People v. Mahinay, 302 SCRA 455 (1999)
Whether or not the appellant’s extra-judicial confession was validly taken and in accordance with his rights under Section 12 of the Bill of Rights.
Yes. The conviction of the appellant is affirmed. Larry Mahinay during the custodial investigation and after having been informed of his constitutional rights with the assistance of Atty. Restituto Viernes of the Public Attorney's Office voluntarily gave his statement admitting the commission of the crime. Said confession of Mahinay given with the assistance of Atty. Restituto Viernes is believed to have been freely and voluntarily given. That accused did not complain to the proper authorities of any maltreatment on his person. He did not even inform the Inquest Prosecutor when he was sworn to the truth of his statement on 8 July 1995 that he was forced, coerced or was promised of reward or leniency. That his confession abound with details known only to him. The Court noted that a lawyer from the Public Attorneys Office Atty. Restituto Viernes and as testified by said Atty. Viernes informed and explained to Mahinay his constitutional rights and was present all throughout the giving of the testimony. That he signed the statement given by Mahinay.
A lawyer from the Public Attorneys Office is expected to be watchful and vigilant to notice any irregularity in the manner of the investigation and the physical conditions of the accused. The post mortem findings show that the cause of death Asphyxia by manual strangulation; Traumatic Head injury Contributory substantiate. Consistent with the testimony of Mahinay that he pushed the victim and the latter's head hit the table and the victim lost consciousness. There being no evidence presented to show that said confession were obtained as a result of violence, torture, maltreatment, intimidation, threat or promise of reward or leniency nor that the investigating officer could have been motivated to concoct the facts narrated in said affidavit; the confession of the accused is held to be true, correct and freely or voluntarily given. In his extrajudicial confession, Mahinay himself admitted that he had sexual congress with the unconscious child. Such circumstantial evidence, besides 8 others, established the felony of rape with homicide defined and penalized under Section 335 of the Revised Penal Code, as amended by Section 11, RA 7659.