Andes, John Edcel Q.

(201921165) LAW 124 Remedial Law 1 (Criminal Procedure)

Block 2-C

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROSECUTOR
Municipality of Balaoan

PEOPLE OF THE PHILIPPINES

Complainant,
-versus- I. S. No. ___________
For: Rape with Homicide
PACITO ORDOÑO Y NEGRANZA,
Accused
xx--------------------------------------xx

MOTION TO SUPPRESS EVIDENCE UNLAWFULLY OBTAINED

The ACCUSED, by counsel, respectfully moves for the suppression of the extrajudicial
confession executed on 10 August 1994, based on following considerations:
1. That the supposed waiver of the right of the accused to counsel, had not been in writing, nor
was it in the presence of counsel.
Discussion

1. That the supposed waiver of the right of the accused to counsel, had not been in writing, nor was it in
the presence of counsel.
1. Art III, Section 12 (1) of the 1987 Constitution mandates that any person under investigation
for the commission of an offense shall have the right to have competent and independent
counsel preferably of his own choice, and if the person cannot afford the services of counsel,
he must be provided with one.
2. The accused went to the police station on 10 August 1994, one day after the killing of a young
girl named Shirley Victore, and acknowledged that he had committed the crime.
3. Acting on his admission, the police immediately conducted an investigation and put his
confession into writing.
4. The accused had no preference as to who would be his counsel.
5. The investigators however could not get the services of a lawyer to assist the accused in the
course of the investigation because there were no practicing lawyers in the Municipality of
Santol, a remote town of the Province of La Union.
6. Pursuant to RA 7438, the investigation was conducted with the Parish Priest, the Municipal
Mayor, the Chief of Police and other police officers of Santol, La Union, in attendance to
listen to and witness the giving of the voluntary statements of the suspect who admitted their
participation in the crime.
7. However, the two (2) conditions for RA 7438’s application have not been met, namely that:
(1) counsel of the accused must be present, and (2) a valid waiver must be executed.
8. A couple of days later, the police brought the accused to the office of the PAO lawyer in
Balaoan, La Union, for assistance and counseling. PAO lawyer Oscar B. Corpuz apprised the
accused of his constitutional rights and explained to him each of the questions and answers
taken during the investigation.
9. However, this appraisal could not cure the absence of counsel during the custodial
investigation when the extrajudicial statements were being taken.
Andes, John Edcel Q. (201921165) LAW 124 Remedial Law 1 (Criminal Procedure)
Block 2-C

10. Art. III, Section 12 (3) states that any confession or admission obtained in violation of Section
12 of the same Article shall be inadmissible in evidence against the accused. There being no
valid waiver in the presence of the accused’s counsel, the aforementioned extrajudicial
confession of the accused is inadmissible as evidence.

WHEREFORE, it is respectfully prayed that the extrajudicial confession executed on 10 August

1994 be declared INADMISSIBLE under the exclusionary rule in Article III, Section 12 (3) in relation to
Section 12 (1) of the 1987 Constitution.

Municipality of Balaoan; 15 September 1994.

(Sgd. John Edcel Andes)

Counsel for Accused
[Municipality of Balaoan, La Union]
PLUS:
1. Request for and Notice of Hearing
2. Proof of Service