Gestión Educativa

Art 3, Sec. 12. ―(1) 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.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.‖

Art 3, Sec. 14. ―(1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.‖

Art 3, Sec. 11. ―Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.‖

Art 3, Sec. 16. ―All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.‖

Art 3, Sec. 17. ―No person shall be compelled to be a witness against himself.‖

Art 3, Sec. 19. ―(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.‖

Art 3, Sec. 21. ―No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.‖

GAMBOA VS.CRUZ

[162SCRA642;L-56291; 27JUN 1988]

Facts:

Petitioner was arrested for vagrancy without a warrant. During a line-up of 5 detainees including petitioner, he was identified by a complainant to be a companion in a robbery, thereafter he was charged. Petitioner filed a Motion to Acquit on the ground that the conduct of the line-up, without notice and in the absence of his counsel violated his constitutional rights to counsel and to due process. The court denied said motion. Hearing was set, hence the petition.

Issue:

Whether or Not petitioner‘s right to counsel and due process violated.

Held:

No. The police line-up was not part of the custodial inquest, hence, petitioner was not yet entitled, at such stage, to counsel. He had not been held yet to answer for a criminal offense. The moment there is a move or even an urge of said investigators to elicit admissions or confessions or even plain information which may appear innocent or innocuous at the time, from said suspect, he should then and there be assisted by counsel, unless he waives the right, but the waiver shall be made in writing and in the presence of counsel.

On the right to due process, petitioner was not, in any way, deprived of this substantive and constitutional right, as he was duly represented by a counsel. He was accorded all the opportunities to be heard and to present evidence to substantiate his defense; only that he chose not to, and instead opted to file a Motion to Acquit after the prosecution had rested its case. What due process abhors is the absolute lack of opportunity to be heard.

PEOPLE VS.JUDGE AYSON

[175SCRA216;G.R.NO.85215;7JUL 1989]

Facts:

Felipe Ramos was a ticket freight clerk of the Philippine Airlines, assigned at its Baguio City station. It was alleged that he was involved in irregularities in the sales of plane tickets, the PAL management notified him of an investigation to be conducted. That investigation was scheduled in accordance with PAL's Code of Conduct and Discipline, and the Collective Bargaining Agreement signed by it with the Philippine Airlines Employees' Association (PALEA) to which Ramos pertained. A letter was sent by Ramos stating his willingness to settle the amount of P76,000. The findings of the Audit team were given to him, and he refuted that he misused proceeds of tickets also stating that he was prevented from settling said amounts. He proffered a compromise however this did not ensue. Two months after a crime of estafa was charged against Ramos. Ramos pleaded not guilty.

Evidence by the prosecution contained Ramos‘ written admission and statement, to which defendants argued that the confession was taken without the accused being represented by a lawyer. Respondent Judge did not admit those stating that accused was not reminded of his constitutional rights to remain silent and to have counsel. A motion for reconsideration filed by the prosecutors was denied. Hence this appeal.

Issue:

Whether or Not the respondent Judge correct in making inadmissible as evidence the admission and statement of accused.

Held:

No. Section 20 of the 1987 constitution provides that the right against self-incrimination (only to witnesses other than accused, unless what is asked is relating to a different crime charged- not present in case at bar).

This is accorded to every person who gives evidence, whether voluntarily or under compulsion of subpoena, in any civil, criminal, or administrative proceeding. The right is not to "be compelled to be a witness against himself.‖ It prescribes an "option of refusal to answer incriminating questions and not a prohibition of inquiry."

the right can be claimed only when the specific question, incriminatory in character, is actually put to the witness.

It cannot be claimed at any other time. It does not give a witness the right to disregard a subpoena, to decline to appear before the court at the time appointed, or to refuse to testify altogether. It is a right that a witness knows or should know. He must claim it and could be waived.

Rights in custodial interrogation as laid down in miranda v. Arizona: the rights of the accused include:

1) he shall have the right to remain silent and to counsel, and to be informed of such right.

2) nor force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him.

3) any confession obtained in violation of these rights shall be inadmissible in evidence.

The individual may knowingly and intelligently waive these rights and agree to answer or make a statement. But unless and until such rights and waivers are demonstrated by the prosecution at the trial, no evidence obtained as a result of interrogation can be used against him.

PEOPLE VS.BOLANOS

[211SCRA262;G.R.NO.101808;3JUL 1992]

Facts:

Oscar Pagdalian was murdered in Marble Supply, Balagtas Bulacan. According to Pat. Rolando Alcantara and Francisco Dayao, deceased was with two companions on the previous night, one of whom the accused who had a drinking spree with the deceased. When they apprehended the accused they found the firearm of the deceased on the chair where the accused was allegedly seated. They boarded accused along with Magtibay, other accused on the police vehicle and brought them to the police station. While in the vehicle Bolanos admitted that he killed the deceased. RTC convicted him hence the appeal.

Issue:

Whether or Not accused-appellant deprived of his constitutional right to counsel.

