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Custodial Investigation PDF
Custodial Investigation PDF
Facts:
Petitioner
was
arrested
for
vagrancy
without
a
warrant.
During
a
line-‐up
of
5
detainees
including
petitioner,
he
was
identified
by
a
complainant
to
be
a
companion
in
a
robbery,
thereafter
he
was
charged.
Petitioner
filed
a
Motion
to
Acquit
on
the
ground
that
the
conduct
of
theline-‐up,
without
notice
and
in
the
absence
of
his
counsel
violated
his
constitutional
rights
to
counsel
and
to
due
process.
The
court
denied
said
motion.
Hearing
was
set,
hence
the
petition.
Issue:
Whether
or
Not
petitioner’s
right
to
counsel
and
due
processviolated.
Held:
No.
The
police
line-‐up
was
not
part
of
the
custodial
inquest,
hence,
petitioner
was
not
yet
entitled,
at
such
stage,
to
counsel.
He
had
not
been
held
yet
to
answer
for
a
criminal
offense.
The
moment
there
is
a
move
or
even
an
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.
On
the
right
to
due
process,
petitioner
was
not,
in
any
way,
deprived
of
this
substantive
and
constitutional
right,
as
he
was
duly
represented
by
a
counsel.
He
was
accorded
all
the
opportunities
to
be
heard
and
topresent
evidence
to
substantiate
his
defense;
only
that
he
chose
not
to,
and
instead
opted
to
file
a
Motion
to
Acquit
after
the
prosecution
had
rested
its
case.
What
due
process
abhors
is
the
absolute
lack
ofopportunity
to
be
heard.
WHEREFORE,
the
petition
is
DISMISSED.
The
temporary
restraining
order
issued
on
3
March
1981
is
LIFTED.
The
instant
case
is
remanded
to
the
respondent
court
for
further
proceedings
to
afford
the
petitioner-‐accused
the
opportunity
to
present
evidence
on
his
behalf.
2.) People vs. Macam [G.R. Nos. 91011-‐12, November 24, 1994]
Facts:
On
Aug
18,1987,
Eduardo
Macam,
Antonio
Cedro,
Eugenio
Cawilan
Jr.,
Danilo
Roque
and
Ernesto
Roque
went
to
the
house
of
Benito
Macam
(uncle
of
Eduardo
Macam)
located
at
43
Ferma
Road
QC.
Upon
the
arrival
of
the
accused,
Benito
invited
the
former
to
have
lunch.
Benito
asked
his
maid
Salvacion
Enrera
to
call
the
companions
of
Eduardo
who
were
waiting
in
a
tricycle
outside
the
house.
A.
Cedro,
E.
Cawilan
and
D.
Roque
entered
the
house
while
E.
Roque
remained
in
the
tricycle.
After
all
the
accused
had
taken
their
lunch,
Eduardo
Macam
grabbed
the
clutch
bag
of
Benito
Macam
and
pulled
out
his
uncle’s
gun
then
declared
a
hold-‐up.
They
tied
up
the
wife
(Leticia
Macam),
children,
maid
(Salvacion)
and
Nilo
Alcantara
and
brought
them
to
the
room
upstairs.
After
a
while
Leticia
was
brought
to
the
bathroom
and
after
she
screamed
she
was
stabbed
and
killed
by
A.
Cedro.
Benito,
Nilo
and
Salvacion
was
also
stabbed
but
survived.
The
total
value
of
the
items
taken
was
P536,
700.00.
After
which,
he
together
with
all
the
accused,
in
handcuffs
and
bore
contusions
on
their
faces
caused
by
blows
inflicted
in
their
faces
during
investigation,
was
brought
to
the
QC
General
Hospital
before
each
surviving
victims
and
made
to
line-‐up
for
identification.
Eugenio
Cawilan
was
also
charged
with
Anti-‐fencing
Law
but
was
acquitted
in
the
said
case.
Issue:
Whether
or
Not
their
right
to
counsel
has
been
violated.
WON
the
arrest
was
valid.
WON
the
evidence
from
the
line-‐up
is
admissible.
Held:
It
is
appropriate
to
extend
the
counsel
guarantee
to
critical
stages
of
prosecution
even
before
trial.
A
police
line-‐up
is
considered
a
“critical”
stage
of
the
proceedings.
Any
identification
of
an
uncounseled
accused
made
in
a
police
line-‐up
is
inadmissible.
HOWEVER,
the
prosecution
did
not
present
evidence
regarding
appellant’s
identification
at
the
line-‐up.
The
witnesses
identified
the
accused
again
in
open
court.
Also,
accused
did
not
object
to
the
in-‐court
identification
as
being
tainted
by
illegal
line-‐up.
