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    People vs. Pasudag - Yap Rolan Klyde

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    Rolan Klyde Kho Yap
    The case involved Albert Pasudag who was found growing marijuana plants in his backyard by police. Pasudag was taken into the police station where he admitted to owning the plants and signed a confiscation report. Pasudag argued on appeal that he was under custodial investigation when he signed the report and was not assisted by counsel. The court ruled that Pasudag was indeed under custodial investigation from the moment police became suspicious of him at his home. As Pasudag was not informed of his rights or provided legal counsel during his interrogation and signing of the report, the evidence obtained was inadmissible.

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    People vs. Pasudag - Yap Rolan Klyde

    Uploaded by

    Rolan Klyde Kho Yap
    30 views1 page
    The case involved Albert Pasudag who was found growing marijuana plants in his backyard by police. Pasudag was taken into the police station where he admitted to owning the plants and signed a confiscation report. Pasudag argued on appeal that he was under custodial investigation when he signed the report and was not assisted by counsel. The court ruled that Pasudag was indeed under custodial investigation from the moment police became suspicious of him at his home. As Pasudag was not informed of his rights or provided legal counsel during his interrogation and signing of the report, the evidence obtained was inadmissible.

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    The case involved Albert Pasudag who was found growing marijuana plants in his backyard by police. Pasudag was taken into the police station where he admitted to owning the plants and signed a confiscation report. Pasudag argued on appeal that he was under custodial investigation when he signed the report and was not assisted by counsel. The court ruled that Pasudag was indeed under custodial investigation from the moment police became suspicious of him at his home. As Pasudag was not informed of his rights or provided legal counsel during his interrogation and signing of the report, the evidence obtained was inadmissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views1 page

    People vs. Pasudag - Yap Rolan Klyde

    Uploaded by

    Rolan Klyde Kho Yap
    The case involved Albert Pasudag who was found growing marijuana plants in his backyard by police. Pasudag was taken into the police station where he admitted to owning the plants and signed a confiscation report. Pasudag argued on appeal that he was under custodial investigation when he signed the report and was not assisted by counsel. The court ruled that Pasudag was indeed under custodial investigation from the moment police became suspicious of him at his home. As Pasudag was not informed of his rights or provided legal counsel during his interrogation and signing of the report, the evidence obtained was inadmissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ROLAN KLYDE YAP

    People vs. Pasudag


    G.R. No. 128822, May 4, 2001
    Rights under custodial investigation Sec. 12
    Available only during custodial investigation

    Facts:
    The case arose when one of the police officers noticed marijuana plant in a house
    owned by Albert Pasudag. After reporting the incident to the Chief of Police, a team
    went to the area and seized the plant.

    At the police station, Pasudag admitted that he was the owned the marijuana
    plants. Thereafter, a police officer prepared a confiscation report which accused
    Pasudag signed.

    The Trial Court find the accused guilty. However during appeal, Pasudag
    contended that the trial court erred in concluding that the confiscation report was not
    an extrajudicial admission which required the intervention of his counsel.

    Issue:
    Whether Pasudag was under custodial investigation when he signed the
    confiscation receipt

    Ruling:
    Yes, the accused was already under custodial investigation when he signed the
    confiscation receipt.

    It has been held repeatedly that custodial investigation commences when a


    person is taken into custody and is singled out as a suspect in the commission of a crime
    under investigation and the police officers begin to ask questions on the suspect's
    participation therein and which tend to elicit an admission.

    Here, the accused was a suspect from the moment the police team went to his
    house and ordered the uprooting of the marijuana plants in his backyard garden.

    Therefore, the court ruled that the evidence obtained was inadmissible as
    Pasudag was not previously informed of his constitutional rights and in both the
    interrogation and the signing of the confiscation receipt, no counsel assisted Pasudag.

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