. The transcription of the statement  taken was also introduced in evidence. At the conclusion of the testimony, the trial judge charged the jury in part as follows: "The law doesn't say that the confession is void or invalidated because the police officer didn't advise

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13

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien 

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association and bank in Sacramento, California. After two or two and one-half hours, Westover signed separate confessions to each of these two robberies which had been prepared by one of the agents during the interrogation. At trial, one of the agents testified, and a paragraph on each of the statements states, that the agents advised Westover that he did not have to make a statement, that any statement he made could be used against him, and that he had the right to see an attorney. Westover was tried by a jury in federal court and convicted of the California robberies. His statements were introduced at trial. He was sentenced to 15 years' imprisonment on each count, the sentences to run consecutively. On appeal, the conviction was affirmed by the Court  of Appeals for the Ninth Circuit  No. 584. California v. Stewart  In the course of investigating a series of pursesnatch robberies in which one of the victims had died of injuries inflicted by her assailant, respondent, Roy Allen Stewart, was pointed out to Los Angeles police as the endorser of dividend checks taken in one of the robberies. At about 7:15 p.m., police officers went to Stewart's house and arrested him. One of the officers asked Stewart if  they could search the house, to which he replied,

The jury found Stewart guilty of robbery and first  degree murder, and fixed the penalty as death. On appeal, the Supreme Court of California reversed. It held that, under this Court's decision in Escobedo, Stewart should have been advised of his right to remain silent and of his right to counsel, and that it would not presume in the face of a silent record that the police advised Stewart of his rights. ISSUE Whether the statements obtained from a defendant  questioned while in custody or otherwise deprived of his freedom of action in any significant way are admissible as evidence. HELD: NO The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant  way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.  The atmosphere and environment of incommunicado interrogation as it exists today is inherently intimidating, and works to undermine the privilege

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14

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien 

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essential mainstay of our adversary system, and guarantees to the individual the "right to remain silent  unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation as well as in the courts or during the course of other official investigations. The decision in Escobedo v. Illinois, stressed the need for protective devices to make the process of police interrogation conform to the dictates of the privilege In the absence of other effective measures, the following procedures to safeguard the Fifth Amendment privilege must be observed: (1) the person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court: This warning is needed in order to make o him aware not only of the privilege, but  also of the consequences of forgoing it. It  is only through an awareness of these consequences that there can be any assurance of real understanding and intelligent exercise of the privilege. Moreover, this warning may serve to make the individual more acutely aware that he is faced with a phase of the adversary system -- that he is not in the presence of persons acting solely in his

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the statement is rightly reported by the prosecution at trial. In order fully to apprise a person o interrogated of the extent of his rights under this system, then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that, if  he is indigent, a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one. The warning of a right to counsel would be hollow if not  couched in terms that would convey to the indigent -- the person most often subjected to interrogation -- the knowledge that he too has a right to have counsel present. If the individual indicates, prior to or during questioning, that he wishes to remain silent, the interrogation must cease; if he states that he wants an attorney, the questioning must cease until an attorney is present. Where an interrogation is conducted without the presence of an attorney and a statement is taken, a heavy burden rests on the Government to

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15

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  with an attorney and to have one present during the interrogation, nor was his right not to be compelled to incriminate himself effectively protected in any other manner. Without these warnings, the statements were inadmissible. The mere fact that he signed a statement  which contained a typed-in clause stating that he had "full knowledge" of his "legal rights" does not  approach the knowing and intelligent waiver required to relinquish constitutional rights No. 760. Vignera v. New York   We reverse. The foregoing indicates that Vignera was not warned of any of his rights before the questioning by the detective and by the assistant district attorney. No other steps were taken to protect these rights. Thus, he was not effectively apprised of his Fifth Amendment privilege or of his right to have counsel present, and his statements are inadmissible. No. 761. Westover v. United States We reverse. On the facts of this case, we cannot find  that Westover knowingly and intelligently waived his right to remain silent and his right to consult with counsel prior to the time he made the statement. At  the time the FBI agents began questioning Westover, he had been in custody for over 14 hours, and had been interrogated at length during that period. The FBI interrogation began immediately upon the

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end of the interrogation process. In these circumstances, an intelligent waiver of constitutional rights cannot be assumed. We do not suggest that law enforcement authorities are precluded from questioning any individual who has been held for a period of time by other authorities and interrogated by them without appropriate warnings. A different case would be presented if an accused were taken into custody by the second authority, removed both in time and place from his original surroundings, and then adequately advised of  his rights and given an opportunity to exercise them. But here, the FBI interrogation was conducted immediately following the state interrogation in the same police station -- in the same compelling surroundings. Thus, in obtaining a confession from Westover the federal authorities were the beneficiaries of the pressure applied by the local incustody interrogation. In these circumstances, the giving of warnings alone was not sufficient to protect  the privilege.

