1 Alonte vs Savellano

5 Brocka vs Enrile

Due Process in Criminal Proceedings Waiver of Right to Due Process

6 Defensor Santiago vs Vasquez

Facts: Alonte was accused of raping JuvieLyn Punongbayan with accomplice

Buenaventura Concepcion. It was alleged that Concepcion befriended Juvie and
had later lured her into Alonetes house who was then the mayor of Bian,
Laguna. The case was brought before RTC Bian. The counsel and the prosecutor
later moved for a change of venue due to alleged intimidation. While the change
of venue was pending, Juvie executed an affidavit of desistance. The prosecutor
continued on with the case and the change of venue was done notwithstanding
opposition from Alonte. The case was raffled to the Manila RTC under J Savellano.
Savellano later found probable cause and had ordered the arrest of Alonte and
Concepcion. Thereafter, the prosecution presented Juvie and had attested the
voluntariness of her desistance the same being due to media pressure and that
they would rather establish new life elsewhere. Case was then submitted for
decision and Savellano sentenced both accused to reclusion perpetua. Savellano
commented that Alonte waived his right to due process when he did not cross
examine Juvie when clarificatory questions were raised about the details of the
rape and on the voluntariness of her desistance.

7 Alfelor vs Intia

ISSUE: Whether or not Alonte has been denied criminal due process.

Facts. The Supreme Court of the United States (Supreme Court) consolidated
four separate cases with issues regarding the admissibility of evidence obtained
during police interrogations.

HELD: The SC ruled that Savellano should inhibit himself from further deciding
on the case due to animosity between him and the parties. There is no showing
that Alonte waived his right. The standard of waiver requires that it not only
must be voluntary, but must be knowing, intelligent, and done with sufficient
awareness of the relevant circumstances and likely consequences. Mere silence
of the holder of the right should not be so construed as a waiver of right, and the
courts must indulge every reasonable presumption against waiver. Savellano has
not shown impartiality by repeatedly not acting on numerous petitions filed by
Alonte. The case is remanded to the lower court for retrial and the decision
earlier promulgated is nullified.
2 People vs Mariano

3 Antiporda vs Gartichorena
4 Hernandez vs Albano

8 Uy vs CA
9 Rivera vs CA
Day 2
MIRANDA RIGHTS
1 Miranda vs Arizona
Brief Fact Summary. The defendants offered incriminating evidence during police
interrogations without prior notification of their rights under the Fifth
Amendment of the United States Constitution (the Constitution).
Synopsis of Rule of Law. Government authorities need to inform individuals of
their Fifth Amendment constitutional rights prior to an interrogation following an
arrest.

The first Defendant, Ernesto Miranda (Mr. Miranda), was arrested for
kidnapping and rape. Mr. Miranda was an immigrant, and although the officers
did not notify Mr. Miranda of his rights, he signed a confession after two hours of
investigation. The signed statement included a statement that Mr. Miranda was
aware of his rights.
The second Defendant, Michael Vignera (Mr. Vignera), was arrested for
robbery. Mr. Vignera orally admitted to the robbery to the first officer after the
arrest, and he was held in detention for eight hours before he made an
admission to an assistant district attorney. There was no evidence that he was
notified of his Fifth Amendment constitutional rights.

