People of the Philippines vs. Clemente John Lugod, G.R. No.

136253, February 21, 2001

Facts:
On October 10, 1997, an Information for rape with homicide of Nairube J. Ramos was filed against
Clemente John Lugod.
Upon arraignment, the accused with the assistance of counsel entered a plea of not guilty.
Thereafter, trial ensued.
The prosecution presented several witnesses in support of its charge against the accused, among
which was Floro Esguerra, the Vice-Mayor of Cavinti, who testified that on September 19, 1997,
after attending the funeral of Nairube, he visited the accused in his cell. In the course of his
conversation with the accused, the accused confessed to the commission of the offense.
On October 8, 1998 the RTC rendered a decision finding the accused guilty beyond reasonable
doubt of the crime of rape with homicide. Hence, this automatic review.
Issue:
Whether or not the accused confession made before SPO2 Gallardo and the Vice Mayor is
admissible since it was not made in response to any interrogation.
Ruling:
Records reveal that accused-appellant was not informed of his right to remain silent and to counsel,
and that if he cannot afford to have counsel of his choice, he would be provided with one. There
was also no evidence to indicate that he intended to waive these rights which waiver must be done
in writing and with the assistance of counsel. Consequently, the accused-appellants act of
confessing to SPO2 Gallardo that he raped and killed Nairube without the assistance of counsel
cannot be used against him for having transgressed accused-appellants rights under the Bill of
Rights. This is a basic tenet of our Constitution which cannot be disregarded or ignored no matter
how brutal the crime committed may be. In the same vein, the accused-appellants act in pointing
out the location of the body of Nairube was also elicited in violation of the accused-appellants
right to remain silent. The same was an integral part of the uncounselled confession and is
considered a fruit of the poisonous tree.
The records do not support the confession allegedly made by the accused-appellant to the Vice-
Mayor of Cavinti. The testimony of the Vice-Mayor with respect to the alleged confession made
by the accused-appellant is not conclusive for the Vice Mayor did not ask specific questions worthy
to bring about the guilt of the accused. Accused-appellant merely responded to the ambiguous
questions that the Vice-Mayor propounded to him. He did not state in certain and categorical terms
that he raped and killed Nairube. Hence, such confession has no bearing.