PEOPLE v.

MORIAL
G.R. No. 129295 August 15, 2001

FACTS:

Edwin Morial, Leonardo Morial and Nonelito Abinon were convicted of Robbery with
Homicide. During the custodial investigation, Leonardo Morial made an extrajudicial confession
admitting to the crime. However, later on, he recanted his confession saying that the police
tortured him into admitting the crime. On appeal, Morial moved to quash the extrajudicial
confession claiming that such confession was made without the assistance of counsel given him
by the police was not present during the whole interrogation. He left to attend some personal
matters while the interrogation of Morial was still going on. However, said attorney claimed that
he was present when Morial signed the admission.

ISSUE:

Whether or not the extrajudicial confession can be used as evidence against the accused.

RULING:

The extrajudicial confession cannot be used against the accused. An excused under custodial
interrogation must continuously have a counsel assisting him from the very start until the
termination of such investigation. An effective and vigilant counsel ―necessarily and logically
requires that the lawyer be present and able to advise and assist his client from the time the
confessant answers the first question asked by the investigating officer until the signing of the
confessant answers the first question asked by the investigating officer until the signing of the
extrajudicial confession.‖ Section 2A of RA No 7438 requires that ―any person arrested,
detained or under custodial investigation shall at all times be assisted by counsel. In the absence
of any lawyer, no custodial investigation shall be conducted‖. Additionally, there was an invalid
waiver of the right to counsel since this right cannot be waived unless the same is made in
writing and in the presence of counsel. No such written and counseled waiver of these rights was
offered in evidence.