Q03 – People vs Bolanos

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.