No. 584. California v. Stewart  We affirm. In dealing with custodial interrogation, we  will not presume that a defendant has been effectively apprised of his rights and that his privilege against  self-incrimination has been adequately safeguarded on a record that does not show that any warnings have

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16

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Obrero 332 SCRA 190  May 17, 2000; Mendoza, J. FACTS Jimmy Obrero was a delivery boy employed by  Cabosas whose business was selling chickens to customers. Obrero was asked to deliver dressed chickens to Emma Cabrera, a regular customer at  Recto Avenue. At about 10:20 a.m., Obrero came back  and turned over to Cabosas the amount of P2,000.  RTC found Jimmy Obrero guilty of the crime of  robbery with homicide and sentenced him to suffer the penalty of reclusion of reclusion perpetua. perpetua .  Testimony of Pat. Ines (investigated the robbery with homicide): After receiving a report of the killing, Pat. Ines and Pfc. Sibal went to see Cabosas from which they learned that the Cabosas received a call from Cabrera informing Cabosas that her house had been robbed and her 2 maids killed. The officers were told the Obrero had gone to Pangasinan allegedly to attend the burial of his grandfather. Police officers went to Pangasinan but failed to find Obrero. They were told by the sister of Obrero that Obrero had gone to La Union. Obrero confided to his sister that he had allegedly done something wrong in Manila. Pat. Ines and his group received information from Urdaneta

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of the WPD, representing a client accused of illegal recruitment. He was asked by Lt. Javie to assist Obrero in executing an extrajudicial confession. He apprised Obrero of his constitutional rights, explaining to him that any statement made by him could be used against  him in court, but Obrero said he was willing to give the statement as in fact he did, confessing to the commission of the crime of robbery with homicide. Obrero denied participation in the commission of the crime and claimed that he was arrest without a warrant in Pangasinan. He claimed that, after being informed of the charges against him, he was beaten up and detained for a week and made to execute an extrajudicial confession. He denied having known or seen Atty. De los Reyes before and stated that he did not understand the contents of the extrajudicial confession which he signed because he does not know how to read. Obrero assails the validity of this extrajudicial confession which forms the basis of his conviction for the crime of robbery with homicide. He claims that  Atty. De los Reyes, who assisted him in executing his confession, was not the counsel of his own choice. That  was the reason, he said, he refused to sign the booking

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17

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  intimidation, which are dealt with in paragraph 2 of §12, (2) those which are given without the benefit of  Miranda warnings, which are the subject of  paragraph 1 of the same §12. Confession was not obtained by force a nd threat  Obrero has show no proof of the use of force and  violence on him. him. He did not seek medical treatment  nor even a physical examination. Obrero signed his name on page 1 to acknowledge that   he had been given the Miranda warnings. Then, he signed again as proof that after being given the Miranda warnings he agreed to give a statement. Next, he signed again his name at the end of page 2 to authenticate that page as part of his confession. Fourth, he signed the third page at the end of his confession. Fifth, he signed his name again on the third

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typical of the atmosphere of police interrogation, the suspect really needs the guiding hand of counsel. Under the first paragraph of this provision, it is required that the suspect in custodial interrogation must be given the following warnings: (1) He must be informed of his right to remain silent; (2) he must be warned that anything he says can and will be used against him; and (3) he must be told that he has a right  to counsel, and that if he is indigent, a lawyer will be appointed to represent him. There was thus only a perfunctory reading of the Miranda rights to Obrero without any effort to find out  from him whether he wanted to have counsel and, if  so, whether he had his own counsel or he wanted the police to appoint one for him. This kind of giving of  warnings, in several decisions of this Court, has been found to be merely ceremonial and inadequate to

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18

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  stated, is inadmissible. It does not matter that Obrero failed to object to the introduction of these constitutionally proscribed evidence. The lack of  objection did not satisfy the heavy burden of proof  which rested on the prosecution.

DISPOSITION The decision of the Regional Trial Court, convicting Jimmy Obrero of the crime of robbery with homicide is REVERSED and Obrero is hereby ACQUITTED on the ground of reasonable doubt.

