Beruflich Dokumente
Kultur Dokumente
v
Maqueda
As
to
the
admissions
made
by
Maqueda
to
Prosecutor
Zarate
and
Ray
Dean
Salvosa,
the
trial
court
admitted
their
testimony
thereon
only
to
prove
the
tenor
of
their
conversation
but
not
Facts:
British
Horace
William
Barker
(consultant
of
WB)
was
slain
inside
his
house
in
Tuba,
to
prove
the
truth
of
the
admission
because
such
testimony
was
objected
to
as
hearsay.
Benguet
while
his
Filipino
wife,
Teresita
Mendoza
was
badly
battered
with
lead
pipes
on
the
Maqueda
voluntarily
and
freely
made
them
to
Prosecutor
Zarate
not
in
the
course
of
an
occasion
of
a
robbery.
Two
household
helpers
of
the
victims
identified
Salvamante
(a
former
investigation,
but
in
connection
with
Maqueda's
plea
to
be
utilized
as
a
state
witness;
and
as
houseboy
of
the
victims)
and
Maqueda
as
the
robbers.
Mike
Tabayan
and
his
friend
also
saw
to
the
other
admission
(Salvosa),
it
was
given
to
a
private
person
therefore
admissible.
the
two
accused
a
kilometer
away
from
the
house
of
the
victims
that
same
morning,
when
the
two
accused
asked
them
for
directions.
Note:
a
distinction
between
a
confession
and
admission
has
been
made
by
the
SC:
Admission
of
a
party.
—
The
act,
declaration
or
omission
of
party
as
to
a
relevant
fact
may
be
Maqueda
was
then
arrested
in
Guinyangan,
Quezon.
He
was
taken
to
Calauag,
Quezon
where
given
in
evidence
against
him.
he
signed
a
Sinumpaang
Salaysay
wherein
he
narrated
his
participation
in
the
crime.
According
to
SPO3
Molleno,
he
informed
Maqueda
of
his
constitutional
rights
before
he
Confession.
—
The
declaration
of
an
accused
acknowledging
his
guilt
of
the
offense
charged,
signed
such
document.
Afterwards
he
was
brought
to
the
Benguet
Provincial
Jail.
While
he
or
of
any
offense
necessarily
included
therein,
may
be
given
in
evidence
against
him.
was
under
detention,
Maqueda
filed
a
Motion
to
Grant
Bail.
He
stated
therein
that
"he
is
willing
and
volunteering
to
be
a
State
witness
in
the
above
entitled
case,
it
appearing
that
he
is
the
least
guilty
among
the
accused
in
this
case."
TEODORO
R.
REGALA
v.
SANDIGANBAYAN,
GR
No.
105938,
1996-‐09-‐20
Facts:
Maqueda
also
admitted
his
involvement
in
the
commission
of
the
robbery
to
Prosecutor
Complaint
on
July
31,
1987
before
the
Sandiganbayan
by
the
Republic
of
the
Philippines,
Zarate
and
to
Salvosa.
through
the
Presidential
Commission
on
Good
Government
against
Eduardo
M.
Cojuangco,
Jr.,
as
one
of
the
principal...
defendants,
for
the
recovery
of
alleged
ill-‐gotten
wealth,
which
includes
shares
of
stocks
in
the
named
corporations
Issue:
Whether
or
Not
the
trial
court
was
correct
in
holding
that
the
Sinumpaan
Salaysay
is
Among
the
defendants
named
in
the
case
are
herein
petitioners
Teodoro
Regala,
Edgardo
J.
admissible
as
evidence.
Angara,
Avelino
V.
Cruz,
Jose
C.
Concepcion,
Rogelio
A.
Vinluan,
Victor
P.
Lazatin,
Eduardo
U.
Escueta
and
Paraja
G.
Hayudini,
and
herein
private
respondent
Raul
S.
Roco,
who
all
were
then...
partners
of
the
law
firm
Angara,
Abello,
Concepcion,
Regala
and
Cruz
Law
Offices
Held:
No.
The
Sinumpaang
Salaysay
is
inadmissible
because
it
was
in
clear
violation
of
the
(hereinafter
referred
to
as
the
ACCRA
Law
Firm).
constitutional
rights
of
the
accused.