Held:

Yes. Being already under custodial investigation while on board the police patrol jeep on the way to the Police Station where formal investigation may have been conducted, appellant should have been informed of his Constitutional rights under Article III, Section 12 of the 1987 Constitution, more particularly par. 1 and par. 3.

PEOPLE VS.MACAM

[238SCRA306;G.R.NOS.91011-12;24NOV 1994]

Facts:

Prosecution‘s version:

On Aug 18,1987, Eduardo Macam, Antonio Cedro, Eugenio Cawilan Jr., Danilo Roque and Ernesto Roque went to the house of Benito Macam (uncle of Eduardo Macam) located at 43 Ferma Road QC. Upon the arrival of the accused, Benito invited the former to have lunch. Benito asked his maid Salvacion Enrera to call the companions of Eduardo who were waiting in a tricycle outside the house. A. Cedro, E. Cawilan and D. Roque entered the house while E. Roque remained in the tricycle. After all the accused had taken their lunch, Eduardo Macam grabbed the clutch bag of Benito Macam and pulled out his uncle‘s gun then declared a hold-up. They tied up the wife (Leticia Macam), children, maid (Salvacion) and Nilo Alcantara and brought them to the room upstairs. After a while Leticia was brought to the bathroom and after she screamed she was stabbed and killed by A. Cedro.

Benito, Nilo and Salvacion was also stabbed but survived. The total value of the items taken was P536, 700.00.

Defense‘s version:

Danilo Roque stated that he being a tricycle driver drove the 4 accused to Benito‘s house for a fee of P50.00.

Instead of paying him, he was given a calling card by Eduardo Macam so that he can be paid the following day.

Upon arriving, he went with the accused inside the house to have lunch. Thereafter he washed the dishes and swept the floor. When Eugenio Cawilan pulled a gun and announced the hold-up, he was asked to gather some things and which he abided out of fear. While putting the said thins inside the car of Benito (victim) he heard the accused saying ―kailangan patayin ang mga taong yan dahil kilala ako ng mga yan‖. Upon hearing such phrase he escaped and went home using his tricycle. He also testified that his brother Ernesto Roque has just arrived from the province and in no way can be involved in the case at bar. On the following day, together with his brother, they went to the factory of the Zesto Juice (owned by the father of Eduardo Macam) for him to get his payment (50.00) . He and his brother was suddenly apprehended by the security guards and brought to the police headquarters in Q.C. They were also forced to admit certain things.

After which, he together with all the accused, in handcuffs and bore contusions on their faces caused by blows inflicted in their faces during investigation, was brought to the QC General Hospital before each surviving victims and made to line-up for identification. Eugenio Cawilan was also charged with Anti-fencing Law but was acquitted in the said case.

Issue:

Whether or Not their right to counsel has been violated. WON the arrest was valid. WON the evidence from the line-up is admissible.

Held:

It is appropriate to extend the counsel guarantee to critical stages of prosecution even before trial. A police line-up is considered a ―critical‖ stage of the proceedings. Any identification of an uncounseled accused made in a police line-up is inadmissible. HOWEVER, the prosecution did not present evidence regarding appellant‘s identification at the line-up. The witnesses identified the accused again in open court. Also, accused did not object to the in-court identification as being tainted by illegal line-up.

The arrest of the appellants was without a warrant. HOWEVER, they are estopped from questioning the legality of such arrest because they have not moved to quash the said information and therefore voluntarily submitted themselves to the jurisdiction of the trial court by entering a plea of not guilty and participating in trial.

The court believed the version of the prosecution. Ernesto Roque, while remaining outside the house served as a looked out.

Wherefore, decision of lower court is Affirmed. Danilo Roque and Ernesto Roque is guilty of the crime of robbery with homicide as co-conspirators of the other accused to suffer reclusion perpetua.

Things taken: 2 toygun, airgun riffle, CO2 refiller, TV, betamax tapes, betamax rewinder, Samsonite attache case, typewriter, chessboard, TOYOTA Crown Car Plate No. CAS-997, assorted jewelry. .22 gun and money.

PEOPLE VS.DY

[158SCRA111;G.R.74517;23FEB 1988]

Facts:

Pat. Padilla reported along with Benny Dy, with caliber .38 as suspect to the shooting incident at "Benny's Bar," at Sitio Angol, Manoc-Manoc Malay, Aklan (Boracay) situated on the Island which caused the death of Christian Langel Philippe, tourist, 24 years old and a Swiss nationale. He was charged with the Murder With the Use of Unlicensed firearms. Appellant alleges that he carried the victim to the shore to be brought to the hospital to save the latter, and who facilitated the surrender to Pat. Padilla a gun which his helper found the following morning while cleaning the bar. Accused posted bail which was granted. The accused denied having made any oral confession alleging that he went to Pat. Padilla not to report the incident but to state that a boy helper in the bar had found a gun on the sand floor while cleaning and that Pat. Padilla picked up the gun from the bar at his request. The Accused argues that even if he did make such a confession, the same would be inadmissible in evidence. He was found guilty in the RTC. Hence the appeal.

Issue:

Whether or Not the lower court correct in saying that the constitutional procedure on custodial interrogation is not applicable in the instant case.

