Answer Yes Yes Accused has miserably failed to present any convincing evidence

Answer yes yes accused has miserably failed to

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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
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