PEOPLE vs. MORIAL | G.R. No. 129295 | August 15, 2001

PEOPLE vs. MORIAL
G.R. No. 129295, August 15, 2001 
 
Facts

Edwin Morial, Leonardo Morial and Nonelito Abinon were convicted of Robbery with Homicide. During the custodial investigation, Leonardo Morial made an extrajudicial confession admitting to the crime. However, later on, he recanted his confession saying that the police tortured him into admitting the crime. On appeal, Morial moved to quash the extrajudicial confession claiming that such confession was made without the assistance of counsel given him by the police was not present during the whole interrogation. He left to attend some personal matters while the interrogation of Morial was still going on. However, said attorney claimed that he was present when Morial signed the admission. 
 
Issue
 
Whether or not the extrajudicial confession can be used as evidence against the accused. 
 
Ruling

The extrajudicial confession cannot be used against the accused. An accused under custodial interrogation must continuously have a counsel assisting him from the very start until the termination of such investigation. An effective and vigilant counsel ―necessarily and logically requires that the lawyer be present and able to advise and assist his client from the time the confessant answers the first question asked by the investigating officer until the signing of the confessant answers the first question asked by the investigating officer until the signing of the extrajudicial confession.‖ Section 2A of RA No 7438 requires that ―any person arrested, detained or under custodial investigation shall at all times be assisted by counsel. In the absence of any lawyer, no custodial investigation shall be conducted‖. Additionally, there was an invalid waiver of the right to counsel since this right cannot be waived unless the same is made in writing and in the presence of counsel. No such written and counseled waiver of these rights was offered in evidence. 

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