While there might have been in the first instance some doubts regarding the

While there might have been in the first instance

This preview shows page 36 - 37 out of 46 pages.

plea, given the death sentence. While there might have been, in the first instance, some doubts regarding the appellants' appreciation of the nature and consequence of a plea of guilty, We are convinced that when they entered the same plea for the third time, they did so wholly aware of the large probability of a verdict of death. The lesson learned from their past arraignments was then fresh and recent. It was ignored. We do not see this as a continuing misapprehension of the situation that they were in. Rather, we take it as a carefully considered acceptance of guilt. People v. Deang, GR 128045, August 24, 2000 55. That on or about the 29th day of July, 1997 at night time (sic) in Purok Bagong Silang, Barangay Aguas, Municipality of Rizal, Province of Occidental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the accused being then armed with a jungle knife, with intent to kill, with treachery, did then and there willfully, unlawfully and feloniously, attack, assault and stab with the said weapon Remedios Castillo and Melvin Castillo inflicting upon the victims serious wounds which caused their untimely death. The accused questioned his arrest and the verbal admission of SPO2 Dimalaluan. Whether the verbal confession is valid Answer: No, With regard to the legality of the arrest and confinement of appellant, it was shown that upon arraignment, appellant voluntarily entered a plea of “not guilty” without first questioning the legality of his arrest. By so pleading, he has submitted to the jurisdiction of the trial court, thereby curing any defect in his arrest. Such act amounted to a waiver of the right to question any irregularity in his arrest. It was error on the part of the trial court, however, to give probative value to the alleged verbal admission made by appellant to SPO2 Dimalaluan. The alleged admission was not reduced into writing. It was obtained in violation of appellant’s right under custodial investigation. People v. Avendano, GR 137407, Jan. 28, 2003 56. Christopher Espanola, along with the other accused- appellants, Jeoffrey Abello and Jimmy Paquingan were charged for the murder of Jessette Tarroza. During the trial, defense contests raising the issue that among others, that the lower court erred in not considering the constitutional right of accused-appellant Paquingan to counsel of his own choice, premised from (sic) the taking of the affidavit of confession by Prosecutor Lagcao, against his penal interest. In fact he testified that said lawyers, Attys. Leo Cahanap, the city legal officer of Iligan, and Susan Echavez, were not the counsels of his own choice and were merely supplied by the prosecution. Whether or not the trial court erred when it ruled that the sworn statement of Jimmy Paquingan was voluntarily given by him though he refused to sign the same Answer: Yes. Under the Constitution and existing law and jurisprudence, a confession to be admissible must satisfy the following requirements: 1) the confession must be voluntary; 2) the confession must be made with the assistance of competent and independent counsel;
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