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19

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People Duero 104 SCRA 379  May 13, 1981; Aquino, J. FACTS  In the evening of Sunday, Fausta Condino Vda. de Duero, was feloniously killed in her house.She sustained 2 gaping wounds on the right cheek, two 2 wounds on the neck, another gaping wound on the right shoulder and a bruise on the cheek. A piece of  wire, which was used to strangle her was tied around her neck. A scythe was sticking in her neck.  The gruesome crime was discovered in the afternoon of the following day by the Brgy. Captain Prevendido. Prevendido requested the grandson of the old woman to inform his uncle (Salvador) of the incident. Salvador entered the house through the bedroom window and saw his mother's lifeless and bloodied





Buenaventura Hudieras, the barangay captain of  Barrio Pamulogan, which adjoins Barrio Banguit  where the old woman resided, declared in his sworn statement that two days after the commission of the crime he was drinking liquor with Severino Duero. On that occasion, Severino told Hudieras that Fausta Duero was killed by clubbing her with a mallet choking her with a piece of wire and hacking her with a scythe. The sworn statements of Alag, Tormon and Hudieras and others were the basis of the criminal complaint for robbery with homicide filed by Lieutenant Lujan an in the municipal court against Severino Duero. They did not testify at the trial most probably because Lujan himself took the witness stand to give evidence on the

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20

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien 



SEC. 20. No person shall be compelled to be a witness against himself. Any person under investigation for the commission of  an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against  him. Any confession obtained in violation of this section shall be admissible in evidence. All the foregoing provisions are new except the first sentence, regarding the right against selfincrimination (nemo (nemo tenetur seipsum accusare), accusare ), which is the only provision found in section 18 of  the Bill of Rights of the 1935 Constitution, now revised or expanded in section 20 (See article 125

procedural safeguards for in-custody interrogation of accused persons: Prior to any questioning, the person must  o be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of  o these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner o and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and o indicates in any manner that he does not 

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21

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Ordono 334 SCRA 673  June 29, 2000; Per Curiam  FACTS  The decomposing body of Shirley Victore, 15 years old, was found among the bushes near a bridge. She was reported missing 3 days before. Post-mortem examination revealed that the victim was rape and strangled to death. Unidentified sources pointed to Pacito Ordoño and  Apolonio Medina as the authors of the crime. Acting on this lead, the police thereupon invited the 2 suspects and brought them to the police station for questioning. However, for lack of evidence then directly linking them to the crime, they were allowed to go home.  Ordoño and Medina returned to the police station one after another and acknowledged that they had indeed



After a week or so, the 2 separately went back to Atty. Corpuz and informed him of their willingness to affix their signatures and thumbmarks for the second time in their respective confessions. Once again Atty. Corpuz apprised the 2 accused of their constitutional rights, explained the contents of their respective statements, and finally, accompanied them to Judge Bautista, MTC judge, who further apprised the 2 accused of their constitutional rights and asked them if  they had been coerced into signing their confessions. They assured Judge Bautista that their statements had been given freely and voluntarily. Upon such assurance that they had not been coerced into giving and signing their confessions, Judge Bautista finally

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22

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  

The accused are now before us assailing their conviction on the ground that constitutional infirmities attended the execution of their extrajudicial confessions, i.e., mainly the lack of counsel to assist  them during custodial investigation thereby making their confessions inadmissible in evidence.

before the above-mentioned persons can appear two (2) conditions must be met: (a) counsel of the accused must be absent, and, (b) a valid waiver must be executed. RA 7438 does not therefore unconditionally and unreservedly eliminate the necessity of counsel but underscores its importance by requiring that a

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23

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien 



appellant of his right followed by a monosyllabic answer - which this Court has condemned for being unsatisfactory. To be informed of the right to remain silent and to counsel contemplates "the transmission of meaningful information rather than just the ceremonial and

2accused to the radio announcer. What the Constitution bars is the compulsory disclosure of  incriminating facts or confessions. The rights enumerated under Sec. 12, Art. III, are guaranteed to preclude the slightest use of coercion by the state as would lead the accused to admit something false, not 

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24

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  Harris v. New York February 24, 1971 Burger, C.J. Facts:

of admitting the statement into the impeachment  process.

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CrimPro (Arrest)

25

 AJ | Amin | Cha | Janz | Julio | Vien  New York v. Quarles 467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984) 

The police were in hot pursuit of a rapist matching Quarles' description. They found him in a grocery store. Quarles saw the police and ran. They caught him.



The point of the Miranda warning is to deter the police from excessively coercing a suspect into making a false confession. But we don't want the police to be deterred

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26

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Figueroa July 6, 2000 Davide, Jr., C.J. Facts:  Obet was convicted of violating Art. 14-A of RA 6425 (DDA) for manufacturing shabu.

a white pail along with other drug paraphernalia, such as a beaker spray. PALENCIA and SORIANO seized the items.

