People v. Bolanos, 211 SCRA 262 (1992)

People v. Bolanos, 211 SCRA 262 (1992) 

FACTS:
On June 23, 1993, the deceased Oscar Pagdalian was found dead after a drinking spree with two others, one of which being the accused, Ramon Bolanos. When the accused was nabbed by the police upon corroborated testimonies, the gun of the deceased was found with him, thus strengthening the case against him.
They boarded Ramon Bolanos and along with the other companion on the drinking spree on the police vehicle and brought them to the police station. In the vehicle where the suspect was riding, Ramon Bolanos accordingly admitted that he killed the deceased Oscar Pagdalian because he was abusive.
The admission was used by RTC of Malolos, Bulacan in holding the accused guilty beyond reasonable doubt, arguing that the same was given freely and before the investigation, hence, admissible as evidence.
 
ISSUE:
 Whether or not the accused-appellant was deprived of his constitutional right to counsel.
 
RULING: Yes.
Being already under custodial investigation while on board the police patrol jeep on the way to the Police Station where formal investigation may have been conducted, appellant should have already been informed of his Constitutional rights under Article III, Section 12 of the 1987 Constitution, more particularly par. 1 and par. 3.
Article III, Section 12 of the 1987 Constitution which explicitly provides:
(1)          Any person under investigation for the commission of an offense shall have the right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the service of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2)          No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3)          Any confession or admission obtained in violation of this or the preceding section shall be inadmissible in evidence against him.
(4)          The law shall provide for penal and civil sanctions for violation of this section as well as compensation and rehabilitation of victims of torture or similar practices and their families.
Failing to have the accused informed of this right and being unassisted by a counsel during the alleged confession, the same cannot hold admissible in evidence against the accused.