" Validity of Extrajudicial Confession
The appellant claims that "it is not true that [he] had executed an extra-judicial confession" 14. As correctly pointed out by the solicitor general, however, the appellant actually admits to the execution of the said confession, albeit without the assistance of counsel. But unlike the solicitor general, we are not ready to declare that such "ambivalence only indicates the unreliability of [appellant's] claim." 15 Indeed, confessions extracted without the assistance of counsel are taboo and useless in a court of law.
To be acceptable, extrajudicial confessions must conform to constitutional requirements. A confession is not valid and not admissible in evidence when it is obtained in violation of any of the following rights of persons under custodial investigation: to remain silent, to have independent and competent counsel preferably of their own choice, to be provided with counsel if they are unable to secure one, to be assisted by such counsel during the investigation, to have such counsel present when they decide to waive these rights, and to be informed of all these rights and of the fact that anything they say can and will be used against them in court. In People v. Santos, 16 we held:
A confession is not admissible unless the prosecution satisfactorily shows that it was obtained within the limits imposed by the 1987 Constitution. Section 12, Article III thereof, provides:
(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.
xxx xxx xxx
(3) Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him.
If the extrajudicial confession satisfies these constitutional standards, it is subsequently tested for voluntariness, i.e., if it was given freely — without coercion, intimidation, inducement, or false promises; and credibility, i.e., if it was consistent with the normal experience of mankind.
A confession that meets all the foregoing requisites constitutes evidence of a high order because no person of normal mind will knowingly and deliberately confess to be the perpetrator of a crime unless prompted by truth and conscience. 17 Otherwise, it is disregarded in accordance with the cold objectivity of the exclusionary rule. 18 (citations omitted)
Flagrantly violated in the present case were the appellant's right to be informed of his rights under custodial investigation, his right to counsel, as well as his right to have said counsel present during the waiver of his rights under custodial investigation."
G.R. No. 130189 June 25, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
DOMINGO R. MULETA, accused-appellant.
https://lawphil.net/judjuris/juri1999/jun1999/gr_130189_1999.html
