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PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.


ALIAS TERIO, Accused-Appellant.

G.R. No. 186228 March 15, 2010

Short digest:

FACTS: Appellant Lauga was charged of qualified rape by his daughter.

Testimonies revealed that the victim was left alone at home while his father was
having drinking spree at the neighbor’s place. Her mother decided to leave because
appellant has the habit of mauling her mother every time he gets drunk. Her only
brother also went out with some neighbors.

At around 10pm, appellant woke up the victim, removed his pants and slid
inside the blanket covering the victim and removed her pants and underwear.
Appellant had warned the victim not to shout for help. He proceeded to have carnal
knowledge of her daughter by threatening her with his fist and a knife. Soon after,
the victim’s brother arrived and saw her crying. Appellant claimed he scolded the
victim for staying out late. The two decided to leave the house.

While on their way to their maternal grandmother’s house, victim recounted

to her brother what happened to her. They later told the incident to their
grandmother and uncle who sought the assistance of Moises Boy Banting. Banting
found appellant in his house wearing only his underwear. He was invited to the
police station to which he obliged. Appellant admitted to Banting that he indeed
raped her daughter because he was unable to control himself.

The trial court convicted the accused for qualified rape. Upon appeal, the CA
affirmed with modification the ruling of the trial court. Hence this petition.

ISSUE: Whether or not appellant’s extrajudicial confession without counsel

admissible in evidence?


llant’s extrajudicial confession without counsel admissible in evidence?

HELD: Negative.

Barangay-based volunteer organizations in the nature of watch groups, as in the

case of the "bantay bayan," are recognized by the local government unit to perform
functions relating to the preservation of peace and order at the barangay level.
Thus, without ruling on the legality of the actions taken by Moises Boy Banting, and
the specific scope of duties and responsibilities delegated to a "bantay bayan,"
particularly on the authority to conduct a custodial investigation, any inquiry he
makes has the color of a state-related function and objective insofar as the
entitlement of a suspect to his constitutional rights provided for under Article III,
Section 12 of the Constitution, otherwise known as the Miranda Rights, is

Even if the extrajudicial confessions were not admitted as evidence, it does

not warrant the acquittal of the accused. The appellant’s conviction is upheld
because of the strong evidence showing his guilt beyond reasonable doubt.

Principle: The extrajudicial confession of appellant, which was taken

without a counsel, inadmissible in evidence.