*Case digest by Chrysmae B. Flora, JD-I, Andres Bonifacio College – School of Law 2019-2020

Topic: Custodial Investigation

THE PEOPLE OF THE PHILIPPINES vs. HERSON TAN y VERZO

G.R. No. 117321 February 11, 1998

Ponente: Romero, J.:

Facts:

          Freddie Saavedra, a trycicle driver, informed his wife that he will drive Lito Amido and appellant Herson Tan to barangay Maligaya. It was the last time that Freddie was seen alive for his body was later found sprawled on a diversion road with fourteen stab wound.

          Then, an abandoned sidecar of a tricycle was found in barangay Malinao. The police officers invited Tan in connection with the instant case with respect to the two robbery cases reported. Tan narrated that Amido and him were responsible for the loss of the motorcycle and the death of Saavedra, and that they sold the motorcycle to Danny Teves, who, voluntarily surrendered the motorcycle.

          On cross-examination, Lt. Carlos testified that he invited Tan to the headquarters without warrant. He did not inform Tan of his Miranda Rights nor did he reduce the confession into writing.

Issue:

          Whether or not a confession of the accused, given before a police investigator upon investigation and without the benefit of counsel is admissible against him.

Ruling:

          The confession of the accused is inadmissible. Even if the confession contains a grain of truth and even f the investigation done was not a custodial investigation, the confession in the case is not valid. Here, the said confession happened without the presence of a counsel and it was not reduced into writing.

          Under the Constitution and existing law and jurisprudence, a confession to be admissible must satisfy the following requirement: (1) it must be voluntary; (2) it must be with the assistance of a competent and independent counsel; (3) it must be expressed; and (4) it must be in writing.

          The constitutional rights of the accused to remain silent and to counsel, are impregnable from the moment he is investigated in connection with an offense he is suspected to have committed, even if the same be initiated by mere invitation.