100%(1)1 out of 1 people found this document helpful
This preview shows page 35 - 36 out of 46 pages.
Answer:Yes, Yes, Accused has miserably failed topresent any convincing evidence to prove the use offorce or intimidation on his person to secure hisconfession. The records show that appellant’sconfession was sworn and subscribed to before FiscalJesus Dorante, to whom he could have and should havevoiced his objection, if any. People v. Fabro – 277SCRA 1950. The accused in this case is Danilo Sinoc who wascharged with complex crime of kidnapping with murder.On Jan 21, 1993, SPO1 Roger A. Basadre and two otherofficers (of the CIS) brought Danilo Sinoc to the PublicAttorneys’ Office at Curato Street Butuan City. Theyasked one of the attorneys there, Atty. Alfredo Jalad, forpermission to take Sinoc’s statement in writing in hisoffice. Sinoc asked Jalad to assist him because hewished to make an “affidavit of confession.” After thewriting of the affidavit, he then was asked to sign at thebuttom of the affidavit in order to ensure its truthfulness.Whether or not Extra-Judicial confessions made byaccused shall be admitted as evidence?Answer: Yes, the extra-judicial confessions made by theaccused shall be admitted as evidence because of thefollowing grounds: Sinoc does not dispute that he wastaken to the Public Attorney’s Office; that he spoke toAtty. Alfredo Jalad and it was in the latter’s office that hisconfession was prepared by the CIS investigator.People v. Sinoc – 275 SCRA 35751. Accused was charged with the crime of rape withhomicide of Khazie Mae Penecilla, a minor, four years ofage, choking her with his right hand. The incidenthappened after appellant drank liquor. A neighbor,Leopoldo Santiago found the victim’s body and theparents and police were informed. Appellant was living inhis uncle's house some five arm's length from Penecilla'shouse. Appellant was arrested and interrogated by PO3Danilo Tan. He verbally confessed his guilt without theassistance of counsel. On the basis of his uncounselledverbal confession and follow up interrogations, the policecame to know and recovered from appellant's house,Khazie Mae's green slippers, a pair of gold earrings, aburi mat, a stained pillow and a stained T-shirt all ofwhich were presented as evidence for the prosecution.He was arraigned with the assistance of Atty. RogelioAntiquiera of the PAO. Appellant pleaded guilty. The RTCconvicted him. Hence an automatic review for theimposition of death penalty. Decide whether or not theextrajudicial admission shall be admitted asevidence.Answer: No, the prosecution doesn’t have enoughevidence that the admission made by the accused waswith free will nor it was in writing, it is also said that theconfession made was without counsel. So the fruit of thepoisonous tree cannot be admitted as evidence. Peoplev. Alicando - 251 SCRA 29352. Regional Trial Court of Valenzuela, Branch 172,Metro Manila, convicted accused Joseph Maneng yOrtesa of robbery with homicide and sentencing him toreclusion perpetua with all the accessory penalties andto indemnify the heirs of deceased Nenita Santiago y