The third Defendant, Carl Calvin Westover (Mr. Westover), was arrested for two
robberies. Mr. Westover was questioned over fourteen hours by local police, and
then was handed to Federal Bureau of Investigation (FBI) agents, who were
able to get signed confessions from Mr. Westover. The authorities did not notify
Mr. Westover of his Fifth Amendment constitutional rights.
The fourth Defendant, Roy Allen Stewart (Mr. Stewart), was arrested, along
with members of his family (although there was no evidence of any wrongdoing
by his family) for a series of purse snatches. There was no evidence that Mr.
Stewart was notified of his rights. After nine interrogations, Mr. Stewart admitted
to the crimes.
Issue. Whether the government is required to notify the arrested defendants of
their Fifth Amendment constitutional rights against self-incrimination before they
interrogate the defendants?
Held. The government needs to notify arrested individuals of their Fifth
Amendment constitutional rights, specifically: their right to remain silent; an
explanation that anything they say could be used against them in court; their
right to counsel; and their right to have counsel appointed to represent them if
necessary. Without this notification, anything admitted by an arrestee in an
interrogation will not be admissible in court.
Dissent. Justice Tom Clark (J. Clark) argued that the Due Process Clauses of the
Fifth and Fourteenth Amendments of the Constitution would apply to
interrogations. There is not enough evidence to demonstrate a need to apply a
new rule as the majority finds here.
The second dissent written by Justice John Harlan (J. Harlan) also argues that
the Due Process Clauses should apply. J. Harlan further argues that the Fifth
Amendment rule against self-incrimination was never intended to forbid any and
all pressures against self-incrimination.
Justice Byron White (J. White) argued that there is no historical support for
broadening the Fifth Amendment of the Constitution to include the rights that
the majority extends in their decision. The majority is making new law with their
holding.
Discussion. The majority notes that once an individual chooses to remain silent
or asks to first see an attorney, any interrogation should cease. Further, the
individual has the right to stop the interrogation at any time, and the
government will not be allowed to argue for an exception to the notification rule.

2 US vs Wade
Brief Fact Summary. Two men were indicted for bank robbery and appointed
counsel to defend them. They were brought before the employees to participate
in a line up identification procedure without the benefit of the presence of
counsel, after indictment, but prior to trial.
Synopsis of Rule of Law. The Sixth Amendment of the United States Constitution
(Constitution) guarantees an accused the right to counsel at post indictment
identification procedures, and the failure to provide the accused with counsel will
result in the suppression of the improperly conducted identification.
Facts: Two men robbed a bank in Eustace, Texas. One man, with two pieces of
tape on his face, went into the bank, pointed a gun at the cashier and demanded
the money. His accomplice waited outside in a stolen getaway car. Wade and his
accomplice were indicted for the robbery and counsel was appointed. About two
weeks later, a Federal Bureau of Investigation (FBI) agent caused the two men
to be part of a lineup consisting of five or six other men at which the bank
employees were asked to make an identification, and at which the two men were
in fact identified.
At trial, Wades defense counsel objected to the identification procedures, but his
efforts to have them stricken were in vain. Wade was convicted of the robbery.
The Fifth Circuit reversed, holding that the lineup had violated Wades Sixth
Amendment constitutional right to counsel.
Issue. Whether courtroom identifications of an accused at trial are to be
excluded from evidence because the accused was exhibited to the witnesses
before trial at a post indictment lineup conducted for identification purposes,
without notice to, and in the absence of, the accuseds appointed counsel?
Held. Yes. The court must analyze whether potential substantial prejudice to
defendants rights inheres in the particular confrontation and the ability of
counsel to help avoid that prejudice. The in court identification must be found to
have independent origin, free of the primary taint of the improperly conducted
lineup, in order to be admitted.
Discussion. The opinion emphasizes the fact that the Fifth Amendment right
against self incrimination is not implicated because nothing about the lineup
itself violated the long line of cases holding that only testimonial or
communicative evidence must be suppressed if coerced. The Sixth Amendment
right to counsel, however, did attach to pretrial proceedings because of the

importance that they have carrying on an adequate defense. The right has been
interpreted to apply to critical stages of the proceedings. Identification
procedures are critical because of the many dangers that inhere in identification
procedures in general, and in eyewitness identifications in particular. Any
prejudice occurring in an identification procedure without counsel present would
denigrate the right of the defendant to effectively cross examine the witness in
question.
3 Orozco vs Texas
Four armed police officers arrived at Orozcos home at 4 a.m. to question him
about a murder. The officers entered Orozcos bedroom, woke him up, and
questioned him without reading Miranda warnings. Orozco admitted to being
present at the murder scene, owning a firearm, and told the officers its
whereabouts. Tests revealed that the firearm was the gun that fired the fatal
shot.
At trial, an officer testified that from the moment questioning began, Orozco was
under arrest and not free to leave. Orozcos statements were admitted and he
was found guilty. Orozco appealed, arguing that his statements were given while
he was in custody, thus violating Miranda v. Arizona (1966).
When is a suspect in custody? According to Miranda, custody takes place when a
suspect is deprived of freedom of movement in any significant way. To elucidate
this standard, the Orozco Court looked at a variety of situational factors,
including the time of day, the number of officers present, and the officers intent.
Because the questioning took place at 4 a.m. with four armed officers, and an
officer testified that Orozco was under arrest, the Court held that Orozco was in
custody.