The
arrest
of
the
appellants
was
without
a
warrant.
HOWEVER,
they
are
estopped
from
questioning
the
legality
of
such
arrest
because
they
have
not
moved
to
quash
the
said
information
and
therefore
voluntarily
submitted
themselves
to
the
jurisdiction
of
the
trial
court
by
entering
aplea
of
not
guilty
and
participating
in
trial.
The
court
believed
the
version
of
the
prosecution.
Ernesto
Roque,
while
remaining
outside
the
house
served
as
a
looked
out.
Wherefore,
decision
of
lower
court
is
Affirmed.
Danilo
Roque
and
Ernesto
Roque
is
guilty
of
the
crime
of
robbery
with
homicide
as
co-‐conspirators
of
the
other
accused
to
suffer
reclusion
perpetua.
3.) People vs. Judge Ayson [G.R. No. 85215, July 7, 1989]
Facts:
Felipe
Ramos
was
a
ticket
freight
clerk
of
the
Philippine
Airlines,
assigned
at
itsBaguio
City
station.
It
was
alleged
that
he
was
involved
in
irregularities
in
the
sales
of
plane
tickets,
the
PAL
management
notified
him
of
an
investigation
to
be
conducted.
That
investigation
was
scheduled
in
accordance
with
PAL's
Code
of
Conduct
and
Discipline,
and
the
Collective
Bargaining
Agreement
signed
by
it
with
the
Philippine
Airlines
Employees'
Association
(PALEA)
to
which
Ramos
pertained.
A
letter
was
sent
by
Ramos
stating
his
willingness
to
settle
the
amount
of
P76,000.
The
findings
of
the
Audit
team
were
given
to
him,
and
he
refuted
that
he
misused
proceeds
of
tickets
also
stating
that
he
was
prevented
from
settling
said
amounts.
He
proffered
a
compromise
however
this
did
not
ensue.
Two
months
after
a
crime
of
estafa
was
charged
against
Ramos.
Ramos
pleaded
not
guilty.
Evidence
by
the
prosecution
contained
Ramos’
written
admission
and
statement,
to
which
defendants
argued
that
the
confession
was
taken
without
the
accused
being
represented
by
a
lawyer.
Respondent
Judge
did
not
admit
those
stating
that
accused
was
not
reminded
of
his
constitutional
rights
to
remain
silent
and
to
have
counsel.
A
motion
for
reconsideration
filed
by
the
prosecutors
was
denied.
Hence
this
appeal.
Issue:
Whether
or
Not
the
respondent
Judge
correct
in
making
inadmissible
as
evidence
the
admission
and
statement
of
accused.
Held:
No.
Section
20
of
the
1987
constitution
provides
that
the
right
against
self-‐incrimination
(only
to
witnesses
other
than
accused,
unless
what
is
asked
is
relating
to
a
different
crime
charged-‐
not
present
in
case
at
bar).
This
is
accorded
to
every
person
who
gives
evidence,
whether
voluntarily
or
under
compulsion
of
subpoena,
in
any
civil,
criminal,
or
administrative
proceeding.
The
right
is
not
to
"be
compelled
to
be
a
witness
against
himself.”
It
prescribes
an
"option
of
refusal
to
answer
incriminating
questions
and
not
a
prohibition
of
inquiry."
the
right
can
be
claimed
only
when
the
specific
question,
incriminatory
in
character,
is
actually
put
to
the
witness.
It
cannot
be
claimed
at
any
other
time.
It
does
not
give
a
witness
the
right
to
disregard
a
subpoena,
to
decline
to
appear
before
the
court
at
the
time
appointed,
or
to
refuse
to
testify
altogether.
It
is
a
right
that
a
witness
knows
or
should
know.
He
must
claim
it
and
could
be
waived.
Rights
in
custodial
interrogation
as
laid
down
in
miranda
v.
Arizona:
the
rights
of
the
accused
include:
1)
he
shall
have
the
right
to
remain
silent
and
to
counsel,
and
to
be
informed
of
such
right.
2)
nor
force,
violence,
threat,
intimidation,
or
any
other
means
which
vitiates
the
free
will
shall
be
used
against
him.
3)
any
confession
obtained
in
violation
of
these
rights
shall
be
inadmissible
in
evidence.
The
individual
may
knowingly
and
intelligently
waive
these
rights
and
agree
to
answer
or
make
a
statement.
But
unless
and
until
such
rights
and
waivers
are
demonstrated
by
the
prosecution
at
the
trial,
no
evidence
obtained
as
a
result
of
interrogation
can
be
used
against
him.
4.)
People
vs.
Pinlac
[G.R.
