People v. Agustin, GR 247718. Mar.

03, 2021

Facts:

Agustin was indicted for the crime of Rape with Homicide in an Information,[4] dated
November 3, 2010, To substantiate its charge against Agustin, the prosecution
presented BBB the mother of the victim, Dr. Francisco Romulo D. Villaflor (Dr. Villaflor),
Atty. Luis Donato, Jr. (Atty. Donato, Jr.), Barangay Captain Alfredo Ruam (Brgy. Capt.
Ruam) and Police Officer 3 Joel Mora (PO3 Mora) as its witnesses. BBB, the mother of
AAA, testified to her daughter's age and the circumstances surrounding her death. Dr.
Villaflor, a medico-legal officer, described AAA's injuries, including those consistent with
strangulation and sexual assault. He noted injuries to her genitalia and concluded that
they were inflicted within the last two or three days before the examination. Atty.
Donato, Jr. recounted his involvement in Agustin's confession, stating that the police
officers requested for his presence at the police station to render assistance to Agustin
who wants to give a confession relative to the commission of a crime. Agustin
confessed to the rape and killing of AAA during police interrogation. He affirmed that he
informed Agustin of his rights and translated the proceedings between Agustin and the
investigating officer. Atty. Donato, Jr. clarified that his purpose for coming over to the
police station was to ask Agustin if the latter wants his assistance while said accused
gives his confession/statement. He described the accused as unschooled, that the latter
cannot read nor write.
Agustin, on the other hand testified in his defense, denying any involvement in the rape
and homicide of AAA. He denied placing his thumbprint on the extrajudicial confession
and claimed not to know Atty. Donato, Jr. He also denied affixing his thumbmark on any
other document when brought to Tuguegarao City by the police. Agustin admitted
knowing Brgy. Capt. Ruam and AAA's family but denied knowledge of AAA's death on
November 1, 2010. He asserted that he never attended school and therefore cannot
read or write.

Issue:
WoN Atty. Donato act as a competent and independent counsel envisioned by the
Constitution.

Ruling:
No. The words "competent and independent counsel" in the constitutional provision is
not an empty rhetoric. It emphasizes the need to provide the accused with a diligent and
capable lawyer who will fully safeguard his constitutional rights while under the uniquely
stressful conditions of a custodial investigation. Swept into a strange and unfamiliar
environment and surrounded by intimidating police officers, the suspect really needs the
guiding hand of an effective and vigilant counsel. The Court's ruling in People v.
Peñaflor[35] is instructive on this score, to wit:
To be a competent and independent counsel in a custodial investigation, the lawyer so
engaged should be present at all stages of the interview, counselling or advising caution
reasonably at every turn of the investigation, and stopping the interrogation once in a
while either to give advice to the accused that he may either continue, choose to remain
silent or terminate the interview. It has been made clear that counsel should be present
and able to advise and assist his client from the time the confessant answers the first
question until the signing of the extrajudicial confession. Moreover, the lawyer should
ascertain that the confession is made voluntarily and that the person under investigation
fully understands the nature and the consequence of his extrajudicial confession in
relation to his constitutional rights. A contrary rule would undoubtedly be antagonistic to
the constitutional rights to remain silent, to counsel and to be presumed innocent.

In the case at bench, Atty. Donato, Jr. did not provide effective legal assistance to
Agustin during the investigation, failing to ensure that Agustin's rights were protected.
He did not verify if Agustin was treated well, did not warn him of the consequences of
his confession, and did not advise him of his right to remain silent. Atty. Donato, Jr. was
provided by the police, raising doubts about his independence and competence. His
role was merely token, reducing him to a witness to Agustin's thumbprint on the
confession. Therefore, the extrajudicial confession is deemed inadmissible due to lack
of proper legal counsel.