to distribute. The cocaine base was found by United States Customs officers in
the defendants luggage cart frames. It was found at the time she was traveling
to Bermuda via Miami from Jamaica.
Synopsis of Rule of Law. Federal Rule of Evidence (F.R.E.) Rule 703 allows
experts to rely on data which would not have been admissible if the date is
reasonably relied on by experts in their field.
Facts. The defendant was traveling to Bermuda via Miami when United States
Customs officers found cocaine base in the frames of her luggage carts. Cocaine
is derived from cocaine base. The defendant denied knowledge of the drugs, but
she was indicted for the importation of five hundred grams or more of a
substance containing cocaine, and possession with intent to distribute. The
defendant sought to substitute her appointed counsel for her own attorney,
David Rowe (Mr. Rowe). Mr. Rowe was substituted as counsel, but filed a
motion to withdraw seven weeks later. This motion was denied and the
defendant went to trial represented by Mr. Rowe. The government moved, prior
to trial, to exclude any evidence or argument from the defendant, a black
Jamaican national, that she was targeted by United States customs because of
her race. The trial court deferred ruling on this issue. The government used its
first two peremptory strikes against African-Americans, and defense objected
based
on Batson. The trial court found that the government offered credible reasons
unrelated to race as to why they were struck. The government used a third strike
against an African American, and after the defendant objected, offered that the
juror had been on a prior jury panel that was unable to reach a verdict.

4 US vs Brown

The prosecution relied on the testimony of a Drug Enforcement Agency (DEA)

agent to establish the defendants knowledge of the presence of cocaine in her
luggage carts. The DEA agent was offered as an expert in the field of drug
evaluation. The agent testified that the wholesale value of the cocaine base in
the defendants possession was approximately $217,000. The government
argued that an innocent, unknowing witness would not have been trusted with
such value. The defendant attempted to contradict the estimated value with a
copy of a written DEA price list referred to by the expert, but was not allowed to.
The defendant was convicted on both counts and sentenced to sixty-three
months.

Brief Fact Summary. The defendant, Jacqueline Panseta Brown (the defendant),
was charged with importing cocaine base and possession of cocaine with intent

Issue. Did the trial court err in finding the race-neutral reasons offered by the
government for the peremptory strikes were credible?

The Orozco decision clarifies the definition of custody by elaborating on when

and how a suspects freedom of movement is deprived in a significant way. The
decision illustrates how custody can take place in a suspects home. Finally, it
provides criteria for determining whether a suspect is in custody for purposes of
Miranda.

Did the trial court improperly exclude the DEA drug price list offered by
Defendant?

of Marianne were hidden. They were then brought back to the police station
while waiting for the result of the investigation.

Held. Circuit Judge Kravitch issued the opinion for the Eleventh Circuit Court of
Appeals and found that the trial court did not err in holding the governments
race-neutral explanations credible in regards to the peremptory strikes.

The gruesome crime attracted the media and as they were gathered at the
police headquarters for the result of the investigation, Mayor Trinidad arrived and
proceeded to the investigation room. Upon seeing the mayor, appellant
approved him and whispered a request that they talk privately to which the
mayor agreed. They went to another room and there, the Andan agreed to tell
the truth and admitted that he was the one who killed Marianne. The mayor
opened the door of the room to let the public and the media representatives
witness the confession. Mayor Trinidad first asked for a lawyer to assist the
appellant but since no lawyer was available he ordered the proceedings
photographed and recorded in video. In the presence of the media and his
relatives, Andan admitted to the crime and disclosed how he killed Marianne and
that he falsely implicated Larin and Dizon because of ill-feelings against them.

