People vs Tan

Facts:
Accused-appellant Herson Tan, along with Lito Amido were charged with the
crime of highway robbery with murder before the RTC in Quezon Province.
On December 5, 1988, Tricycle driver Freddie Saavedra was last seen by his
wife when he informed her that he will the drive herein accused-appellants to
barangay Maligaya however that was the last time the victim was seen alive.

Police officers then invited appellant in connection with the instant case and
with respect to two other cases reported in Lucena City.
During their discussion, appellant allegedly gave an explicit account of what
actually transpired in the case at ba. He admitted to the robbery and selling
of the motorcycle as wellas the consequent death of the victim.
Lt. Carlos who invited the appellant before was cross examined and testified
that he had no warrant of arrest and that he did not inform the accused of his
constitutional rights on the belief that they were merely conversing.
Appellant on the other hand alleged that he had no participation in the
offense charged and that he was only involved in the selling of the
motorcycle.
His companion Amido presented an alibi as his defense

Trial Courts Decision:

Appellant is guilty beyond reasonable doubt.
Amido is acquitted for insufficiency of evidence.
CA:

No mention of their ruling.

Issue:
WON the confession of an accused, given before a police investigator upon
invitation and without the benefit of counsel, be admissible in evidence
against him.
Ruling:
No, it is well-settled that the Constitution abhors an uncounselled confession
or admission and whatever information is derived therefrom shall be
regarded as inadmissible in evidence against the confessant (Art 3, Sec 12
Par 1 and 3).
RA 7438 provided in depth that custodial investigation shall include the
practice of issuing an invitation to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice to the
liability of the inviting officer for any violation of law.
SC:

RTC ruling reversed and set aside. Accused-appellant is acquitted.