First,
he
was
not
informed
of
his
right
to
remain
silent
In
the
course
of
their
dealings
with
their
clients,
the...
members
of
the
law
firm
acquire
and
his
right
to
counsel.
Second,
he
cannot
be
compelled
to
be
a
witness
against
himself.
At
information
relative
to
the
assets
of
clients
as
well
as
their
personal
and
business
the
time
of
the
confession,
the
accused
was
already
facing
charges
in
court.
He
no
longer
had
circumstances.
the
right
to
remain
silent
and
to
counsel
but
he
had
the
right
to
refuse
to
be
a
witness
and
not
As
members
of
the
ACCRA
Law
Firm,
petitioners
and
private
respondent
Raul
Roco
admit
that
to
have
any
prejudice
whatsoever
result
to
him
by
such
refusal.
And
yet,
despite
his
knowing
they
assisted
in
the
organization
and
acquisition...
of
the
companies
included
in
Civil
Case
No.
fully
well
that
a
case
had
already
been
filed
in
court,
he
still
confessed
when
he
did
not
have
0033,
and
in
keeping
with
the
office
practice,
ACCRA
lawyers
acted
as
nominees-‐stockholders
to
do
so.
of
the
said
corporations
involved
in
sequestration
proceedings.[2]...
espondent
Presidential
Commission
on
Good
Government
(hereinafter
referred
to
as
respondent
PCGG)
filed
a
The
contention
of
the
trial
court
that
the
accused
is
not
entitled
to
such
rights
anymore
"Motion
to
Admit
Third
Amended
Complaint"
and
"Third
Amended
Complaint"
which
because
the
information
has
been
filed
and
a
warrant
of
arrest
has
been
issued
already,
is
excluded
private
respondent
Raul
S.
Roco
from
the
complaint
in
PCGG
untenable.
The
exercise
of
the
rights
to
remain
silent
and
to
counsel
and
to
be
informed
Case
No.
33
as
party-‐defendan...
undertaking
that
he
will
reveal
the
identity
of
the
principal/s
thereof
under
Section
12(1)
of
the
Bill
of
Rights
are
not
confined
to
that
period
prior
to
the
for
whom
he
acted
as
nominee/stockholder
in
the
companies
involved
in
filing
of
a
criminal
complaint
or
information
but
are
available
at
that
stage
when
a
person
is
PCGG
Case
No.
33.
"under
investigation
for
the
commission
of
an
offense."
Petitioners
ACCRA
lawyers
subsequently
filed
their
"COMMENT
AND/OR
OPPOSITION"
dated
October
8,
1991
with
Counter-‐Motion
that
respondent
PCGG
similarly
grant
the
same
Pursuant
to
Section
12(3)
of
the
Bill
of
Rights
therefore,
such
extra-‐judicial
admission
is
treatment
to
them
(exclusion
as
parties-‐defendants)
as
accorded
private
respondent
Roco.
inadmissible
as
evidence.
In
its
"Comment,"
respondent
PCGG
set
the
following
conditions
precedent
for
the
exclusion
of
petitioners,
namely:
(a)
the
disclosure
of
the
identity
of
its
clients;
(b)
submission
of
Furthermore,
under
the
third
main
exception,
revelation
of
the
client's
name
would
obviously
documents
substantiating
the
lawyer-‐client
relationship;
and
(c)
the
submission
of
the...
provide
the
necessary
link
for
the
prosecution
to
build
its
case,
where
none
otherwise
deeds
of
assignments
petitioners
executed
in
favor
of
its
clients
covering
their
respective
exists.
It
is
the
link,
in
the
words
of
Baird,
"that
would
inevitably
form
the
chain
of...
shareholdings.[9]...
respondent
Sandiganbayan
promulgated
the
Resolution,
herein
testimony
necessary
to
convict
the
(client)
of
a...
crime."[47]
questioned,
denying
the
exclusion
of
petitioners
in
PCGG
Case
No.
33,
for
their
refusal
to
An
important
distinction
must
be
made
between
a
case
where
a
client
takes
on
the
services
of
comply
with
the
conditions
required
by
respondent
PCGG
an
attorney
for
illicit
purposes,
seeking
advice
about
how
to
go
around
the
law
for
the
Hence,
the
ACCRA
lawyers
filed
the
petition
for
certiorari,...
