People VS Ordoño

PEOPLE VS ORDOÑO  But in arraignment both accused suddenly pleaded not guilty
FACTS of the crime and claimed that they were threatened and
 The records show that on 5 August 1994 the decomposing coerced by the police to say that they committed the crime.
body of a young girl was found among the bushes near a ISSUE/S:
bridge in Barangay Poblacion, Santol, La Union. W/N confessions to the police are inadmissible as evidence because
 The girl was later identified as Shirley Victore, fifteen (15) they had no counsel to assist them during custodial investigation -
years old, a resident of Barangay Guesset, Poblacion, Santol, YES however, their confession to the radio broadcaster is admissible
La Union who was reported missing 3 days before. RULING: AFFIRMED
 Post-mortem examination conducted by Dr. Arturo Llavore, RATIO
a medico-legal officer of the NBI, revealed that the victim  For confession to be admissible, there are 4 fundamental
was raped and strangled to death. requirements
 On 10 August 1994 the accused Pacito Ordoo and Apolonio  Voluntary confession
Medina returned to the police station one after another and  Made with the assistance of competent and
acknowledged that they had indeed committed the crime. independent counsel
 The police immediately conducted an investigation and put  Express confession
their confessions in writing. The investigators however could  Confession in writing
not at once get the services of a lawyer to assist the accused  In the case, custodial investigation began when they
in the course of the investigation because there were no voluntarily went to the police station to confess
practicing lawyers in the Municipality of Santol, a remote  When they couldnt find a lawyer, the police should have
town of the Province of La Union. desisted from continuing the interrogation.
 Still, the statements of the two accused where nevertheless  The presence of the Mayor, priest etc and the PAO lawyer
taken. But before doing so, both accused were apprised in days after did not cure the absence of counsel during
their own dialect of their constitutional right to remain silent invetigation
and to be assisted by a competent counsel of their choice.  RA7438 does not propose that they appear in the alternative
 Upon their acquiescence and assurance that they understood or as a substitute for counsel without any condition or clause.
their rights and did not require the services of counsel, the It is explicitly stated therein that before the above-mentioned
investigation was conducted with the Parish Priest, the persons can appear two (2) conditions must be met: (a)
Municipal Mayor, the Chief of Police and other police counsel of the accused must be absent, and, (b) a valid
officers of Santol, La Union, in attendance to listen to and waiver must be executed.
witness the giving of the voluntary statements of the two (2)  Valid waiver needs counsel’s presence so without counsel,
suspects who admitted their participation in the crime. no valid waiver and RA7438 cannot be applied
 The 2 were brought to the PAO office and the lawyer  Regarding the radio interview, the Radio announcer testified
appraised each of them of their constitutional rights and that their interviews were not altered and those were their
explained the consequences of their confessions.
actual voices admitting the crime they committed. They even
expressed their remorse.
 The interviews were admissible because it was not made
voluntarily by accused to the reporter and it was between
private persons not between the accused (private person) and
an investigating officer.
 What the Constitution bars is the compulsory disclosure of
incriminating facts or confessions. The rights enumerated
under Sec. 12, Art. III, are guaranteed to preclude the
slightest use of coercion by the state as would lead the
accused to admit something false, not to prevent him from
freely and voluntarily telling the truth.

People VS Ordoño

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PEOPLE VS ORDOÑO  But in arraignment both accused suddenly pleaded not guilty

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