Information or in the Complaint against the accused. The
Constitution guarantees the right of every person
accused in a criminal prosecution to be informed of the
nature and cause of the accusation against him. Thus, it
is fundamental that every element of the offense must be
alleged in the complaint or information. The main
purpose of requiring the various elements of a crime to
be set out inan information is to enable the accused to
suitably prepare his defense.
People v. Cajara, GR
122498, September 27, 2000
IV. Waiver of Rights
Doctrines:
The Constitution expressly provides that the
waiver must be in writing and in the presence
of counsel hence the defect was not cured
even assuming that the right to counsel was
orally waived during custodial investigation.
An uncounselled confession and waiver of
rights could be subsequently validated by
later signature of counsel but tere must be
manifest intent to own and adopt
retroactively their extrajudicial confession;
extreme care must be employed in examining
the matter lest the constitutional right be
eroded into an empty formality.
Although the accused manifested during the
custodial investigation that he waived his
right to counsel, the waiver was not made in
writing and whatever admission may be
extracted from him, is not allowable as
evidence.
A. Requisites of a Valid Waiver
a. Must be in writing and in the presence of counsel
27. The case is an appeal from the decision of the
Regional Trial Court, Camarines Norte, Branch 40, Daet
finding accused Pedro Taliman, Basilio Baybayan and
Amado Belano guilty beyond reasonable doubt of
murder, sentencing each of them to reclusion perpetua
and ordering them to pay the heirs of the victim, On July
23, 1990, Attorney Nicolas V. Pardo was mayor of Labo,
Camarines Norte. He went to the police station upon
invitation of police corporal Cereno to assist accused
during their custodial investigation.Accused executed
extra-judicial statements, confessing to the commission
of the crime.
Whether a mayor who is a lawyer is
considered as an independent counsel?
Answer:
Accused-appellants submit that the extra-
judicial confessions on which the trial court relied were
inadmissible in evidence because they were obtained in
violation of their constitutional rights.[we agree with
accused-appellants on this point. The extra-judicial
statements alone cannot be a basis for conviction.Article
III, Section 12 (1) of the Constitution provides: Any
person under custodial 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 (underscoring
ours).