The trial court did not err in excluding the price list.
Concurrence. Circuit Judge Hill issued a concurring opinion to note that he is
troubled that the defendant went to trial with a lawyer she did not prefer.
Discussion. The price list was not relied on by the DEA agent in forming his
opinion, and it made no reference to drug prices in Bermuda, which was the
defendants destination, or Jamaica, from where she originated. The list did not
reference prices for cocaine base in any market.
5 People vs Andan
Rights of Suspects under Custodial Investigation
Confessions given to a Municipal Mayor
FACTS: Marianne Guevarra, a second-year nursing student at Fatima was on her
way to her school dormitory in Valenzuelal, Metro Manila when Pablito Andan
asked her to check the blood pressure of the grandmother of Andans wife but
there was nobody inside the house. She was punched in the abdomen by Andan
and was brought to the kitchen where he raped her. She was left in the toilet
until it was dark and was dragged to the backyard. It was when Andan lifted her
over the fence to the adjacent vacant lot where she started to move. Andan hit
her head with a concrete block to silence her and dragged her body to a shallow
portion of the lot and abandoned it.
The death of Marianne drew public attention which prompted Baliuag Mayor
Cornelio Trinidad to form a team of police officers to solve the case. Apart from
the vacant lot, they also searched Andans nearby house and found evidences
linked to the crime. The occupants of the house were interviewed and learned
that accused-appellant was in Barangay Tangos, Baliuag, Bulacan. A police team
lead by Mayor Trinidad located Andan and took him to the police headquarters
where he was interrogated where he said that Dizon killed the girl. The three
were then brought to Andans house where he showed the police where the bags

However, appellant entered a plea of not guilty during his arraignment. He

provided an alibi why he was at his fathers house at another barangay and
testified that policemen tortured and coerced him to admit the crime but the trial
court found him guilty and sentenced him to death.
ISSUE: Whether or not the admission of Andan to the mayor without the
assistance of counsel is in violation of the constitution and cannot be admitted
as evidence in court.
RULING: Under these circumstances, it cannot be claimed that the appellants
confession before the mayor is inadmissible. A municipal mayor has operational
supervision and control over the local police and may be deemed a law
enforcement officer for purposes of applying Section 12 (1) and (3) of Article III
of the Constitution. However, Andans confession to the mayor was not made in
response to any interrogation by the latter. In fact, the mayor did not question
appellant at all and no police authority ordered the appellant to talk to the
mayor. It was the appellant who spontaneously, freely and voluntarily sought the
mayor for a private meeting. The mayor acted as a confidant and not as a law
enforcer and therefore did not violate his constitutional rights.
Constitutional procedures on custodial investigation do not apply to a
spontaneous statement, not elicited through questioning by the authorities, but
given in an ordinary manner whereby appellant orally admitted having
committed the crime. What the constitution bars is the compulsory disclosure of

incriminating facts or confession. Hence, we hold that appellants confession to

the mayor was correctly admitted by the trial court.
Andan was found guilty of the special complex crime of rape with homicide.
6 People vs Endino
Facts: On a busy street in Puerto Princesa City in the evening of 16 October
1991, an emboldened Gerry Galgarin (@ Toto), uncle of Edward Endino, suddenly
and without warning lunged at Dennis Aquino and stabbed him repeatedly on the
chest. Dennis' girlfriend Clara Agagas who was with him, stunned by the
unexpected attack, pleaded to Galgarin to stop. Dennis struggled and succeeded
momentarily to free himself from his attacker. Dennis dashed towards the nearby
Midtown Sales but his escape was foiled when from out of nowhere Edward
Endino appeared and fired at Dennis. As Dennis staggered for safety, the 2
assailants fled in the direction of the airport. Meanwhile, Dennis, wounded and
bleeding, sought refuge inside the Elohim Store where he collapsed on the floor.
He was grasping for breath and near death. Clara with the help of some
onlookers took him to the hospital but Dennis expired even before he could
receive medical attention. On 18 October 1991, an Information for the murder of
Dennis Aquino was filed against Edward Endino and Gerry Galgarin and warrants
were issued for their arrest. However, as both accused remained at large, the
trial court issued on 26 December 1991 an order putting the case in the archives
without prejudice to its reinstatement upon their apprehension. On 19 November
1992, Gerry Galgarin was arrested through the combined efforts of the Antipolo
and Palawan police forces at a house in Sitio Sto. Nio, Antipolo, Rizal. He was
immediately taken into temporary custody by the Antipolo Police. Early in the
evening of the following day, he was fetched from the Antipolo Police Station by
PO3 Gaudencio Manlavi and PO3 Edwin Magbanua of the Palawan police force to
be taken to Palawan and be tried accordingly. On their way to the airport, they
stopped at the ABS-CBN television station where Galgarin was interviewed by
reporters. Video footages of the interview were taken showing Galgarin
admitting his guilt while pointing to his nephew Edward Endino as the gunman .
According to Galgarin, after attacking Aquino, they left for Roxas, Palawan, where
his sister Langging who is Edward's mother, was waiting. Langging gave them
money for their fare for Manila. They took the boat for Batangas, where they
stayed for a few days, and proceeded to Manila where they separated, with him
heading for Antipolo. Galgarin appealed for Edward to give himself up to the
authorities. His interview was shown over the ABS-CBN evening news program
TV Patrol. During trial, Galgarin disowned the confession which he made over TV

