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PEOPLE vs RAMOS, 186 SCRA 184 (1990)

Facts:

On 29 November 1982, the accused was arrested in tests buys operation, using
marked money, for selling marijuana cigarettes. Marked money was recovered in the
possession of the accused. Also, 20 sticks of marijuana cigarettes in a trash can
placed under the small table where Ramos displayed the wares she was selling were
recovered after the search. Ramos was thereafter brought to the station. At the
station, Ramos executed a statement confessing to her crimes without the presence
of a counsel which she swore to before Assistant City Fiscal.

Issue

Whether or not the extra-judicial confession of Ramos at the station is valid?

Held:

No. The extrajudicial confession extracted from the accused on November 29, 1982
is inadmissible in evidence for being violative of the Constitutional mandate that any
person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. (Art. III, Section 12(l), Constitution)

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