Filoteo vs Sandiganbayan

FACTS:

Petitioner Jose D. Filoteo, Jr. was a police investigator of the Western Police District in Metro Manila, an
old hand at dealing with suspected criminals. A recipient of various awards and commendations
attesting to his competence and performance as a police officer, he could not therefore imagine that
one day he would be sitting on the other side of the investigation table as the suspected mastermind of
the armed hijacking of a postal delivery van.

Petitioner claims that such proscription against an uncounselled waiver of the right to counsel is
applicable to him retroactively, even though his custodial investigation took place in 1983 -- long before
the effectivity of the new Constitution. He also alleges that his arrest was illegal, that his extrajudicial
confession was extracted through torture, and that the prosecutions evidence was insufficient to convict
him.

ISSUE: Whether or not respondent Court erred in admitting his extrajudicial confession notwithstanding
uncontradicted testimony and documentary proof that he was made to sign the same through torture,
maltreatment, physical compulsion, threats and intimidation and without the presence and assistance of
counsel?

HELD: By parity of reasoning, the specific provision of the 1987 Constitution requiring that a waiver by
an accused of his right to counsel during custodial investigation must be made with the assistance of
counsel may not be applied retroactively or in cases where the extrajudicial confession was made prior
to the effectivity of said Constitution. Accordingly, waivers of the right to counsel during custodial
investigation without the benefit of counsel during the effectivity of the 1973 Constitution should, by
such argumentation, be admissible. Although a number of cases held that extrajudicial confessions
made while the 1973 Constitution was in force and effect, should have been made with the assistance of
counsel,[64] the definitive ruling was enunciated only on April 26, 1983 when this Court, through
Morales, Jr., vs. Enrile,[65] issued the guidelines to be observed by law enforcers during custodial
investigation. The court specifically ruled that (t)he right to counsel may be waived but the waiver shall
not be valid unless made with the assistance of counsel.

Petitioners contention that Article III, Section 12 of the 1987 Constitution should be given retroactive
effect for being favorable to him as an accused, cannot be sustained. While Article 22 of the Revised
Penal Code provides that (p)enal laws shall have a retroactive effect insofar as they favor the person
guilty of a felony who is not a habitual criminal, what is being construed here is a constitutional
provision specifically contained in the Bill of Rights which is obviously not a penal statute. A bill of rights
is a declaration and enumeration of the individual rights and privileges which the Constitution is
designed to protect against violations by the government, or by individuals or groups of individual. It is a
charter of liberties for the individual and a limitation upon the power of the state.