This case has been cited 1 times or more.
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2003-04-04 |
QUISUMBING, J. |
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| This is not what is contemplated by law. In People v. Quidato, Jr.,[48] where the police officers already prepared the affidavits of the accused when they were brought to the CLAO (now PAO) lawyer, and the latter explained the contents of the affidavits in Visayan to the accused who affirmed the veracity and voluntary execution of the same, the court held that the affidavits are inadmissible in evidence even if they were voluntarily given. As also ruled in People v. Compil,[49] the belated arrival of the CLAO lawyer the following day, even if prior to the actual signing of the uncounseled confession, does not cure the defect of lack of counsel for the investigators were already able to extract incriminatory statements from the accused therein. Thus, in People v. De Jesus,[50] we said that admissions obtained during custodial interrogations without the benefit of counsel, although later reduced to writing and signed in the presence of counsel, are still flawed under the Constitution. | |||||