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People vs. Bravo

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PEOPLE V.

BRAVO
FACTS:
The decomposing body of nine year old girl Juanita Antolin (Len-len) was found in a
vacant lot -- naked, shirtless and skirt pulled up, her panty stuffed in her mouth. Her body
was found about 700 meters from her house. The scalp on the left side of her head was
detached exposing a fracture on the left temporal lobe of her skull. Vaginal examination
showed fresh laceration easily accepts two fingers. The cause of death was cerebral
hemorrhage.
An Information for rape with homicide was filed against herein accused-appellant. He
was arraigned and pleaded not guilty.
Evelyn, an eight year old second grader and neighbor and cousin of the victim
testified that she was with the deceased the night before she disappeared. In court, Evelyn
positively identified the appellant as the person last seen with Len-len before she was found
dead. The owner of the house where Len-len and Evelyn watched television, Gracia
Monahan, corroborated Evelyn's testimony.
The Chief of the Intelligence Section of the Santiago Police Department, Alexander
Mico, testified in court that at the police station the appellant admitted he was with the girl
and he carried her on his shoulder but he was so drunk that night that he does not
remember what he did to her. On cross-examination Mico admitted that he did not inform
the appellant of his constitutional rights to remain silent, to counsel and of his right against
self-incrimination before the appellant made the said admission because according to Mico
he was only informally interviewing the accused when he made the admission and that
custodial interrogation proper was conducted by the assigned investigator.
HELD:
We resolve to acquit Benito Bravo. 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. The mantle of protection under this constitutional provision covers the period from
the time a person is taken into custody for investigation of his possible participation in the
commission of a crime or from the time he is singled out as a suspect in the commission of a
crime although not yet in custody. Law enforcement agencies are required to effectively
communicate the rights of a person under investigation and to insure that it is fully
understood. Any information or admission given by a person while in custody which may
appear harmless or innocuous at the time without the competent assistance of an
independent counsel should be struck down as inadmissible. It has been held, however, that
an admission made to news reporters or to a confidant of the accused is not covered by the
exclusionary rule.
The accused was under arrest for the rape and killing of Juanita Antolin and any
statement allegedly made by him pertaining to his possible complicity in the crime without
prior notification of his constitutional rights is inadmissible in evidence. The policeman's
apparent attempt to circumvent the rule by insisting that the admission was made during an
"informal talk" prior to custodial investigation proper is not tenable. The appellant was not
invited to the police station as part of a general inquiry for any possible lead to the
perpetrators of the crime under investigation.

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