Topic: Exclusionary Rule Pp v.

Fabro FACTS: Nicomedes Fabro, and four others were charged with murder of a certain Di onisio Joaquin. RTC found them guilty. In Fabro s appeal, he contends that his defen se of alibi should be considered and that his extrajudicial confession must be d eemed inadmissible for the following reasons: (1) appellant s confession was extract ed under threat and intimidation; (2) the lawyer's (Atty. Jungco s) participation wa s only as a witness during the signing of the prepared confession and not during the investigation or interrogation itself; and (3) appellant was made to sign t he confession without having read it and without the presence of counsel. HELD: The appeal is not meritorious. RATIO: Admissibility of Appellant s Confession A confession is defined in jurisprudence as a declaration made voluntarily and w ithout compulsion or inducement by a person, stating or acknowledging that he ha s committed or participated in the commission of a crime. In jurisprudence, no confession can be admitted in evidence unless it is given: 1. Freely and voluntarily, without compulsion, inducement or trickery 2. Knowingly based on an effective communication to the individual under custodi al investigation of his constitutional rights; and 3. Intelligently with full appreciation of its importance and comprehension of i ts consequences. When all these requirements are met and the confession is admitted in evidence, the burden of proof that it was obtained by undue pressure, threat or intimidati on rests upon the accused. This adherence to the Constitution is further confirmed by the confession itself . It starts off with a Pasubali wherein appellant was informed of his constitut ional rights and a Pagpapatunay which confirmed that he understood said rights. Both parts also serve as a written proof of appellant s waiver in fulfillment of th e requirements of the Constitution. Confession - It is a declaration made voluntarily and without compulsion or indu cement by a person acknowledging that he has committed or participated in the co mmission of a crime. Confession or admission obtained in violation of SEC. 12 an d SEC. 17 ART. III shall be inadmissible in evidence, because a confession of gu ilt constitutes formidable evidence against the accused, on the principle that n o one will knowingly, freely and deliberately admit authorship of a crime unless prompted by truth and conscience, particularly where the facts given could have been known only by accused.