MURAO, JOSE PEPITO III

I. Article III Section 12, Confession Without Counsel:

People v. Maqueda G.R. No. 112983

Facts:
At around 6: 00 a.m. of August 27, 1991, in Tuba Benguet, Rene Salvamante, the former house-help of the
Barkers who also acquainted the current house-helpers of their chores, confronted the current house-helpers
of Horace Barker and Teresita Mendoza Barker. Salvamante suddenly strangled one house-help while
another man, later identified in trial as Hector Maqueda, chased the other house-help while holding a lead
pipe. This commotion awakened Teresita Barker and she went downstairs only to be beat up by the two
assailants with lead pipes. As Teresita was subdued and lost consciousness and with the house-help locking
themselves inside a room for protection, Horace Barker’s moans and pleas were heard inside the home. At
7:00 a.m. of the same day, two men resting in a waiting shed a kilometer away from the house of the
Barkers, reportedly saw Salvamante and Maqueda men carrying a black bag and the two assailants asked
whether the road they were in led to La Union and the assailants also boarded a jeepney which stopped in
front of the waiting shed. Meanwhile, the two house-help gathered enough courage to leave the room they
barricaded for safety and saw the Barkers bathed in their own blood. Teresita was in a comatose state but
later recovered while her husband died from twenty-seven injuries caused by a blunt instrument.
On March 4, 1992, officials from Guinyangan relayed to Tuba police that Hector Maqueda also known as
‘putol’ for his deformed hand, was arrested in said Guinyangan Quezon. Maqueda was then taken to the
headquarters of the 235th PNP Mobile Force Company at Calauag, Quezon wherein his statement was taken
on the events that day through an uncounselled Sinumpaang Salaysay. Subsequently, Maqueda also
expressed his willingness to be a state witness and he also filed a Motion to Grant Bail. In a later
conversation with Executive Vice President of Baguio College Foundation (BCF), Maqueda reportedly
divulged similar facts as the house-help and Teresita Barker posits but qualified the same as he was merely
convinced by Salvamante to rob the latter’s former employers.
For his official defense, Hector Maqueda said that he had worked as a caretaker of a polvoron company and
that he was teaching new employees how to make seasoning for the polvoron on August 27, 1991. He said
that he only went home to Guinyangan, Quezon Province on December 20,1991 for vacation. He also
clarified that he and Salvamante were childhood playmates and grew up to be mere acquaintances. It is
important to note that Rene Salvamante remained at large during the span of these proceedings.
The trial court found Hector Maqueda guilty beyond reasonable doubt of robbery with homicide and
serious physical injuries.
Issue: W/N the uncounselled Sinumpaang Salaysay subscribed to by Maqueda was admissible as evidence
against him?
Held:
NO. Although he was informed of his rights, Maqueda was uncounselled and was already facing charges in
court. The trial court position that Maqueda was not entitled to right to counsel and right not to be
compelled to be a witness against himself is unwarranted as Section 12 of Article III of the Constitution
applies to the entirety of the time an accused is under investigation for a crime. Meanwhile, Maqueda’s
admissions to Salvosa and another to Prosecutor Zarate were made in the context of his plea as state
witness and not to implicate him further for the crime. As such, the admissions are admissible as evidence.
Thus, in light with his admissions to Salvosa and Zarate along with the circumstantial evidence gathered
from the testimonies of witnesses, Maqueda’s petition is necessarily DISMISSED.