Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 31, Quezon City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Criminal Case No. 007

For: Murder

JULIO MADIAGA,
Accused,
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MOTION TO EXCLUDE EVIDENCE

The ACCUSED, by counsel, respectfully moves for the suppression

of evidence of the extrajudicial confession executed by the accused during
the custodial investigation on 21 September 2020, based on the following
considerations:

1. The accused was maltreated and tortured by the police officers to

extract the extrajudicial confession from him, in violation of Article
III, Section 12, paragraph 2 of the 1987 Constitution.
2. The lawyer present during the execution of the extrajudicial
confession was not the counsel envisioned in the Constitution,
particularly in Article III, Section 12, paragraph 1, thereby depriving
the accused of the right to be assisted by a competent and
independent counsel.

DISCUSSION

[1] The accused was maltreated

and tortured to extract the
extrajudicial confession from him.
 1. Article III, Section 12, paragraph 2 of the 1987 Constitution states
that:
“No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will
shall be used against him.” (Emphasis Supplied)
2. The accused was brought in for interrogation in the Quezon City
Police Station 6 by SPO1 Joseph Lopez on 20 September 2020 at 8:15
in the evening as he was accused of killing Mikhail Tiu in the latter’s
house on 16 September 2020.
3. Despite the accused’s repeated denial, claiming that he was not the
killer, SPO1 Lopez showed no mercy and brought him to a dark room
where he was tortured by means of burning his legs and punching his
chest repeatedly. SPO1 Lopez, along with another man, insisted on
the accused’s involvement in the killing. The accused claimed that he
executed the extrajudicial confession due to the promise by the SPO1
Lopez that until it was executed, the beating would not end.
4. These unspeakable acts, reflective of the dark days of Martial Law,
are blatant violations of the 1987 Constitution. Thus, the extrajudicial
confession must be suppressed for inadmissibility.

[2] The lawyer present during

the execution of the extrajudicial
confession was not the counsel
envisioned in the Constitution.

5. Article 3, Section 12, paragraph 1 of the 1987 Constitution provides:

“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. If the person cannot afford the
services of counsel, he must be provided with one.
 These rights cannot be waived except in writing
and in the presence of counsel.” (Emphasis
Supplied)
6. In executing the extrajudicial confession, the accused was with SPO1
Joseph Lopez and a certain Atty. Martin Nool.
7. The accused claims that the extrajudicial confession was executed
upon the arrival of Atty. Nool.
8. Atty. Nool did not engage in a conversation with the accused and left
as soon as he finished signing the documents.
9. It was found out that Atty. Nool is also part of the police, stationed at
the Quezon City Police Station 5 in Fairview, Quezon City.
10. According to People v. Obrero, a lawyer who is part of the police
force could not be expected to assist in the custodial investigation
effectively and scrupulously.
11. Thus, the right of the accused of a competent and independent
counsel was deprived of the accused.

WHEREFORE, it is respectfully prayed that the extrajudicial

confession by the accused executed on 21 September 2020 be declared
INADMISSIBLE for the violation of rights enshrined in the 1987
Constitution.
Quezon City; 22 September 2020.

(Sgd.) Harry Ares

Counsel for Accused
Batasan Hills, Quezon City