Nos.74123-‐24,
September
26,
1988]
Facts:
The
accused
was
convicted
for
two
separate
criminal
cases
for
robbery
and
robbery
with
homicide.
He
assailed
his
conviction
on
the
contention
that
the
court
erred
in
admitting
his
extrajudicial
confession
as
evidence
which
was
taken
by
force,
violence,
torture,
and
intimidation
without
having
appraised
of
his
constitutional
rights
and
without
the
assistance
of
counsel.
Issue:
Whether
or
not
due
process
was
observed
during
the
custodial
investigation
of
the
accused.
Held:
The
court
find
it
meritorious
to
declare
that
the
constitutional
rights
of
the
accused
was
violated
in
the
failure
of
the
authorities
in
making
the
accused
understand
the
nature
of
the
charges
against
him
without
appraising
him
of
his
constitutional
right
to
have
a
counsel
during
custodial
investigation.
Moreover
the
prosecution
merely
presented
the
extrajudicial
confession
of
the
accused
which
is
inadmissible
as
evidence
and
the
other
evidences
provided
therein
are
merely
circumstantial
and
subject
for
rebuttal.
The
court
acquitted
the
accused.
WHEREFORE,
the
appealed
Decision
is
REVERSED
and
SET
ASIDE,
and
the
petitioner
is
hereby
ACQUITTED.
5.) People vs. Bolanos [G.R. No. 101808, July 3, 1992]
Facts:
Oscar
Pagdalian
was
murdered
in
Marble
Supply,
Balagtas
Bulacan.
According
to
Pat.
Rolando
Alcantara
and
Francisco
Dayao,
deceased
was
with
two
companions
on
the
previous
night,
one
of
whom
the
accused
who
had
a
drinking
spree
with
the
deceased.
When
they
apprehended
the
accused
they
found
the
firearm
of
the
deceased
on
the
chair
where
the
accused
was
allegedly
seated.
They
boarded
accused
along
with
Magtibay,
other
accused
on
the
police
vehicle
and
brought
them
to
the
police
station.
While
in
the
vehicle
Bolanos
admitted
that
he
killed
the
deceased.
RTC
convicted
him
hence
the
appeal.
Issue:
Whether
or
Not
accused-‐appellant
deprived
of
his
constitutional
right
to
counsel.
Held:
Yes.
Being
already
under
custodial
investigation
while
on
board
the
police
patrol
jeep
on
the
way
to
the
Police
Station
where
formal
investigation
may
have
been
conducted,
appellant
should
have
been
informed
of
his
Constitutional
rights
under
Article
III,
Section
12
of
the
1987
Constitution,
more
particularly
par.
1
and
par.
3.
WHEREFORE,
finding
that
the
Constitutional
rights
of
the
accused-‐appellant
have
been
violated,
the
appellant
is
ACQUITTED,
with
costs
de
oficio.
6.) People vs. Andan [G.R. No. 116437, March 3, 1997]
Andan's
confessions
to
the
media
were
properly
admitted.
The
confessions
were
made
in
response
to
questions
by
news
reporters,
not
by
the
police
or
any
other
investigating
officer.
Statements
spontaneously
made
by
a
suspect
to
news
reporters
on
a
televised
interview
are
deemed
voluntary
and
are
admissible
in
evidence.
The
Bill
of
Rights
does
not
concern
itself
with
the
relation
between
a
private
individual
and
another
individual.
It
governs
the
relationship
between
the
individual
and
the
State.
The
prohibitions
therein
are
primarily
addressed
to
the
State
and
its
agents.
7.)
Navallo
vs.
Sandiganbayan
[G.R.
No.97214,
July
18,
1994]
Facts:
Accused
was
the
Collecting
and
Disbursing
Officer
of
the
Numancia
National
Vocational
School,
which
school
is
also
located
at
del
Carmen,
Surigao
del
Norte.
His
duties
included
the
collection
of
tuition
fees,
preparation
of
vouchers
for
salaries
of
teachers
and
employees,
and
remittance
of
collections
exceeding
P500.00
to
the
National
Treasury.
An
information
for
malversation
of
public
funds
was
filed.
A
warrant
of
arrest
was
issued,
but
accused-‐
petitioner
could
not
be
found.
on
10
December
1978,
Presidential
Decree
No.
1606
took
effect
creating
the
Sandiganbayan
and
conferring
on
it
original
and
exclusive
jurisdiction
over
crimes
committed
by
public
officers
embraced
in
Title
VII
of
the
Revised
Penal
Code.
On
15
November
1984,
Navallo
was
finally
arrested.
He
was
released
on
provisional
liberty
upon
the
approval
of
his
property
bail
bond.
When
arraigned
by
the
RTC
on
18
July
1985,
he
pleaded
not
guilty.