Patrol and claimed that it was induced by the threats of the arresting police
officers. He asserted that the videotaped confession was constitutionally
infirmed and inadmissible under the exclusionary rule provided in Sec. 12, Art.
III, of the Constitution. The trial court found Galgarin guilty of murder qualified by
Treachery, sentenced him to reclusion perpetua, and ordered him to indemnify
the heirs of Dennis Aquino in the amount of P50,000.00 as compensatory
damages and P72,725.35 as actual damages.
Issue: Whether the ABS-CBN interview recording Galgarins confession is
admissible as evidence.
Held: The interview was recorded on video and it showed Galgarin unburdening
his guilt willingly, openly and publicly in the presence of newsmen. Such
confession does not form part of custodial investigation as it was not given to
police officers but to media men in an attempt to elicit sympathy and
forgiveness from the public. Besides, if he had indeed been forced into
confessing, he could have easily sought succor from the newsmen who, in all
likelihood, would have been sympathetic with him. However, because of the
inherent danger in the use of television as a medium for admitting one's guilt,
and the recurrence of this phenomenon in several cases, it is prudent that trial
courts are reminded that extreme caution must be taken in further admitting
similar confessions. For in all probability, the police, with the connivance of
unscrupulous media practitioners, may attempt to legitimize coerced extrajudicial confessions and place them beyond the exclusionary rule by having an
accused admit an offense on television. Such a situation would be detrimental to
the guaranteed rights of the accused and thus imperil our criminal justice
system. It is not suggested that videotaped confessions given before media men
by an accused with the knowledge of and in the presence of police officers are
impermissible. Indeed, the line between proper and invalid police techniques and
conduct is a difficult one to draw, particularly in cases such as this where it is
essential to make sharp judgments in determining whether a confession was
given under coercive physical or psychological atmosphere. A word of counsel
then to lower courts: "we should never presume that all media confessions
described as voluntary have been freely given. This type of confession always
remains suspect and therefore should be thoroughly examined and scrutinized.
Detection of coerced confessions is admittedly a difficult and arduous task for
the courts to make. It requires persistence and determination in separating
polluted confessions from untainted ones. We have a sworn duty to be vigilant
and protective of the rights guaranteed by the Constitution."