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62

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Pavillare Per Curiam (2000)  At about noon of Feb 12, 1996, Indian national Sukhjinder Singh was on his way back to his motorcycle parked at the corner of Scout Reyes and Roces Ave when three men blocked his way The one directly in front of him, whom he later identified as herein appellant Pavillare, accused him of  having raped the woman inside the red Kia taxi cab parked nearby Singh denied the accusation, but the three men nevertheless forced him inside the taxi cab and brought  him somewhere near St Joseph's College in Quezon City One of the abductors took the key to his motorcycle and drove it alongside the cab. According to Singh, the appellant and his companions beat him up and demanded P100,000 for his release Singh told him he only had P5,000 with him. Thereafter, appellant Pavillare forced him to give the phone numbers of his relatives so they can make their demand from them Singh gave the phone number of his cousin Lakhvir Singh and the appellant made the call. Appellant  Pavillare haggled with his cousin for the amount of the ransom until the amount of P25,000 was agreed upon Then, the kidnappers took him to the corner of Aurora Blvd and Boston St and parked the cab there where appellant Pavillare and two companions alighted while the driver and their lady companion stayed with the complainant in the car When the complainant turned to see where Pavillare and his companions went, he saw his uncle and his cousin in a motorcycle and together with the kidnappers entered a mini-grocery Later, the kidnappers brought him to the mini-grocery where he met his relatives. The ransom money was handed to Pavillare by the complainant's cousin, after which the appellant counted the money and then, together with his cohorts, immediately left the scene Two days later, the victim went to the police to formally lodge his complaint against his kidnappers. He gave incomplete descriptions of his abductors in his affidavit-complaint  Meanwhile, herein appellant Pavillare had just been apprehended by the police in connection with another case involving the kidnapping of another Indian national Herein complainant was then summoned back to the police station where, in a police line-up, he identified

Eduardo Pavillare with the crimes charged and sentencing him with the supreme penalty of death – hence, this automatic review ISSUE: WoN the trial court erred in finding him guilty of  kidnapping for ransom beyond reasonable doubt when it  relied in complainant’s in -court and pre-trial police line-up identification of him as the abductor although he was then without counsel, in contravention to his Constitutional right  HELD: NO. The decision of QC RTC is finding Pavillare guilty beyond reasonable doubt of the crime of kidnapping for ransom is AFFIREMED in toto RATIO: Appellant Pavillare prays for acquittal on the ground that the identification of him by the complainant in the police line-up is tainted with procedural and constitutional infirmities12 making the same and the subsequent in-court identification inadmissible as evidence  this is UNTENABLE Contrary to appellant’s contention, the complainant  had more than enough opportunity to observe the features of his abductors (and hence, recognize his ugly face). This is evidenced by the complainant’s unhesitating and consistent identification of herein appellant Pavillare as one of the kidnappers in court  and previously, during the police line-up Also, the victim’s identification was corroborated by his cousin’s testimony. As he was the one who handed the ransom to appellant Pavillare, he was also in the position to positively identify, as he did, Pavillare as one of the abductors Further, appellant’s defense that the identification made by the complainant in the police line-up is inadmissible because the appellant stood at the lineup without the assistance of counsel is without merit  Sec 12(1), Art III of the Commission states that "Any person under investigation for the commission of an offense shall have the right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the Pavillera here claims that the complainant did not  actually have an accurate observation of his abductors as evidenced by his poor description of them in his

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63

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel."  hence the prohibition for custodial investigation conducted without the assistance of counsel Any evidence obtained in violation of the constitutional mandate is inadmissible in evidence The prohibition however, does not extend to a person in a police line-up because that stage of an investigation is not yet a part of custodial investigation It has been repeatedly held that custodial investigation commences when a person is taken into custody and is singled out as a suspect in the commission of the crime under investigation and the police officers begin to ask  questions on the suspect's participation therein and which tend to elicit an admission Contrariwise, the stage of an investigation wherein a person is asked to stand in a police line-up has been held to be outside the mantle of protection of the right  to counsel because it involves merely a general inquiry into an unsolved crime and is purely investigatoryinformative in nature Perforce, an uncounseled identification at the police line-up is admissible, and with much force, is an in-court identification admissible  this only means that the identification made by the complainant  in the police line-up pointing to Pavillare as one of his abductors is admissible in evidence even though the appellant Pavillare at that time was not assisted by counsel It is significant to note that, during trial, the private complainant has repeatedly identified herein appellant Pavillare as on of his abductors. Too, other witness (e.g. victim’s cousin who handed over the

