RIGHTS DURING CUSTODIAL INVESTIGATION POLITICAL LAW REVIEW II

PEOPLE OF THE PHILIPPINES v. JOSELITO DEL ROSARIO

G.R. No. 127755, April 14, 1999, Bellosillo, J.

FACTS: Accused Joselito del Rosario y Pascual was found guilty as co-principal in the crime of
Robbery with Homicide and was sentenced to death. His conviction was founded on the
testimony of a tricycle driver who testified that the accused was the one who drove the tricycle
suspected to have been used as their get-away vehicle. Del Rosario was then invited by the
police for questioning and he pointed to the location where he dropped of the suspects. When
the police arrived at the supposed hide-out, a shooting incident ensued, resulting to the death of
some of the suspects.

After the incident, the accused was taken back to the precinct where his statement was taken
on May 14, 1996. However, this was only subscribed on May 22, 1996 and the accused was
made to execute a waiver of detention in the presence of Ex-Judge Talavera. It was noted that
the accused was handcuffed through all this time upon orders of the fiscal and based on the
authorities' belief that the accused might attempt to escape otherwise.

ISSUE: Was there a violation of Del Rosario’s constitutional rights as an accused under
custodial investigation?

RULING: YES. It was established that the accused was not appraised of his rights to remain
silent and to have competent and independent counsel in the course of the investigation. The
Court held that the accused should always be appraised of his Miranda rights from the moment
he is arrested by the authorities as this is deemed the start of custodial investigation. In fact, the
Court included invitations by police officers in the scope of custodial investigations.

Custodial investigation is the stage where the police investigation is no longer a general inquiry
into an unsolved crime but has begun to focus on a particular suspect taken into custody by the
police who carry out a process of interrogation that lends itself to elicit incriminating statements.
It is well-settled that it encompasses any question initiated by law enforces after a person has
been taken into custody or otherwise deprive of his freedom of action in any significant way. 41
This concept of custodial investigation has been broadened by RA 7438 42 to include "the
practice of issuing an "invitation" to a person who is investigated in connection with an offense
he is suspected to have committed."

It are evident in this case that when the police invited the accused-appellant to the station, he
was already considered as the suspect in the case. Therefore, the questions asked of him were
no longer general inquiries into an unsolved crime, but were intended to elicit information about
his participation in the crime. However, the Miranda rights may be waived, provided that the
waiver is voluntary, express, in writing and made in the presence of counsel. Unfortunately, the
prosecution failed to establish that the accused made such a waiver.