7 People vs Caguioa
Facts: The Provincial Fiscal of Bulacan filed on 14 September 1973, in the Court
of First Instance of Bulacan, an information for murder against Paquito Yupo y
Gonzales (Criminal Case 146-V-73), with the case, after the raffle, being assigned
to Branch VIII, presided by Judge Eduardo P. Caguioa. Upon arraignment on 5
October 1973, Yupo pleaded not guilty. The trial of the case then proceeded, the
prosecution having presented 6 witnesses, including the father of the deceased,
Miguel Tribol, and his common-law wife, Lydia Begnotia, who allegedly received
the ante mortem statement of the victim, Rodolfo Tribol. Then, at the hearing on
3 June 1974, the prosecution presented Corporal Conrado Roca of the
Meycauayan Police Department, before whom a written statement of Yupo and
his alleged waiver of his right to remain silent and to be assisted by a counsel of
his own choice was taken. After this witness had identified the statement of Yupo
and the waiver, he was questioned on the incriminating answers in such
statement to the police, but there was an objection on the part of the defense
counsel based on the ground of such statement being inadmissible in evidence,
as the statement was taken by the police without any counsel assisting the
accused in the investigation. Judge Caguioa sustained the objection of the
defense on the view that such judicial confession of the accused is inadmissible
in evidence for being unconstitutional, it appearing that the accused was not
assisted by a counsel when it was given. He likewise stated that such right could
not be waived. Upon his refusal to reconsider such ruling, the petition for
certiorari was filed.
Issue: Whether the right to remain silent and right to counsel during custodial
investigation may be waived.
Held: While there could be a waiver of the rights of an accused, it must be
intelligently waived, otherwise a court's jurisdiction starting at the beginning of
the trial may be lost in the course of the proceeding. Statements made during
the period of custodial interrogation to be admissible require a clear intelligent
waiver of constitutional rights, the suspect being warned prior to questioning
that he has a right to remain silent, that any utterance may be used against him,
and that he has the right to the presence of a counsel, either retained or
appointed. The prosecution may not use statements, whether exculpatory or
inculpatory, stemming from custodial interrogation of the defendant unless it
demonstrates the use of procedural safeguards effective to secure the privilege
against self-incrimination. By custodial interrogation, we mean questioning
initiated by law enforcement officers after a person has been taken into custody

or otherwise deprived of his freedom of action in any significant way. As for the
procedural safeguards to be employed, unless other fully effective means are
devised to inform accused persons of their right of silence and to assure a
continuous opportunity to exercise it, the following measures are required. Prior
to any questioning, the person must be warned that he has a right to remain
silent, that any statement he does not make may be used as evidence against
him, and that he has a right to the presence of an attorney, either retained or
appointed. The defendant may waive effectuation of those rights, provided the
waiver is made voluntarily, knowingly and intelligently. If, however, he indicates
in any manner and at any stage of the process that he wishes to consult with an
attorney before speaking, there can be no questioning. Likewise, if the individual
is alone and indicates in any manner that he does not wish to be interrogated,
the police may not question him. The mere fact that he may have answered
some questions or volunteered some statements on his own does not deprive
him of the right to refrain from answering any further inquiries until he has
consulted with an attorney and thereafter consents to be questioned. Tested by
such a clear and unequivocal standard, the alleged waiver herein falls far short.
Yupo merely answered in a monosyllabic "Opo" to Corporal Conrado B. Roca of
the Police Force of Meycauayan, worded thus: "Ipinaaalam ko sa iyo na ikaw ay
sinisiyasat tungkol sa isang paglabag sa batas na iyong ginawa, bago ko
ipagpatuloy ang pagtatanong sa iyo, ikaw ay may karapatan na huwag magsalita
kung ayaw mo at may karapatan ka rin na magkaroon ng abogado na iyong
gusto, at dapat mo ring mabatid na anuman ang sabihin mo dito ay maaaring
gamitin ng ayon o laban sa iyo, magsasalaysay ka pa rin ba?" and that was all.
8 People vs Maqueda
Facts: British Horace William Barker (consultant of WB) was slain inside his house
in Tuba, Benguet while his Filipino wife, Teresita Mendoza was badly battered
with lead pipes on the occasion of a robbery. Two household helpers of the
victims identified Salvamante (a former houseboy of the victims) and Maqueda
as the robbers. Mike Tabayan and his friend also saw the two accused a
kilometer away from the house of the victims that same morning, when the two
accused asked them for directions.
Maqueda was then arrested in Guinyangan, Quezon. He was taken to Calauag,
Quezon where he signed a Sinumpaang Salaysay wherein he narrated his
participation in the crime. According to SPO3 Molleno, he informed Maqueda of
his constitutional rights before he signed such document. Afterwards he was
brought to the Benguet Provincial Jail. While he was under detention, Maqueda