ransom) also repeatedly identified Pavillare as one of  the kidnappers Appellant Pavillare’s contention that the police improperly “suggested” to the complainant tha t he might be the abductor is self-serving and unsubstantiated, even when the defense had ample opportunity to adduce evidence to support this potentially exculpatory argument  As borne by the records, the defense, upon crossexamination of the investigating police officer, pointed out possible irregularities tantamount to subtle prejudices that could hurt Pavillare’s right to a fair trial but they never pursued the same  they hinted some irregularity as to the non-involvement of the abductor’s physical description in the complainant’s affidavit, which the police testified to have been logged in a separate police logbook. Sadly, for the defense, they never asked that such police logbook be presented as evidence precisely to proffer their allegation of improper “suggestion” during the police line-up. Therefore, this contention must fail for insufficiency of evidence Finally, the appellant contends that, in the alternative for acquittal, he should, at the very least be convicted for the lesser crime of simple robbery and not  kidnapping for ransom To support his claim, he argues that the evidence on record proves that the prime motive of the appellant  and his companions was to obtain money and not to deprive the complainant of his liberty  this is UNTENABLE Suffice it to say that the requisites of the crime of  kidnapping for ransom under Art 267, RPC are all met  by the acts of the appellant  --oo0oo--

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64

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  6. Exceptional Cases where Uncounselled Confessions are Held Not to be Excluded

People v. Andan Per Curiam (1997)  Herein appellant Pablito Andan was accused of the crime of rape with homicide against the person of a certain Marianne Guevarra The FACTS as established by the prosecution are as follows: On Feb 19, 1994 at about 4pm, in Concepcion Subdivision, Baliuag, Bulacan, Marianne Guevarra, twenty years of age and a second-year student at the Fatima School of Nursing, left her home for her school dormitory in Valenzuela, Metro Manila Marianne wore a striped blouse and faded denim pants and brought with her two bags containing her school uniforms, some personal effects and more than P2,000 in cash Marianne was walking along the subdivision when appellant Andan invited her inside his house. He used the pretext that the blood pressure of his wife's grandmother should be taken Marianne agreed to take her blood pressure but she did not know that that nobody was inside the house. Appellant  then punched her in the abdomen, brought her to the kitchen and raped her His lust sated, appellant dragged the unconscious girl to the back of the house and left her there until dark. Night came and appellant pulled Marianne, still unconscious, to their backyard. backyard. On the other side was a vacant lot where appellant transferred the girl. When the girl moved, he hit her head with a piece of concrete block. He repeatedly did so until she died and only then did he drag the body towards a shallow portion of the lot and abandoned it there The following day, the body of Marianne was discovered. She was naked from the chest down with her brassiere and T-shirt pulled toward her neck. Nearby was found a panty with a sanitary napkin Marianne's gruesome death drew public attention causing the Mayor of Baliuag to form a crack team of  police officers to look for the criminal Searching the place where Marianne's body was found, the policemen recovered a broken piece of concrete block stained with what appeared to be blood. They also found a pair of denim pants and a pair of shoes which were identified as Marianne's Appellant's nearby house was also searched by the police who found bloodstains on the backyard wall. There they interviewed the occupants of the house and learned from one Romano Calma, stepbrother of 

Later, the police traced the appellant at his parent’s house and there they successfully accosted him. They took him aboard the patrol jeep and brought him to the police headquarters where he was interrogated Initially, appellant denied any knowledge of Marianne's death. However, when the police confronted him with the concrete block, the victim's clothes and the bloodstains found in the pigpen, appellant relented and said that his neighbors, Gilbert Larin and Reynaldo Dizon, killed Marianne and that he was merely a lookout. He also said that he knew where Larin and Dizon hid the two bags of Marianne Immediately, the police took appellant to his house. Larin and Dizon, who were rounded up earlier, were likewise brought there by the police. Appellant went to an old toilet at the back of the house, leaned over a flower pot and retrieved beneath it two bags which were later identified as belonging to Marianne. Thereafter, photographs were taken of appellant and the two other suspects holding the bags, after which, they were brought back to the police station Back at the station, the mayor arrived and upon seeing the mayor, appellant Andan approached him and whispered a request that they talk privately The mayor led appellant to the office of the Chief of  Police and there, appellant broke down and said "Mayor, patawarin mo ako! I will tell you the truth. I am the one who killed Marianne." (at conyo po siya ) The mayor, for his part, opened the door of the room to ask for a lawyer to assist appellant, but there being none, he simply let the public and media representatives witness the confession In the presence of the mayor, the police, representatives of the media and appellant's own wife and son, appellant confessed his guilt  Later, he apologized to Larin and Dizon whom he falsely implicated and disclosed (re-enacted) the details of  how he committed the brutal rape and killing of  Marianne He said that the devil entered his mind because of the pornographic magazines and tabloid he read almost  everyday herein To everybody’s surprise, on arraignment, appellant entered a plea of "not guilty" He interposed an alibi on the time and date of the incident and also imputed torture against his person by the arresting and investigating police officer

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65

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  The trial court, however, was swayed by the prosecution’s case and convicted herein appellant  Andan for the rape and killing of Marianne Guevarra and sentenced him to death – hence this automatic review where the following issue was raised: WoN the trial court erred in finding him guilty of the crime charged beyond reasonable doubt by giving weight to his “public confession” during c ustodial investigation although he was not assisted by competent counsel at that time, in violation of his constitutional right  HELD: NO. The trial court correctly based its decision on the testimonies of the investigating policemen, the mayor of Baliuag and four news reporters to whom appellant  gave his extrajudicial oral confessions, even without  counsel, as captured in photographs and video footages. Hence, the decision of RTC Malolos, Bulacan is AFFIRMED and accused-appellant Pablito Andan y Hernandez is found guilty of the special complex crime of rape with homicide and is sentenced to the penalty of death. RATIO: Plainly, herein appellant assails the admission of the testimonies of the policemen, the mayor and the news reporters as to his “confession” because they were made during custodial investigation without the assistance of counsel  this must FAIL Under Sec 12 (1) & (3) of Art III of the Constitution, any person under investigation for the commission of an offense shall have the right: (1) to remain silent; (2) to have competent and independent counsel preferably of  his own choice; and (3) to be informed of such rights These rights cannot be waived except in writing and in the presence of counsel. Also, any confession or admission obtained in violation of this provision is inadmissible in evidence against him (exclusionary rule) This exclusionary rule is premised on the presumption that in a custodial investigation, a suspect is thrust into an unfamiliar atmosphere and runs through menacing police interrogation procedures where the potentiality for compulsion, physical and mostly psychological, is apparent  It should be stressed that the rights under Sec 12 are accorded to "any person under investigation for the commission of an offense" And as understood, an investigation begins when it is no longer a general inquiry into an unsolved crime but  there is now focus on a particular person as a suspect,

Perforce, appellant was already under custodial investigation when he confessed to the police (note that  herein appellant actually “confessed” twice – first when he a dmitted to being “lookout” and then his breakdown with the mayor) It is admitted that the police failed to inform appellant  of his constitutional rights when he was investigated and interrogated. His first confession is therefore inadmissible in evidence So too were the two bags recovered from appellant's house  these pieces of evidence were fruits of  appellant's first uncounselled confession to the police. They are tainted evidence, hence also inadmissible After his initial confession, appellant was detained in the police station. Later that day, the mayor arrived and it was when he made his second, highly public “confession,” which again was uncounselled This notwithstanding, said second “confession” cannot  be successfully claimed to be inadmissible While it is true that a mayor, having "operational supervision and control" over the local police, may arguably be deemed a law enforcement officer for purposes of applying Sec 12 (1) & (3) of Art III of the Constitution HOWEVER, in the instant case, appellant's confession to the mayor was not made in response to any interrogation by the latter. In fact, the mayor did not  question appellant at all It was appellant himself who spontaneously, freely and voluntarily sought the mayor for a private meeting. The mayor did not know that appellant was going to confess his guilt to him. When appellant talked with the mayor, he was deemed as a confidant and not as a law enforcement officer, hence, his uncounselled confession to him did not violate his constitutional rights It has been held that the constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the crime What the Constitution bars is the compulsory disclosure of incriminating facts or confessions. This is precisely why Sec 12, Art III has been put in place- so as to preclude the slightest use of coercion by the state as would lead the accused to admit something false HOWEVER, this does not prevent an accused from freely and voluntarily telling the truth  as in this case, appellant’s confession being clearly spontaneous and voluntary, said confession to the mayor was admissible

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66

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  The media coverage through photos and videos clearly showed that appellant made his confession willingly, openly and publicly in the presence of his wife, child and other relatives All told, his second “confession” as witnessed in good faith by the mayor and the media cannot be said to be inadmissible by being violative of Sec 12 (1) & (3) of  the Bill of Rights. This admission made by appellant are spontaneous and voluntary and were not in response to

any authoritative questioning but came from own willingness to tell the truth. And especially as to media and the private individuals present when he made his “admission,” Sec 12 particularly does not apply since the Bill of Rights only regulates the relationship of a person with the State and not the ones between individuals

