This case has been cited 2 times or more.
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2011-03-02 |
VELASCO JR., J. |
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| Accused-appellant was not informed of his rights, nor was there a waiver of said rights. Thus, the information elicited is inadmissible, and the evidence garnered as the result of that interrogation is also inadmissible. This parallels Aballe v. People,[26] wherein the accused in that case was questioned without the presence of counsel, and later produced the weapon used in killing the victim, also making an extrajudicial confession admitting his guilt. In that particular case, it was held, "Together with the extrajudicial confession, the fatal weapon is but a fruit of a constitutionally infirmed interrogation and must consequently be disallowed."[27] | |||||
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2004-06-14 |
PUNO, J. |
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| Consequently, the rights of a person under custodial investigation, including the right to counsel, have already attached to the Adors, and pursuant to Art. III, Sec. 12(1) and (3), 1987 Constitution, any waiver of these rights should be in writing and undertaken with the assistance of counsel. Admissions under custodial investigation made without the assistance of counsel are barred as evidence.[78] The records are bare of any indication that the accused have waived their right to counsel, hence, any of their admissions are inadmissible in evidence against them. As we have held, a suspect's confession, whether verbal or non-verbal, when taken without the assistance of counsel without a valid waiver of such assistance regardless of the absence of such coercion, or the fact that it had been voluntarily given, is inadmissible in evidence, even if such confession were gospel truth.[79] Thus, in Aballe v. People,[80] the death weapon, a four-inch kitchen knife, which was found after the accused brought the police to his house and pointed to them the pot where he had concealed it, was barred from admission as it was discovered as a consequence of an uncounseled extrajudicial confession. | |||||