Q. No. 12 | Political Law | Bar 2023
Ricardo, a third-year law student, was subjected to custodial investigation for the crime of Rape. He was duly informed by the police of his right to remain silent and his right to have counsel of his choice if he could afford one, and if not, he could be provided with one.
Ricardo proudly informed the arresting officer that he is perfectly aware of his rights, being a law student, and that he is voluntarily waiving them. He then proceeded to issue a written statement truthfully detailing his participation in the crime of Rape. During trial, his written statement was presented as the primary evidence of his guilt.
Atty. Alexander, counsel for Ricardo, promptly and vociferously objected to the presentation and admissibility of his written statement on the ground that Ricardo executed it without assistance of counsel.
Is the objection justified and tenable? Explain briefly.
SUGGESTED ANSWER
Section 12 of Article III of the 1987 Constitution embodies the mandatory protection afforded a person under investigation for the commission of a crime and the correlative duty of the State and its agencies to enforce such mandate. It states:
“Section 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. (Bold emphasis and underlining supplied).
(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. (Bold emphasis and underscoring supplied)
(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[.]”
Republic Act No. 7438 (R.A. No. 7438) has reinforced the constitutional mandate protecting the rights of persons under custodial investigation. The pertinent provisions read:
“Section 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of Public Officers. –
(a) Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer[.]”
To be acceptable, extrajudicial confession must conform to the constitutional requirements. An extrajudicial confession is not valid and inadmissible in evidence when the same is obtained in violation of any of the following rights of an accused during custodial investigation: (1) to remain silent, (2) to have an independent and competent counsel preferably of his choice, (3) to be provided with such counsel, if unable to secure one, (4) to be assisted by one in case of waiver, which should be in writing, of the foregoing, and (5) to be informed of all such rights and of the fact that anything he says can and will be used against him.23
Applying the foregoing standards, has settled that extra judicial confessions, to be admissible in evidence, must be:
1) voluntary;
2) made with the assistance of a competent and independent counsel; 3) express; and
4) in writing.
In this case, notwithstanding that Ricardo is a third-year law student and that he supposedly knows his rights, he still cannot validly waive his constitutional right without the assistance of a competent and independent counsel. Moreover, his waiver of right was not express in writing.
An extrajudicial confession must meet the foregoing requirements. Otherwise, it is disregarded in accordance with the cold objectivity of the exclusionary rule. This exclusionary rule sprang from the recognition that police interrogatory procedures lay fertile grounds for coercion, physical and psychological of the suspect to admit responsibility for the crime under investigation.24 Its purpose is not to discourage the accused from confessing guilt, if he voluntarily and intelligently so desires, but to preclude the slightest coercion as would lead the accused to admit something false.
It must appear clearly that the accused have been beforehand accorded his right to be informed of such rights. Let it be underscored that law enforcement agencies are required to genuinely and concretely communicate the rights of a person under investigation and to insure that it is fully understood by him. The right of a person under custodial investigation to be informed of his rights entails an effective communication that results in an understanding thereof. Any effort falling short of this standard is a denial of such right.25
As elucidated by the Court in People of the Philippines v. Tizon, Jr.,26 thus:
The right to be informed of one's constitutional rights during custodial investigation refers to an effective communication between the investigating officer and the suspected individual, with the purpose of making the latter understand these rights. Understanding would mean that information transmitted was effectively received and comprehended. Hence, the Constitution does not merely require the investigating officers to "inform" the person under investigation; rather, it requires that the latter be "informed."27
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FOOTNOTES
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