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67

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Domantay J. Mendoza (1999)  

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On the afternoon of Oct 17, 1996, at around 4, the body of six-year old Jennifer Domantay was found sprawled amidst a bamboo grove in Guilig, Malasiqui, Pangasinan. The child’s body bore several stab wounds. And Jennifer had been missing since lunch time that day Preliminary medical examination conducted by the rural health physician of Malasiqui, showed that  Jennifer died of multiple organ failure secondary to 38 stab wounds at the back. No lacerations or signs of  inflammation of the outer and inner labia and the vaginal walls of the victim’s genitalia were found, although the vaginal canal easily admitted the little finger with minimal resistance. Noting possible commission of acts of lasciviousness, the investigating physician recommended an autopsy by a medico-legal expert of the NBI Meanwhile, the investigation by the Malasiqui police pointed to accused-appellant Bernardino Domantay, a cousin of the victim’s grandfather, as the lone suspect in the gruesome crime At around 6:30pm of that day, said police officers picked up appellant Domantay at the public market and took him to the police station where he, upon questioning, confessed to killing Jennifer Domantay He likewise disclosed that he had hidden the weapon used, a bayonet, in the tricycle belonging to Elsa and Jorge Casingal (his aunt and uncle) which the police recovered the next day, the same being properly receipted to evidence thereafter Initially, on the strength of the rural physician’s findings, the police charged herein appellant with murder. Later, after the body of Jennifer was examined by an NBI medico-legal expert, and finding evidence of  rape, the same charge was amended to become rape with homicide. Thereafter, an information for the same

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was later translated into Pangasinense. And that this notwithstanding, the appellant proceeded with his “confession” It was admitted by the police, though, that at no time during the course of his questioning was accusedappellant assisted by counsel. Neither was accusedappellant’s confession reduced in writing Another witness for the prosecution, a radio reporter named Celso Manuel claims to have also heard herein appellant “confess” to the crime charged against him He accordingly obtained said confession by way of a tape-recorded interview while he was assigned to report on the case On trial, this radio reporter testified that he asked the permission of the chief of police to secure an interview with the appellant. When this was granted, he testified that he properly introduced himself to the appellant  and offered to have their interview tape-recorded. According to him, appellant acceded and thereon started his confession of culpability in the rape and slay of Jennifer The defense contested the admissibility of both the police’s and the reporter’s testimony pertaining to appellant’s extra-judicial confession since they were all done without presence of a competent counsel as provided in the Bill of Rights The trial court, however, admitted these testimonies into evidence, and notwithstanding appellant’s defense of denial and alibi, it found him guilty of the crime charged and sentenced him with the supreme penalty of death – hence this automatic appeal

ISSUE: WoN the trial court erred in appreciating the appellant’s extra-judicial confessions even though they were made without assistance of counsel, in violation of  his constitutional right 

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68

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  which an individual has not been formally arrested but  has merely been “invited” for questioning  Further, a series of decisions of this Court has consistently held that for an extra-judicial confession to be admissible, it must satisfy the following requirements: (1) it must be voluntary; (2) it must be made with the assistance of competent and independent counsel; (3) it must be express; and (4) it  must be in writing  In the case at bar, when appellant Domantay was brought to the police station, he was already a suspect, in fact the only one, in the brutal slaying of Jennifer Domantay  he was, therefore, already under custodial investigation and the rights guaranteed in Art. III, §12(1) of the Constitution applied to him  As revealed in the records, when he made his confession before the police, he “orally” waived his right to the assistance of counsel. HOWEVER, this waiver was neither put in writing nor made in the presence of counsel. For this reason, the waiver waiver is invalid and his confession is inadmissible. Perforce, the bayonet confiscated through such uncounselled confession is also inadmissible by being the fruit of a poisonous tree    As to appellant’s confession to the radio reporter, the same ruling cannot be applied. Hence, said

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confession with the reporter is admissible as evidence In view of  People v. Andan, confession to the crime during interviews with the media was held to be admissible, despite the fact that the accused gave his answers without the assistance of counsel and that  confessions to the newsmen are not covered by Sec 12(1) & (3) of Art III of the Constitution Also, appellant Domantay, having the exclusive prerogative to refuse the interview, agreed to it and he answered questions freely and spontaneously. Indeed, there is no showing that the radio reporter was acting for the police or that the interview was conducted under circumstances where it is apparent that accusedappellant confessed to the killing out of fear The conviction of appellant, aside from his admitted confession, is also bolstered by the corpus delicti and other corroborating circumstantial evidence which dovetails materials points in his extra-judicial confession From the forgoing, it is well established that the accused is guilty of killing Jennifer Domantay. However, on the strength of the prosecution’s evidence, appellant  is only guilty of homicide but not rape as there was insufficient evidence to maintain that appellant  Domantay raped Jennifer

