G.R. No. 122485 February 1, 1999 PEOPLE OF THE PHILIPPINES, plai !i""#appellee, $%.
L&RR' (&HIN&' ' &(P&R&)O, a**u%e+#appella !. Fa*!% o" !,e *a%e: Larry Mahinay started working as houseboy for Maria Isip on November 20, 19 !" #he vi$tim, Ma" %i$toria &han, 12 years o'd, was Isip(s neighbor in )ian *treet, who used to p'ay inside Isip+s $ompound" In the evening, Mahinay showed up at Norgina ,ivera(s, uneasy and in deep thought" -is hair was disarrayed. he was drunk and was wa'king in a da/ed manner" Norgina asked why he 'ooked so worried but he did not answer" #hen he 'eft and wa'ked ba$k to the $ompound" Meanwhi'e, 0'vira &han noti$ed that her daughter, Ma" %i$toria, was missing" 1n the fo''owing day, Mahinay boarded a passenger 2eepney at the talipapa, a'ighted at the North 03pressway and disappeared" #hat same morning, around 4:!0, a $ertain 5oy found the dead body of Ma" %i$toria inside the septi$ tank" -er fa$e bore bruises and the resu'ts of the autopsy revea'ed that the $ause of death was asphy3ia by manua' strangu'ation" -er hymen was ta'' and thi$k with $omp'ete 'a$erations and $ongested with b'ood $'ots" Mahinay be$ame a suspe$t in the s'aying, but he $ou'd not be 'o$ated" 6fter a series of fo''ow7up operations, Mahnay was fina''y arrested in 5arangay 1bario Mata'a, Ibaan, 5atangas" -e was brought to the %a'en/ue'a 8o'i$e *tation" 1n 9u'y 4, 199 , with the assistan$e of 6tty" ,estituto %iernes :861;, Mahinay e3e$uted an e3tra72udi$ia' $onfession detai'ing how he raped and ki''ed the vi$tim" -e was then $harged with rape with homi$ide" 6fter tria', the 'ower $ourt rendered a de$ision $onvi$ting Mahinay of the $rime $harged and senten$ed him to death by e'e$tro$ution" ,e$ord of the $ase was forwarded to the *upreme &ourt for automati$ review"
I%%ue% <hether Larry Mahinay+s e3tra72udi$ia' $onfession was admissib'e in $ourt and whether Mahinay+s $onstitutiona' right to $ounse' was vio'ated"
Ruli .: #he $onvi$tion of appe''ant was affirmed by the *upreme &ourt" #he e3tra2udi$ia' $onfession of the appe''ant himse'f admitted that he had se3ua' $ongress with the un$ons$ious $hi'd" #he appe''ant $'aims that his e3tra72udi$ia' $onfession was e3e$uted in vio'ation of his $onstitutiona' right to $ounse'" 1
5ut his $ontention is be'ied by the re$ords as we'' as the testimony of the 'awyer who assisted, warned and e3p'ained to him his $onstitutiona''y guaranteed pre7interrogatory and $ustodia' rights"
In this $ase, the $ourt reiterated the pro$edures to be observed in $ustodia' investigation whi$h are as fo''ows: 1" #he person arrested, detained, invited or under $ustodia' investigation must be informed in a 'anguage known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest, if any. 0very other warnings, information or $ommuni$ation must be in a 'anguage known to and understood by said person. 2" -e must be warned that he has a right to remain si'ent and that anystatement he makes may be used as eviden$e against him. !" -e must be informed that he has the right to be assisted at a'' times and have the presen$e of an independent and $ompetent 'awyer, preferab'y of his own $hoi$e. =" -e must be informed that if he has no 'awyer or $annot afford the servi$es of a 'awyer, one wi'' be provided for him. and that a 'awyer may a'so be engaged by any person in his beha'f, or may be appointed by the $ourt upon petition of the person arrested or one a$ting in his beha'f. " #hat whether or not the person arrested has a 'awyer, he must be informed that no $ustodia' investigation in any form sha'' be $ondu$ted e3$ept in the presen$e of his $ounse' or after a va'id waiver has been made. >" #he person arrested must be informed that, at any time, he has the right to $ommuni$ate or $onfer by the most e3pedient means 7 te'ephone, radio, 'etter or messenger 7 with his 'awyer :either retained or appointed;, any member of his immediate fami'y, or any medi$a' do$tor, priest or minister $hosen by him or by any one from his immediate fami'y or by his $ounse', or be visited by?$onfer with du'y a$$redited nationa' or internationa' non7 government organi/ation" It sha'' be the responsibi'ity of the offi$er to ensure that this is a$$omp'ished. 4" -e must be informed that he has the right to waive any of said rights provided it is made vo'untari'y, knowing'y and inte''igent'y and ensure that he understood the same. @" In addition, if the person arrested waives his right to a 'awyer, he must be informed that it must be done in writing 6N) in the presen$e of $ounse', otherwise, he must be warned that the waiver is void even if he insist on his waiver and $hooses to speak. 9" #hat the person arrested must be informed that he may indi$ate in any manner at any time or stage of the pro$ess that he does not wish to be Auestioned with warning that on$e he makes su$h indi$ation, the po'i$e may 2
not interrogate him if the same had not yet $ommen$ed, or the interrogation must $eased if it has a'ready begun. 10" #he person arrested must be informed that his initia' waiver of his right to remain si'ent, the right to $ounse' or any of his rights does not bar him from invoking it at any time during the pro$ess, regard'ess of whether he may have answered some Auestions or vo'unteered some statements. 11" -e must a'so be informed that any statement or eviden$e, as the $ase may be, obtained in vio'ation of any of the foregoing, whether in$u'patory or e3$u'patory, in who'e or in part, sha'' be inadmissib'e in eviden$e"
