[119] PEOPLE v.

ANDAN  After his confession, appellant hugged his wife and son and asked the mayor to help
G.R. No. 116437; March 03, 1997; 269 SCRA 95 him.
o His confession was captured on videotape and covered by the media
TOPIC: [6.0] Arrest > [6.5] Rights of Persons Arrested, Detained, or Under Custodial nationwide.
Investigation; Duties of Pubic Officers  On arraignment, however, appellant entered a plea of "not guilty."
o He testified that on said date he was at his parent's house for the birthday
SUMMARY: Accused-appellant and two other suspects were rounded up in connection with a party of his nephew.
rape with homicide case. In the presence of the mayor, the police, representatives of the media o Appellant claimed that after he was picked up by the police on February 24,
and appellant’s own wife and son, appellant confessed his guilt, disclosed how he killed Marianne he was coerced to confess that he raped and killed Marianne.
and volunteered to show them the place where he hid her bags. The confession was captured on o Fearing for his life, appellant did as he was told.
videotape. TC convicted the appellant and sentenced him to death. SC held that the extrajudicial
 TC convicted the appellant and sentenced him to death. He was found guilty of the
oral confession unassisted by a counsel is admissible in evidence [see doctrine].
crime charged in the Information (Rape with Homicide) and penalized accordingly.
DOCTRINE o Hence, the automatic review.
 What the Constitution bars is the compulsory disclosure of incriminating facts or
confessions. ISSUE(S)/HELD
o The rights under Sec. 12 thereof are guaranteed to preclude the slightest use Whether or not accused-appellant’s extrajudicial oral confession unassisted by a counsel
of coercion by the state as would lead the accused to admit something false, is admissible in evidence. – YES
not to prevent him from freely and voluntarily telling the truth.  Under these circumstances, it cannot be successfully claimed that appellant's
o Hence we hold that appellant's confession to the mayor was correctly confession before the mayor is inadmissible.
admitted by the trial court.  It is true that a municipal mayor has "operational supervision and control" over the local
police and may arguably be deemed a law enforcement officer for purposes of applying
RELEVANT PROVISION(S) Sec.12(1) & (3) of Art. III of the Constitution.
o However, appellant's confession to the mayor was not made in response to
FACTS any interrogation by the latter.
 Pablito Andan alias "Bobby" was accused of the crime of rape with homicide. o In fact, the mayor did not question appellant at all. No police authority ordered
o The offense was committed on February 19, 1994 in Baliuag, Bulacan; the appellant to talk to the mayor.
victim being Marianne Guevarra, 22 and a 2nd year student at the Fatima  It was appellant himself who spontaneously, freely and voluntarily sought the mayor for
School of Nursing. a private meeting. The mayor did not know that appellant was going to confess his guilt
o The autopsy revealed that she died of "traumatic injuries." to him.
 Marianne's gruesome death drew public attention and prompted Baliuag Mayor Cornelio  When appellant talked with the mayor as a confidant and not as a law enforcement
Trinidad to form an investigation team. officer, his uncounseled confession to him did not violate his constitutional rights.
 On February 24, a police team led by Mayor Trinidad traced appellant in his parents' o Thus, it has been held that the constitutional procedures on custodial
house. investigation do not apply to a spontaneous statement, not elicited through
o They took him and brought him to the police headquarters where he was questioning by the authorities, but given in an ordinary manner whereby
interrogated. appellant orally admitted having committed the crime.
o Initially, he denied any knowledge of Marianne's death. However, when the  What the Constitution bars is the compulsory disclosure of incriminating facts or
police confronted him with evidence, appellant relented but implicated two of confessions.
his neighbours, and that he was merely a lookout. o The rights under Sec. 12 thereof are guaranteed to preclude the slightest use
 Upon seeing the mayor, appellant approached him and whispered that they talk of coercion by the state as would lead the accused to admit something false,
privately. not to prevent him from freely and voluntarily telling the truth.
o The mayor led him to the office of the Chief of Police and there, he broke o Hence we hold that appellant's confession to the mayor was correctly
down and said "Mayor, patawarin mo ako! I will tell you the truth. I am the admitted by the trial court.
one who killed Marianne."  Appellant's confessions to the media were likewise properly admitted.
o The mayor opened the door of the room to let the public and media o The confessions were made in response to questions by news reporters, not
representatives witness the confession. by the police or any other investigating officer. The Court held that statements
 Since no lawyer was available he ordered the proceedings photographed and spontaneously made by a suspect to news reporters on a televised interview
videotaped. are deemed voluntary and are admissible in evidence.
o In the presence of the mayor, the police, representatives of the media and o The Court therefore held accused-appellant Pablito Andan guilty of the
appellant's own wife and son, appellant confessed his guilt. special complex crime of rape with homicide.
o He asked for forgiveness from Larin and Dizon whom he falsely implicated
saying he did it because of ill-feelings against them. RULING
o He also said that the devil entered his mind because of the pornographic
magazines and tabloid he read almost every day. DISPOSITIVE: