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Information or in the Complaint against the accused. TheConstitution guarantees the right of every personaccused in a criminal prosecution to be informed of thenature and cause of the accusation against him. Thus, itis fundamental that every element of the offense must bealleged in the complaint or information. The mainpurpose of requiring the various elements of a crime tobe set out inan information is to enable the accused tosuitably prepare his defense. People v. Cajara, GR122498, September 27, 2000IV. Waiver of RightsDoctrines:The Constitution expressly provides that thewaiver must be in writing and in the presenceof counsel hence the defect was not curedeven assuming that the right to counsel wasorally waived during custodial investigation.An uncounselled confession and waiver ofrights could be subsequently validated bylater signature of counsel but tere must bemanifest intent to own and adoptretroactively their extrajudicial confession;extreme care must be employed in examiningthe matter lest the constitutional right beeroded into an empty formality.
Although the accused manifested during thecustodial investigation that he waived hisright to counsel, the waiver was not made inwriting and whatever admission may beextracted from him, is not allowable asevidence.A. Requisites of a Valid Waivera. Must be in writing and in the presence of counsel27. The case is an appeal from the decision of theRegional Trial Court, Camarines Norte, Branch 40, Daetfinding accused Pedro Taliman, Basilio Baybayan andAmado Belano guilty beyond reasonable doubt ofmurder, sentencing each of them to reclusion perpetuaand ordering them to pay the heirs of the victim, On July23, 1990, Attorney Nicolas V. Pardo was mayor of Labo,Camarines Norte. He went to the police station uponinvitation of police corporal Cereno to assist accusedduring their custodial investigation.Accused executedextra-judicial statements, confessing to the commissionof the crime. Whether a mayor who is a lawyer isconsidered as an independent counsel?Answer:Accused-appellants submit that the extra-judicial confessions on which the trial court relied wereinadmissible in evidence because they were obtained inviolation of their constitutional rights.[we agree withaccused-appellants on this point. The extra-judicialstatements alone cannot be a basis for conviction.ArticleIII, Section 12 (1) of the Constitution provides: Anyperson under custodial investigation for the commissionof an offense shall have the right to be informed of hisright to remain silent and to have competent andindependent counsel preferably of his own choice. If theperson cannot afford the services of counsel, he must beprovided with one. These rights cannot be waived exceptin writing and in the presence of counsel (underscoringours).