G.R. No. 146277 June 20, 2002 Was the receipt legally obtained so as to render it admissible as evidence? TOPIC: INSTANCES OF CUSTODIAL INVESTIGATION Ruling: No Summary: Ratio: This case is an instant appeal assailing the decision of the Regional Trial Court (RTC) in finding the accused The receipt could not be considered evidence against Casimiro guilty of violating RA 6425. He allege that there was accused-appellant because it was signed by him without the an insufficient amount of evidence to prove his guilt beyond assistance of counsel. Art. III, §12(1) of the Constitution reasonable doubt. The SC agrees with this allegation saying provides: that one such infirmity is the inadmissible “Receipt of Property Seized” because it was signed by the accused without the Any person under investigation for the commission of assistance of a counsel an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel Doctrine: preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights A receipt of property seized signed without the cannot be waived except in writing and in the presence of assistance of counsel is inadmissible in Court and is presumed counsel. to have been obtained through coercion. The receipt states that a brick of dried marijuana leaves Facts: was delivered by the suspect to a poseur buyer and signed by This case is an instant appeal assailing the decision of accused-appellant Albert Casimiro as "suspect/ owner." In the Regional Trial Court (RTC) in finding the accused effect, the accused admitted that he delivered a prohibited drug Casimiro guilty of violating RA 6425. The NarCom of Baguio to another, which is an offense under the law. Having been City acting on an information from an informer conducted a made without the assistance of counsel, it cannot be accepted buy-bust operations. During that operations PO2 Supa acting as as proof that marijuana was seized from him. It is inadmissible a poseur-buyer allegedly bought from the accused a brick of in evidence. marijuana for Php 1,500.00. After the alleged transaction was In People v. Obrero, the Court held that an uncounseled completed PO2 Supa and the other agents of the NarCom statement is presumed by the Constitution to be arrested Casimiro and brought him to the NarCom Office in psychologically coerced. Swept into an unfamiliar environment Baguio City where he was asked to sign various documents and surrounded by intimidating figures typical of the including the receipt of property seized without the assistance atmosphere of a police interrogation, the suspect needs the of counsel. guiding hand of counsel. Thus it cannot be said that, in signing the receipt without a lawyer, the accused acted willingly, intelligently, and freely.