The Constitution guarantees the right of every person accused in a criminal

The constitution guarantees the right of every person

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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.
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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).
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