PEOPLE V ALICANDO
G.R. No. 117487 | December 12, 1995 | EN BANC
PUNO, J.:
FACTS:
Thus, the trial court gave full faith and credit to the physical evidence
presented by the prosecution. To quote its Decision, 13 viz:
xxx xxx xxx
Further, there are physical evidence to prove Khazie was
raped. These consists of a pillow with bloodstains in its
center 14 and the T-shirt 15 of the accused colored white
with bloodstains on its bottom. These physical evidence are
evidence of the highest order. They strongly corroborate the
testimony of Luisa Rebada that the victim was raped.
These are inadmissible evidence for they were gathered by PO3 Danilo
Tan of the Iloilo City PNP as a result of custodial interrogation where
appellant verbally confessed to the crime without the benefit of
counsel.
In the case at bar, PO3 Tan did not even have the simple sense to reduce
the all important confession of the appellant in writing. Neither did he
present any writing showing that appellant waived his right to silence
and to have competent and independent counsel despite the blatant
violation of appellant's constitutional right, the trial court allowed his
uncounselled confession to flow into the records and illicitly used it in
sentencing him to death.
It is not only the uncounselled confession that is condemned as inadmissible,
but also evidence derived therefrom. The pillow and the T-shirt with the
alleged bloodstains were evidence derived from the uncounselled confession
illegally extracted by the police from the appellant.
IN VIEW WHEREOF, the Decision in Criminal Case No. 43663, convicting
accused Arnel Alicando of the crime of Rape with Homicide and sentencing
him to suffer the penalty of death is annulled and set aside and the case is
remanded to the trial court for further proceedings. No costs.