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    People Vs Lugod

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    John Leo Solinap
    Clemente John Lugod was accused of raping and killing an 8-year old girl, Nairube Ramos. He pleaded not guilty. During his trial, witnesses including the arresting officer, SPO2 Quirino Gallardo, testified. Lugod had admitted to Gallardo that he raped and killed the girl. However, the Supreme Court held that Lugod's admission was inadmissible because he made it while under custodial investigation without being informed of his right to remain silent and his right to counsel, in violation of his rights. As the admission was made without legal counsel, it was considered the fruit of the poisonous tree and not admissible against Lugod.

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    People Vs Lugod

    Uploaded by

    John Leo Solinap
    435 views2 pages
    Clemente John Lugod was accused of raping and killing an 8-year old girl, Nairube Ramos. He pleaded not guilty. During his trial, witnesses including the arresting officer, SPO2 Quirino Gallardo, testified. Lugod had admitted to Gallardo that he raped and killed the girl. However, the Supreme Court held that Lugod's admission was inadmissible because he made it while under custodial investigation without being informed of his right to remain silent and his right to counsel, in violation of his rights. As the admission was made without legal counsel, it was considered the fruit of the poisonous tree and not admissible against Lugod.

    Original Description:

    People vs. Lugod Case Digest

    Original Title

    People vs Lugod

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    Clemente John Lugod was accused of raping and killing an 8-year old girl, Nairube Ramos. He pleaded not guilty. During his trial, witnesses including the arresting officer, SPO2 Quirino Gallardo, testified. Lugod had admitted to Gallardo that he raped and killed the girl. However, the Supreme Court held that Lugod's admission was inadmissible because he made it while under custodial investigation without being informed of his right to remain silent and his right to counsel, in violation of his rights. As the admission was made without legal counsel, it was considered the fruit of the poisonous tree and not admissible against Lugod.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    435 views2 pages

    People Vs Lugod

    Uploaded by

    John Leo Solinap
    Clemente John Lugod was accused of raping and killing an 8-year old girl, Nairube Ramos. He pleaded not guilty. During his trial, witnesses including the arresting officer, SPO2 Quirino Gallardo, testified. Lugod had admitted to Gallardo that he raped and killed the girl. However, the Supreme Court held that Lugod's admission was inadmissible because he made it while under custodial investigation without being informed of his right to remain silent and his right to counsel, in violation of his rights. As the admission was made without legal counsel, it was considered the fruit of the poisonous tree and not admissible against Lugod.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    People vs Lugod

    FACTS:

    On or about September 16, 1997, accused Clemente John Lugod by means force
    and intimidation and with lewd designs had carnal knowledge with Nairube Ramos, an 8
    year old girl against her will. To hide the crime, he dumped the body of the girl in a
    coconut plantation and is where the latter died. The accused plead not guilty during
    arraignment and so trial ensued.

    During the trial, several witnesses were presented one of which is SPO2 Quirino
    Gallardo who arrested the accused after a report from the victim's mother that her
    daughter was missing. He apprehended the accused on the basis of the pair of slippers
    and the black T-shirt that he was wearing which another witness told him that such was
    worn by the accused worn on or about the day of the rape of the victim. SPO2 Gallardo
    then brought the accused to the police station. At first he denied that he did anything to
    the victim but later on he told Gallardo what happened. He likewise assisted in locating
    the body by pointing to it using his lips when accompanied by the police to the scene.
    Although he admitted to having raped and killed Nairube, the accused refused to make a
    statement regarding the same.

    Another witness in the trial was Floro Esguerra, the Vice Mayor of Cavinti who
    testified that in the course of his conversation with the accused, the accused confessed to
    the commission of the offense.

    The trial court convicted the accused for the special complex crime of Rape with
    Homicide which is punishable by death hence this automatic review of the Supreme
    Court.

    ISSUES:

    Whether or not the admission of the accused to SPO2 Gallardo is admissible in evidence

    HELD:

    No, the admission of the accused to SPO2 Gallardo is inadmissible considering


    that it was made in violation of the rights of the accused.

    At the time of his apprehension, accused-appellant was already placed under


    arrest and was suspected of having something to do with the disappearance of the victim
    which would put him under custodial investigation. Records reveal that accused-appellant
    was not informed of his right to remain silent and to counsel, and that if he cannot afford
    to have counsel of his choice, he would be provided with one. Also, there is no evidence
    to indicate that he intended to waive these rights and even if he did waive these rights, in
    order to be valid, the waiver must be made in writing and with the assistance of counsel,
    none of which were present in the present case.
    Given this, the accused-appellants act of confessing to SPO2 Gallardo that he
    raped and killed Nairube without the assistance of counsel cannot be used against him as
    this is a violation of the rights of the accused under the Bill of Rights. Given that such
    admission to SPO2 Gallardo was given without assistance of counsel, it is considered as
    fruit of the poisonous tree and is not admissible against him.

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