Beruflich Dokumente
Kultur Dokumente
vs.
EDWIN MORIAL, LEONARDO MORIAL alias "CARDING" NONELITO ABION *
alias "NOLY", defendants-appellants.
G.R. No. 129295.
Facts: On January 6, 1996, Paula and Albert Bandibas were killed and
robbed. As a part of the investigation and as a result of a witness testimony,
Edwin and Leandro Morial were asked several questions by the policemen
and were invited to the police station for continuing investigation. They were
turned over to SPO4 Andres Fernandez and later interrogated again after
they woke up at past 6 in the morning. That investigation conducted by SPO4
Fernandez resulted into the admission by Leandro that he was one of those
who participated in the robbery with homicide. With the latters consent, his
statements were reduced into writing. SPO4 Fernandez then advised him of
his right to remain silent and to have a counsel, whatever will be his answer
will be used as evidence in court. SPO4 Fernandez volunteered to obtain a
lawyer for the suspect, to which Leandro consented. Atty. Aguilar was
contacted by the former and he first met the latter at January 9, 1996 at
about 8:00 in the morning. After Leandro agreed to answer voluntarily
knowing that the same can be used against him as evidence in court, the
investigation was conducted by SPO4 Fernandez with the presence of the
counsel. After all the material points were asked, Atty. Aguilar asked the
investigator if he can leave due to very important engagement. The latter
agreed to the lawyers request. But before leaving, Atty. Aguilar asked
Leonardo if he was willing to answer questions in his absence, the latter
agreed. During and despite Atty. Aguilars absence, SPO4 Fernandez
continued with the investigation and propounded several more questions to
Leonardo, which the latter answered.
Issue:
Whether or not Leonardo Morials right to counsel was waived during the
investigation.
Held: Leonardo was effectively deprived of his right to counsel during the
custodial investigation; therefore his quasi-judicial confession is inadmissible
in evidence against him and his other co-accused. The Court stressed out
that an accused under custodial interrogation must continuously have a
counsel assisting him from the very start thereof. SPO4 Fernandez cannot
justify that Atty. Aguilar only left after Leonardo had admitted that he and his
companions committed the crime. Neither can Atty. Aguilar rationalize that
he only left after Leonardo had admitted the material points, referring to
the participation of the three accused to the crime. Both are invalid since
Section 2 of R.A. No. 7438 requires that any person arrested, detained or