The
Honorable
Sandiganbayan
purpose
of
committing
illegal
activities
and
a
case
where
a
client
thinks
he
might
have
committed
grave
abuse
of
discretion
in
not
holding
that,
under
the
facts
of
this
case,
the
previously...
committed
something
illegal
and
consults
his
attorney
about
it.
The
first
case
attorney-‐client
privilege
prohibits
petitioners
ACCRA
lawyers
from
revealing
the
identity
of
clearly
does
not
fall
within
the
privilege
because
the
same
cannot
be
invoked
for
purposes
their
client(s)
and
the
other
information
requested
by
the
illegal.
The
second
case
falls
within
the
exception
because
whether
or
not
the
act
for
which
PCGG.
the...
advice
turns
out
to
be
illegal,
his
name
cannot
be
used
or
disclosed
if
the
disclosure
Issues:
leads
to
evidence,
not
yet
in
the
hands
of
the
prosecution,
which
might
lead
to
whether
or
not
this
duty
may
be
asserted
in
refusing
to
disclose
the
name
of
petitioners'
possible
action
against
him.
client(s)
in
the
case
at
bar.
There
are,
after
all,
alternative
sources
of
information
available
to
the
prosecutor
which
do
Ruling:
not
depend
on
utilizing
a
defendant's
counsel
as
a
convenient
and
readily
available
source
of
the
general
rule
in
our
jurisdiction
as
well
as
in
the
United
States
is
that
a
lawyer
may
not
information
in
the
building
of
a
case
against
the
latter.
Compelling
disclosure
of...
the
client's
invoke
the
privilege
and
refuse
to
divulge
the
name
or...
identity
of
his
client
name
in
circumstances
such
as
the
one
which
exists
in
the
case
at
bench
amounts
to
The
reasons
advanced
for
the
general
rule
are
well
established.
sanctioning
fishing
expeditions
by
lazy
prosecutors
and
litigants
which
we
cannot
and
will
not
First,
the
court
has
a
right
to
know
that
the
client
whose
privileged
information
is
sought
to
be
countenance.
protected
is
flesh
and
blood.
We
have
no
choice
but
to
uphold
petitioners'
right
not
to
reveal
the
identity
of
their
clients
Second,
the
privilege
begins
to
exist
only
after
the
attorney-‐client
relationship
has
been
under
pain
of
the
breach
of
fiduciary
duty
owing
to
their
clients,
because
the
facts
of
the
established.
The
attorney-‐client
privilege
does
not
attach
until
there
is
a
client.
instant
case
clearly
fall
within
recognized
exceptions
to
the
rule
that
the
client's
name
is...
not
Third,
the
privilege
generally
pertains
to
the
subject
matter
of
the
relationship.
privileged
information.
Finally,
due
process
considerations
require
that
the
opposing
party
should,
as
a
general
rule,
respondents
failed
to
show
-‐...
and
absolutely
nothing
exists
in
the
records
of
the
case
at
bar
-‐
know
his
adversary.
that
private
respondent
actually
revealed
the
identity
of
his
client(s)
to
the
PCGG.
the
general
rule
is
however
qualified
by
some
important
exceptions.
We
find
that
the
condition
precedent
required
by
the
respondent
PCGG
of
the
petitioners
for
1)
Client
identity
is
privileged
where
a
strong
probability
exists
that
revealing
the
client's
their
exclusion
as
parties-‐defendants
in
PCGG
Case
No.
33
violates
the
lawyer-‐client
name
would
implicate
that
client
in
the
very
activity
for
which
he
sought
the
lawyer's
advice.
confidentiality
privilege.
2 Where
disclosure
would
open
the
client
to
civil
liability,
his
identity
is
privileged.
.
The
condition
also
constitutes
a
transgression
by
respondents
3 Where
the
government's
lawyers
have
no
case
against
an
attorney's
client
unless,
by
Sandiganbayan
and
PCGG
of
the
equal
protection
clause
of
the
Constitution.[64]
It
is
grossly
revealing
the
client's
name,
the
said
name
would
furnish
the
only
link
that
would
unfair
to
exempt
one
similarly
situated
litigant
from
prosecution
without
allowing
the
same
form
the
chain
of
testimony
necessary
to
convict
an
individual
of
a
crime,
the
exemption
to
the
others.
client's
name
is...
privileged.
