People vs.

Morada 
G.R. No. 129723, May 19, 1999

Facts:
Danilo Morada was charged, tried and convicted of the crime of murder for the killing of one
Jonalyn Navidad in the Municipality of Imus, Cavite. The victim, Jonalyn Navidad, 17, was
found, with several hack wounds on the head, near a creek. "he was taken to the hospital, but she
died shortly after. Accused- appellant his confession was not taken down into writing allegedly
because there was no available lawyer to assist accused appellant at that time Morada s
defense, he testified that he had no knowledge of the crime and interposed an alibi. He also
assails the admissibility of the police’s statement as to his “confession” saying that he was beaten
up to make him admit to the killing of Jonalyn Navidad. The court convicted the ACCUSED-
APPELLANT OF MURDER AND SENTENCING HIM TO SUFFER THE PENALTY OF
DEATH BASED ON PURELY CIRCUMSTANTIAL EVIDENCE

Issue:
Whether or not the verbal confession of the accused to Barangay Captain is admissible.

Ruling:
No, the verbal confession to barangay captain is inadmissible.

Constitution provides that any confession or admission obtained in violation of this or Sec.17
hereof shall ne inadmissible in evidence against him.

In the case at bar, it would appear that Barangay Captain Manimbao's conversation with accused-
appellant was part of the then ongoing police investigation. In fact, he said it as SPO3 Gomez
who told him about the alleged desire of accused-appellant to see him (Manimbao). Since the
confession was admittedly given without the safeguards in Art. III, Sec. 12 and the additional
ones provided in R.A. No. 7438, particularly the requirement that the confession be in writing
and duly signed by the suspect in the presence of counsel, we hold that accused-appellant's
confession is inadmissible the verbal confession of the accused to Barangay Captain Manimbao
was made in the course of custodial investigation.

Therefore, the verbal confession to barangay captain is an inadmissible.