Gamboa vs Cruz G.R. No. L-56291 June 27, 1988 Facts: Gamboa was arrested for vagran !

w"t#out a warrant of arrest. $#e fo%%ow"ng da!, dur"ng t#e %"neu& of 5 deta"nees, 'erna% &o"nted to Gamboa "dent"f!"ng #"m as a om&an"on. (fter "dent"f" at"on, Gamboa was ordered to sta! and was to%d to s"t down "n front of 'erna%. $#ereafter, an "nformat"on for robber! was f"%ed aga"nst Gamboa, and #ear"ngs were #e%d. )et"t"oner, b! ounse%, f"%ed a *ot"on to ( +u"t or ,emurrer to -v"den e on t#e ground t#at t#e ondu t of t#e %"ne-u&, w"t#out not" e to, and "n t#e absen e of ounse% v"o%ated #"s onst"tut"ona% r"g#ts to ounse% and due &ro ess. $#e .ourt of /"rst 0nstan e den"ed t#e *ot"on to ( +u"t. Gamboa t#en f"%ed t#e &et"t"on for ert"orar" and &ro#"b"t"on. Issue: 1#et#er Gamboa was ent"t%ed to ounse%, as &art of #"s r"g#t "n "nvest"gat"on, at t#e t"me #e was &%a ed "n a &o%" e %"ne-u&. ustod"a%

Held: $#e &o%" e %"ne-u& "n t#"s ase was not &art of t#e ustod"a% "n+uest, #en e, Gamboa was not !et ent"t%ed at su # stage to ounse%. $#e r"g#t to ounse% atta #es u&on t#e start of an "nvest"gat"on, ".e. w#en t#e "nvest"gat"ng off" er starts to as2 +uest"ons to e%" "t "nformat"on and3or onfess"ons or adm"ss"ons from t#e res&ondent3a used. (t su # &o"nt, t#e &erson be"ng "nterrogated must be ass"sted b! ounse% to avo"d t#e &ern" "ous &ra t" e of e4tort"ng fa%se or oer ed adm"ss"ons or onfess"ons from t#e %"&s of t#e &erson undergo"ng "nterrogat"on, for t#e omm"ss"on of an offense.