Held:

YES. Appellant's assertion that the gun he had surrendered was merely found by a boy helper while cleaning the bar deserves no credence for, if it were so, it would have been absurd for him to have placed himself under police custody in the early morning after the incident. Sworn Complaint for "Murder with Use of Unlicensed Firearm" signed by the Chief of Police also attests to Appellant's oral confession. That Complaint forms part of the record of the proceedings before the Municipal Circuit Trial Court of Buruanga, Aklan, and is prima facie evidence of the facts therein stated. Appellant's voluntary surrender implies no violation as "no warrant of arrest is issued for the apprehension of the accused for the reason that he is already under police custody before the filing of the complaint." What was told by the Accused to Pat, Padilla was a spontaneous statement not elicited through questioning, but given in ordinary manner. No written confession was sought to be presented in evidence as a result of formal custodial investigation.

NAVALLO VS.SANDIGANBAYAN

[234SCRA177;G.R.NO.97214;18JUL 1994]

Facts:

Accused was the Collecting and Disbursing Officer of the Numancia National Vocational School, which school is also located at del Carmen, Surigao del Norte. His duties included the collection of tuition fees, preparation of vouchers for salaries of teachers and employees, and remittance of collections exceeding P500.00 to the National Treasury. An information for malversation of public funds was filed. A warrant of arrest was issued, but accused-petitioner could not be found. on 10 December 1978, Presidential Decree No. 1606 took effect creating the Sandiganbayan and conferring on it original and exclusive jurisdiction over crimes committed by public officers embraced in Title VII of the Revised Penal Code. On 15 November 1984, Navallo was finally arrested. He was released on provisional liberty upon the approval of his property bail bond. When arraigned by the RTC on 18 July 1985, he pleaded not guilty. Upon motion of the prosecution, the RTC transferred the case and transmitted its records to the Sandiganbayan. Special Prosecutor Luz L. Quiñones-Marcos opined that since Navallo had already been arraigned before the case was transferred to the Sandiganbayan, the RTC should continue taking cognizance of the case. The matter was referred to the Office of the Ombudsman which held otherwise. The information was then docketed with the Sandiganbayan. A new order for Navallo's arrest was issued by the Sandiganbayan. The warrant was returned with a certification by the RTC Clerk of Court that the accused had posted a bail bond. Navallo filed a motion to quash, contending (1) that the Sandiganbayan had no jurisdiction over the offense and the person of the accused and (2) that since the accused had already been arraigned by the RTC, the attempt to prosecute him before the Sandiganbayan would constitute double jeopardy. However this was denied and trial ensued and he was found guilty.

Issue:

Whether or Not the constitutional right against double jeopardy and in custodial investigations in favor of the accused violated.

Held:

No. Double jeopardy requires the existence of the following requisites:

(1) The previous complaint or information or other formal charge is sufficient in form and substance to sustain a conviction;

(2) The court has jurisdiction to try the case;

(3) The accused has been arraigned and has pleaded to the charge; and

(4) The accused is convicted or acquitted or the case is dismissed without his express consent.

The RTC was devoid of jurisdiction when it conducted an arraignment of the accused which by then had already been conferred on the Sandiganbayan. Moreover, neither did the case there terminate with conviction or acquittal nor was it dismissed.

No. Appellant is not in custodial investigation. A person under a normal audit examination is not under custodial investigation. An audit examiner himself can hardly be deemed to be the law enforcement officer contemplated in the above rule. In any case, the allegation of his having been "pressured" to sign the Examination Report prepared by Dulguime (examined cash, as ordered by Espino, the provincial auditor) appears to be belied by his own testimony.

PEOPLE VS.ALICANDO

[251SCRA293;G.R.NO.117487;2DEC 1995]

Facts:

Appellant was charged with the crime of rape with homicide of Khazie Mae Penecilla, a minor, four years of age, choking her with his right hand. The incident happened after appellant drank liquor. A neighbor, Leopoldo

Santiago found the victim‘s body and the parents and police were informed. Appellant was living in his uncle's house some five arm's length from Penecilla's house. Appellant was arrested and interrogated by PO3 Danilo Tan.

He verbally confessed his guilt without the assistance of counsel. On the basis of his uncounselled verbal confession and follow up interrogations, the police came to know and recovered from appellant's house, Khazie Mae's green slippers, a pair of gold earrings, a buri mat, a stained pillow and a stained T-shirt all of which were presented as evidence for the prosecution. He was arraigned with the assistance of Atty. Rogelio Antiquiera of the PAO. Appellant pleaded guilty. The RTC convicted him. Hence an automatic review for the imposition of death

He verbally confessed his guilt without the assistance of counsel. On the basis of his uncounselled verbal confession and follow up interrogations, the police came to know and recovered from appellant's house, Khazie Mae's green slippers, a pair of gold earrings, a buri mat, a stained pillow and a stained T-shirt all of which were presented as evidence for the prosecution. He was arraigned with the assistance of Atty. Rogelio Antiquiera of the PAO. Appellant pleaded guilty. The RTC convicted him. Hence an automatic review for the imposition of death