PEOPLE OF THE PHILIPPINES vs. ROBELYN CABANADA y ROSAURO,

G.R. No. 221424, July 19, 2017

FACTS:

On Easter Sunday, private complainant Catherine and her family visited her mother in Bulacan and left Cabanada in her house. On the following day, she and her husband were surprised to discover that some of their money and jewelry were already missing. She immediately called the Mandaluyong Police Station to report the incident.

Cabanada alleges that her alleged admissions cannot be considered as done in an ordinary manner, spontaneously, fully and voluntarily as it was elicited through the questions of PO2 Cotoner. She was patently treated as a suspect when she was being interviewed at the Victoria's residence. Thus, her uncounselled admissions are inadmissible in evidence for having been obtained without a valid waiver on her part.

On the other hand, the OSG argues that although Cabanada's confession may have been obtained through PO2 Cotoner's interview, the same was given freely and spontaneously during a routine inquiry and not while she was under custodial investigation. She made the said admission in her employer's residence wherein she was neither deprived of her liberty nor considered a suspect. The OSG emphasizes that since the investigation had just begun, it was entirely within the authority and discretion of the police officers to question any person within the household who could have related any unusual events that occurred on the day the Victoria family went to Bulacan.

ISSUE:

Whether or not respondent was under custodial investigation.

RULING:

The Court finds the appeal partly meritorious.

Section 12, paragraphs 1and3, Article III (Bill of Rights) of the 1987 Constitution provide that:

SEC. 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

 (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

The above provision in the Constitution embodies what jurisprudence has termed as "Miranda rights." The Miranda doctrine requires that: (a) any person under custodial investigation has the right to remain silent; (b) anything he says can and will be used against him in a court of law; (c) he has the right to talk to an attorney before being questioned and to have his counsel present when being questioned; and (d) if he cannot afford an attorney, one will be provided before any questioning if he so desires.¹⁴ The said rights are guaranteed to preclude the slightest use of coercion by the State as would lead the accused to admit something false, not to prevent him from freely and voluntarily telling the truth.

The circumstances surrounding Cabanada's appearance before the police station falls within the definition of custodial investigation. Despite the claim that she was not considered as a suspect at that time, the fact remains that she confessed to having committed the crime and was able to produce the money from her room. The investigation, therefore, ceased to be a general inquiry even if they contemplated that she was covering for someone.

The subsequent confession of Cabanada at the CIU office can be considered as having been done in a custodial setting because (1) after admitting the crime, Cabanada was brought to the police station for further investigation; (2) the alleged confession happened in the office of the chief; (3) PO2 Cotoner was present during Cabanada's apology and admission to Catherine. The compelling pressures of custodial setting were present when the accused was brought to the police station along with Catherine.