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69

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien  People v. Morada J. Mendoza (1999)  

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Herein appellant Danilo Morada was charged, tried and convicted of the crime of murder for the killing of one Jonalyn Navidad in the Municipality of Imus, Cavite The victim, Jonalyn Navidad, 17, was found, with several hack wounds on the head, near a creek. She was taken to the hospital, but she died shortly after One SPO3 Gomez (member of PNP Imus) was the first  to arrive at the crime scene after receiving the report of  the discovery of a hacking victim bear the creek  And although the victim was already taken to the hospital when he arrived at the place, he together with Brgy captain of the place searched the surrounding area and there they found a pair of slippers with a thumbtacks embedded in the insteps One of the bystanders recognized said pair of slippers as those of herein accused-appellant Morada SPO3 Gomez and the Brgy captain therefore proceeded towards the house of appellant Morada SPO3 Gomez claimed they found a stained T-shirt  hanging from a tree more or less a meter away from appellant’s house. He accordingly took said T-shirt as he suspected the red stain on it to be human blood. Also a meter away from the side of the house, he recovered a bolo with a stain on it  SPO3 Gomez then asked appellant Morada whether he knew anything about the crime, but the latter did not  answer and just kept quiet  He then "invited" accused-appellant to the police station for questioning and during oral interrogation, accused-appellant admitted that he had hacked Jonalyn Navidad However, this alleged confession was not taken down into writing allegedly because there was no available lawyer to assist accused-appellant at that time Meanwhile, the local police of Imus sent the confiscated T-shirt and bolo to the NBI for further testing where it 

WoN the trial court erred in finding him guilty beyond reasonable doubt of the crime of murder based purely on circumstantial evidence HELD: YES! The decision of the Imus RTC appealed from is REVERSED and accused-appellant Danilo Morada y Tumlod is ACQUITTED on the ground of reasonable doubt. RATIO:  The prosecution, in this case, has presented a number of circumstantial evidence which, taken together, purportedly points to a reasonable moral certainty that  the appellant is guilty of killing the Jonalyn  However, if some of the circumstances (relied on by the trial court) have not been duly established, the further question is whether the remaining ones are nevertheless sufficient to produce such conviction beyond reasonable doubt  the answer is NO.  One such circumstantial evidence which must fail the tests provided in the Constitution, Rules of Court and established jurisprudence is the alleged extra-judicial confession of appellant Morada to the police and the Brgy captain  according to the averments of the Bray captain, the appellant sought a private meeting with him, and after the same was granted, appellant  accordingly confessed  In the case at bar, it is doubtful whether, as the Brgy capt claimed, accused-appellant's confession was given divorced from the police interrogation  from the testimony of SPO3 Gomez himself, it would actually appear that the Brgy Capt’s conversation with acc usedappellant was part of the then ongoing police investigation  Since the confession was given without the safeguards in Art. III, § 12 and the additional ones provided in RA 7438, particularly the requirement that the confession

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70

CrimPro (Arrest)

 AJ | Amin | Cha | Janz | Julio | Vien 

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appellant allegedly hacked the victim when he asked the prison guard; because if he is to be believed that  appellant confessed to him, he could have asked the reason from appellant himself  With the extra-judicial confession now declared inadmissible, the circumstantial evidence left should now be tested if they still meet the quantum of proof to sustain appellant’s conviction  the answer is again, NO Aside from the confession, another strong circumstantial evidence that the prosecution used against the appellant were the T-shirt and the bolo which had been verified by the NBI to have been stained by human blood HOWEVER, it must be noted, as it has been admitted, that these items were confiscated without the proper search warrant. The testimony of SPO3 Gomez and the Brgy Capt to the effect that these items were “in plian view” is contrary to human experience/nature  the reason is obvious: if these items truly had blood stains on it, it would have been very unlikely to have left just  out there for everyone to notice The police also failed to match the alleged human blood found in these i tems with that of the victim’s Now that the probative value of the T-shirt and the bolo had been put under serious doubt, the only strong circumstantial evidence left for the prosecution is the pair of slippers found at the crime scene which two witnesses identified to belong to the appellant Morada  suffice it to say that the Court found these witnesses’ testimonies to be strange, artificial and contrary to human experience All told, no other strong circumstantial evidence is left  to sustain appellant’s conviction. Perforce, he must be acquitted