Upon
motion
of
the
prosecution,
the
RTC
transferred
the
case
and
transmitted
its
records
to
the
Sandiganbayan.
Special
Prosecutor
Luz
L.
Quiñones-‐Marcos
opined
that
since
Navallo
had
already
been
arraigned
before
the
case
was
transferred
to
the
Sandiganbayan,
the
RTC
should
continue
taking
cognizance
of
the
case.
The
matter
was
referred
to
the
Office
of
the
Ombudsman
which
held
otherwise.
The
information
was
then
docketed
with
the
Sandiganbayan.
A
new
order
for
Navallo's
arrest
was
issued
by
the
Sandiganbayan.
The
warrant
was
returned
with
a
certification
by
the
RTC
Clerk
of
Court
that
the
accused
had
posted
a
bail
bond.
Navallo
filed
a
motion
to
quash,
contending
(1)
that
the
Sandiganbayan
had
no
jurisdiction
over
the
offense
and
the
person
of
the
accused
and
(2)
that
since
the
accused
had
already
been
arraigned
by
the
RTC,
the
attempt
to
prosecute
him
before
the
Sandiganbayan
would
constitute
double
jeopardy.
However
this
was
denied
and
trial
ensued
and
he
was
found
guilty.
Held:
No.
Appellant
is
not
in
custodial
investigation.
A
person
under
a
normal
audit
examination
is
not
under
custodial
investigation.
An
audit
examiner
himself
can
hardly
be
deemed
to
be
the
law
enforcement
officer
contemplated
in
the
above
rule.
In
any
case,
the
allegation
of
his
having
been
"pressured"
to
sign
the
Examination
Report
prepared
by
Dulguime
(examined
cash,
as
ordered
by
Espino,
the
provincial
auditor)
appears
to
be
belied
by
his
own
testimony.
Issue:
Pat.
Padilla
reported
along
with
Benny
Dy,
with
caliber
.38
as
suspect
to
the
shooting
incident
at
"Benny's
Bar,"
at
Sitio
Angol,
Manoc-‐Manoc
Malay,
Aklan
(Boracay)
situated
on
the
Island
which
caused
thedeath
of
Christian
Langel
Philippe,
tourist,
24
years
old
and
a
Swissnationale.
He
was
charged
with
the
Murder
With
the
Use
of
Unlicensedfirearms.
Held:
Appellant's
voluntary
surrender
implies
no
violation
as
"no
warrant
of
arrest
is
issued
for
the
apprehension
of
the
accused
for
the
reason
that
he
is
already
under
police
custody
before
the
filing
of
the
complaint."
What
was
told
by
the
Accused
to
Pat,
Padilla
was
a
spontaneous
statement
not
elicited
through
questioning,
but
given
in
ordinary
manner.
No
written
confession
was
sought
to
be
presented
in
evidence
as
a
result
of
formal
custodial
investigation.
9.)
People
vs.
Alicando
[G.R.
No.
117487,
December
12,
1995]
Facts:
Appellant
was
charged
with
the
crime
of
rape
with
homicide
of
Khazie
Mae
Penecilla,
a
minor,
four
years
of
age,
choking
her
with
his
right
hand.
The
incident
happened
after
appellant
drank
liquor.
A
neighbor,
Leopoldo
Santiago
found
the
victim’s
body
and
the
parents
and
police
were
informed.
Appellant
was
living
in
his
uncle's
house
some
five
arm's
length
from
Penecilla's
house.
Appellant
was
arrested
and
interrogated
by
PO3
Danilo
Tan.
He
verbally
confessed
his
guilt
without
the
assistance
of
counsel.
On
the
basis
of
his
uncounselled
verbal
confession
and
follow
up
interrogations,
the
police
came
to
know
and
recovered
from
appellant's
house,
Khazie
Mae's
green
slippers,
a
pair
ofgold
earrings,
a
buri
mat,
a
stained
pillow
and
a
stained
T-‐shirt
all
of
which
were
presented
as
evidence
for
the
prosecution.
He
was
arraigned
with
the
assistance
of
Atty.
Rogelio
Antiquiera
of
the
PAO.
Appellant
pleaded
guilty.
The
RTC
convicted
him.
Hence
an
automatic
review
for
the
imposition
of
death
penalty.
Held:
It
is
not
only
the
uncounselled
confession
that
is
condemned
as
inadmissible,
but
also
evidence
derived
therefrom.
The
pillow
and
the
T-‐shirt
with
the
alleged
bloodstains
were
evidence
derived
from
the
uncounselled
confession
illegally
extracted
by
the
police
from
the
appellant.
Again,
the
testimony
of
PO3
Tan
makes
this
all
clear.