filed a Motion to Grant Bail. He stated therein that "he is willing and volunteering
to be a State witness in the above entitled case, it appearing that he is the least
guilty among the accused in this case."
Maqueda also admitted his involvement in the commission of the robbery to
Prosecutor Zarate and to Salvosa.
Issue: Whether or Not the trial court was correct in holding that the Sinumpaan
Salaysay is admissible as evidence.
Held: No. The Sinumpaang Salaysay is inadmissible because it was in clear
violation of the constitutional rights of the accused. First, he was not informed of
his right to remain silent and his right to counsel. Second, he cannot be
compelled to be a witness against himself. At the time of the confession, the
accused was already facing charges in court. He no longer had the right to
remain silent and to counsel but he had the right to refuse to be a witness and
not to have any prejudice whatsoever result to him by such refusal. And yet,
despite his knowing fully well that a case had already been filed in court, he still
confessed when he did not have to do so.
The contention of the trial court that the accused is not entitled to such rights
anymore because the information has been filed and a warrant of arrest has
been issued already, is untenable. The exercise of the rights to remain silent and
to counsel and to be informed thereof under Section 12(1) of the Bill of Rights
are not confined to that period prior to the filing of a criminal complaint or
information but are available at that stage when a person is "under investigation
for the commission of an offense."

Pursuant to Section 12(3) of the Bill of Rights therefore, such extra-judicial

admission is inadmissible as evidence.
As to the admissions made by Maqueda to Prosecutor Zarate and Ray Dean
Salvosa, the trial court admitted their testimony thereon only to prove the tenor
of their conversation but not to prove the truth of the admission because such
testimony was objected to as hearsay. Maqueda voluntarily and freely made
them to Prosecutor Zarate not in the course of an investigation, but in
connection with Maqueda's plea to be utilized as a state witness; and as to the
other admission (Salvosa), it was given to a private person therefore admissible.

Note: a distinction between a confession and admission has been made by the
SC:
Admission of a party. The act, declaration or omission of party as to a relevant
fact may be given in evidence against him.
Confession. The declaration of an accused acknowledging his guilt of the
offense charged, or of any offense necessarily included therein, may be given in
evidence against him.
9 People vs Amestuzo
10 People vs Obrero
Appellant was convicted of robberry with homicide.He executed a written
confession as a result of a custodial ivestigation.The issue is whether such is
valid.
Held: The extrajudicial confession was invalid. The perfunctory reading of the
Miranda rights is inadequate to transmit information to the suspect. Also, Art
IIISec12(1) requires an independent and competent counsel of the suspects
choice. Atty de los Reyes was not an independent counsel being the PC Captain
and Station Commander. As held in P v Bandula, the independent counsel cannot
be a special prosecutor, private or public prosecutor, municipal attorney or
counsel of the police whose interest is adverse to the accused.

While there is evidence to the homicide consisting of the corpus delicti, there is
no evidence of the robbery except the confession. The lack of objection of
appellant to the introduction of the constitutionally proscribed evidence did not
satisfy the burden of proof which rested on the prosecution. Acquitted of robbery
with homicide.
11 Jesalva vs People
EXCLUSIONARY RULE/ FRUIT OF THE POISONOUS TREE DOCTRINE
1 Mapp vs Ohio
Facts of the case

Dollree Mapp was convicted of possessing obscene materials after an admittedly

illegal police search of her home for a fugitive. She appealed her conviction on
the basis of freedom of expression.

2 People vs Alicando
3 People vs Januario
4 People vs Samontanez

Question
Were the confiscated materials protected by the First Amendment? (May
evidence obtained through a search in violation of the Fourth Amendment be
admitted in a state criminal proceeding?)
Conclusion: The Court brushed aside the First Amendment issue and declared
that "all evidence obtained by searches and seizures in violation of the
Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp
had been convicted on the basis of illegally obtained evidence. This was an
historic -- and controversial -- decision. It placed the requirement of excluding
illegally obtained evidence from court at all levels of the government. The
decision launched the Court on a troubled course of determining how and when
to apply the exclusionary rule.

5 People vs Mojello
6 Ho Wai Pang vs People
SURVEILLANCE/ RECORDING OF COMMUNICATIONS
1 Gaanan vs IAC
2 Katz vs US
3 US vs White
4 US vs Knotts