Answer yes yes accused has miserably failed to

Answer: Yes, Yes, Accused has miserably failed to
present any convincing evidence to prove the use of
force or intimidation on his person to secure his
confession. The records show that appellant’s
confession was sworn and subscribed to before Fiscal
Jesus Dorante, to whom he could have and should have
voiced his objection, if any. People v. Fabro – 277
SCRA 19
50. The accused in this case is Danilo Sinoc who was
charged with complex crime of kidnapping with murder.
On Jan 21, 1993, SPO1 Roger A. Basadre and two other
officers (of the CIS) brought Danilo Sinoc to the Public
Attorneys’ Office at Curato Street Butuan City. They
asked one of the attorneys there, Atty. Alfredo Jalad, for
permission to take Sinoc’s statement in writing in his
office. Sinoc asked Jalad to assist him because he
wished to make an “affidavit of confession.” After the
writing of the affidavit, he then was asked to sign at the
buttom of the affidavit in order to ensure its truthfulness.
Whether or not Extra-Judicial confessions made by
accused shall be admitted as evidence?
Answer : Yes, the extra-judicial confessions made by the
accused shall be admitted as evidence because of the
following grounds: Sinoc does not dispute that he was
taken to the Public Attorney’s Office; that he spoke to
Atty. Alfredo Jalad and it was in the latter’s office that his
confession was prepared by the CIS investigator.
People v. Sinoc – 275 SCRA 357
51. Accused was charged with the crime of rape with
homicide of Khazie Mae Penecilla, a minor, four years of
age, choking her with his right hand. The incident
happened after appellant drank liquor. A neighbor,
Leopoldo Santiago found the victim’s body and the
parents and police were informed. Appellant was living in
his uncle's house some five arm's length from Penecilla's
house. Appellant was arrested and interrogated by PO3
Danilo Tan. He verbally confessed his guilt without the
assistance of counsel. On the basis of his uncounselled
verbal confession and follow up interrogations, the police
came to know and recovered from appellant's house,
Khazie Mae's green slippers, a pair of gold earrings, a
buri mat, a stained pillow and a stained T-shirt all of
which were presented as evidence for the prosecution.
He was arraigned with the assistance of Atty. Rogelio
Antiquiera of the PAO. Appellant pleaded guilty. The RTC
convicted him. Hence an automatic review for the
imposition of death penalty. Decide whether or not the
extrajudicial admission shall be admitted as
evidence.
Answer : No, the prosecution doesn’t have enough
evidence that the admission made by the accused was
with free will nor it was in writing, it is also said that the
confession made was without counsel. So the fruit of the
poisonous tree cannot be admitted as evidence. People
v. Alicando - 251 SCRA 293
52. Regional Trial Court of Valenzuela, Branch 172,
Metro Manila, convicted accused Joseph Maneng y
Ortesa of robbery with homicide and sentencing him to
reclusion perpetua with all the accessory penalties and
to indemnify the heirs of deceased Nenita Santiago y