Professional Documents
Culture Documents
Miranda Doctrine.
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[Sec. 12. Art. Ill:
(1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiates the
free will shall be used against him. Secret detention places, solitary, incomunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section, as well
as compensation to and rehabilitation of victims of torture or similar practices, and their
families.
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having committed the offense. Neither can it apply to admissions or confessions made by
a suspect before he was placed under custodial investigation. In this case, the narration
before the Barangay Captain prior to custodial investigation was admissible in evidence,
but not the admissions made before Judge Dicon, inasmuch as the questioning by the
judge was done after the suspect had been arrested and such questioning already
constituted custodial investigation.
In People v. Del Rosario, G.R. No. 127755, April 14, 1999, it was held that from
the time Del Rosario was invited for questioning at the house of the barangay captain,
he was already under effective custodial investigation. Because he was not apprised nor
made aware thereof by the investigating officers, and because the prosecution failed to
establish that Del Rosario had waived his right to remain silent, his verbal admissions
were inadmissible against him.
In People v. Ordono, G.R. No. 132154, June 29, 2000, the Supreme Court held
that custodial investigation began when the accused Ordono and Medina voluntarily went
to the Santol Police Station to confess, and the investigating officer started asking
questions to elicit information from them.
In People v. Lugod, G.R. No. 136253, February 21, 2001, it was held that the
accused should have been entitled to the Miranda rights, because even assuming that he
was not yet under interrogation at the time he was brought to the police station, his
confession was elicited by a police officer who promised to help him if he told the truth.
Furthermore, when he allegedly pointed out the body of the victim, the atmosphere was
highly intimidating and not conducive to a spontaneous response as the whole police
force and nearly 100 townspeople escorted him there. Not having the benefit of counsel
and not having been informed of his rights, the confession is inadmissible.
In People v. Pasudag, G.R. No. 128822, May 4, 2001, when the accused was
brought to the station and made to sign the confiscation (of the marijuana) report, he was
already under custodial investigation.
Police Line-up
A police line-up is not considered a part of any custodial inquest, because it
is conducted before that stage of investigation is reached [People v. Bravo, G.R.
No. 135562, November 22, 1999], People v. Amestuzo, G.R. No. 104383, July 12,
2001, reiterates this rule, because in a police line-up, the process has not yet
shifted from the investigatory to the accusatory stage, and it is usually the witness
or the complainant who is interrogated and who gives a statement in the course of
the line-up.
In People v. Piedad, G.R. No. 131923, December 5, 2002, it was held that the right to
counsel accrues only after an investigation ceases to be a general inquiry into an unsolved
crime and commences an interrogation aimed at a particular subject who has been taken
into custody and to whom the police would now propound questions.
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Thus, in People v. Dagpin, G.R. No. 149560, June 10, 2004, where three
eyewitnesses identified the accused at the police station as the person who shot the victim
at the scene of the crime, the accused cannot claim that he was deprived of his
constitutional rights even if he was without counsel at the time, because he was not yet
then under custodial investigation.
However, in People v. Escordial, G.R. Nos. 138934-35, January 16, 2002, where the
accused, having become the focus of attention by the police after he had been pointed to
by a certain Ramie as the possible perpetrator of the crime, it was held that when the out-
of-court identification was conducted by the police, the accused was already under
custodial investigation.
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video and it showed accused unburdening his guilt willingly, openly and publicly in the
presence of newsmen. Such confession does not form part of custodial investigation as it
was not given to police officers but to media men in an attempt to solicit sympathy and
forgiveness from the public. There was no showing that the interview was coerced or
against his will. However, because of the inherent danger in the use of television as a
medium for admitting Ones guilt, courts are reminded that extreme caution must be taken
in further admitting similar confessions.
Spontaneous statements, or those not elicited through questioning by law
enforcement officers, but given in an ordinary manner where the appellant verbally admits
to having committed the offense, are admissible [People v. Guillermo, G.R. No. 147786,
January 20, 2004].
What rights are available.
The rights under the Miranda Doctrine which a person under custodial investigation is
entitled to are:
a) To remain silent. If the suspect refuses to give a statement, no adverse inference
shall be made from his refusal to answer questions.
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extra-judicial confession is inadmissible in evidence [People v. Peralta, G.R. No. 145176,
March 30, 2004].
When the accused is brought to the police station only to be identified by a witness,
technically, he is not yet under custodial investigation [People v. Hatton, 210 SCRA 1],
Thus, in People v. Buntan, 221 SCRA 421, inasmuch as all that the police
investigator did was to show the suspect the victims sister and the latters sworn
statement identifying him as one of the two suspects in the killing, and the police had not
started questioning, interrogating or exacting a confession from the suspect, the right to
counsel may not yet be validly invoked.
However, in People v. Bolanos, 211 SCRA 262, where, while being conducted to the
police station on board the police jeep, the accused made an extrajudicial confession that
he had killed the victim. Inasmuch as the un-counselled confession was the sole basis of
the judgment of conviction, it was held that the trial court committed a reversible error.
While on board the police jeep, the accused was deemed to have been already under
custodial investigation, and should have been informed of his rights.
The Miranda rights are available only during custodial investigation that is,
from the moment the investigating officer begins to ask questions for the purpose
of eliciting admissions, confessions or any information from the accused.
therefore, it is proper that he was only informed of his right at the police station.
Under Section 2(b) of Republic Act No. 7438, it is sufficient that the language
used was known to and understood by him.
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Bail
In the present case, JC is charged with murder which has a penalty of
reclusion perpetua, hence he cannot be allowed bail. However, should the evidence
of guilt be found weak after hearing, the court may in its discretion, fix bail for
temporary liberty.
Under our law, bail is not a matter of right if the felony or offense committed
has an imposable penalty of reclusion perpetua or higher and the evidence of guilt
is strong.