.
Moreover,
the
PCGG's
demand
not
only...
touches
upon
the
question
of
the
identity
of
their
there
exist
other
situations
which
could
qualify
as
exceptions
to
the
general
rule.
clients
but
also
on
documents
related
to
the
suspected
transactions,
not
only
in
violation
of
information
relating
to
the
identity
of
a
client
may
fall
within
the
ambit
of
the
privilege
when
the
attorney-‐client
privilege
but
also
of
the
constitutional
right
against
self-‐
the
client's
name
itself
has
an
independent
significance,
such
that
disclosure
would
then
incrimination.
Whichever
way
one
looks
at
it,...
this
is
a
fishing
expedition,
a
free
ride
at
the
reveal
client
confidences.
expense
of
such
rights.
Summarizing
these
exceptions,
in
Principles:
The
circumstances
involving
the
engagement
of
lawyers
in
the
case
at
bench,
therefore,
Rule
138
of
the
Rules
of
Court
states:
clearly
reveal
that
the
instant
case
falls
under
at
least
two
exceptions
to
the
general
Sec.
20.
It
is
the
duty
of
an
attorney:
rule.
First,
disclosure
of
the
alleged
client's
name
would
lead
to
establish
said
client's...
(e)
to
maintain
inviolate
the
confidence,
and
at
every
peril
to
himself,
to
preserve
the
secrets
connection
with
the
very
fact
in
issue
of
the
case,
which
is
privileged
information,
because
the
of
his
client,
and
to
accept
no
compensation
in
connection
with
his
client's
business
except
privilege,
as
stated
earlier,
protects
the
subject
matter
or
the
substance
(without
which
there
from
him
or
with
his
knowledge
and
approval.
would
be
no
attorney-‐client
relationship
Canon
17
of
the
Code
of
Professional
Responsibility
which
provides
that:
Canon
17.
A
lawyer
owes
fidelity
to
the
cause
of
his
client
and
he
shall
be
mindful
of
the
trust
and
confidence
reposed
in
him.
Canon
15
of
the
Canons
of
Professional
Ethics
also
demands
a
lawyer's
fidelity
to
client:
The
lawyer
owes
"entire
devotion
to
the
interest
of
the
client,
warm
zeal
in
the
maintenance
and
defense
of
his
rights
and
the
exertion
of
his
utmost
learning
and
ability,"
to
the
end
that
nothing
be
taken
or
be
withheld
from
him,
save
by
the
rules
of
law,
legally...
applied.
No
fear
of
judicial
disfavor
or
public
popularity
should
restrain
him
from
the
full
discharge
of
his
duty.
In
the
judicial
forum
the
client
is
entitled
to
the
benefit
of
any
and
every
remedy
and
defense
that
is
authorized
by
the
law
of
the
land,
and
he
may...
expect
his
lawyer
to
assert
every
such
remedy
or
defense.
But
it
is
steadfastly
to
be
borne
in
mind
that
the
great
trust
of
the
lawyer
is
to
be
performed
within
and
not
without
the
bounds
of
the
law.
The
office
of
attorney
does
not
permit,
much
less
does
it
demand
of...
him
for
any
client,
violation
of
law
or
any
manner
of
fraud
or
chicanery.
He
must
obey
his
own
conscience
and
not
that
of
his
client.
An
effective
lawyer-‐client
relationship
is
largely...
dependent
upon
the
degree
of
confidence
which
exists
between
lawyer
and
client
which
in
turn
requires
a
situation
which
encourages
a
dynamic
and
fruitful
exchange
and
flow
of
information.
It
necessarily
follows
that
in
order
to
attain
effective
representation,
the
lawyer...
must
invoke
the
privilege
not
as
a
matter
of
option
but
as
a
matter
of
duty
and
professional
responsibility.
Justice
Benjamin
Cardoz
Not
honesty
alone,
but
the
punctilio
of
an
honor
the
most
sensitive,
is
then
the
standard
of
behavior,"