Doctrine constitutional law bill of rights

Info icon This preview shows pages 144–145. Sign up to view the full content.

DOCTRINE: - Constitutional Law; Bill of Rights; Constitutional proscription against the admission of guilt obtained in violation of Section 12, Article III of the Constitution; The constitutional proscription against the admissibility of admission or confession of guilt obtained in violation of Section 12, Article III of the Constitution, as correctly observed by the CA and the OSG, is applicable only in custodial interrogation. Custodial interrogation means any questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. DIGEST: The present Petitioner for Review on Certiorari under Rule 45 of the Rules of Court raises the basic issue of: (1) whether the CA erred in affirming the RTC’s admission in evidence of the petitioner’s written statement based on its finding that he was not in police custody or under custodial interrogation when the same was taken. We find the Petitioner wanting in merit. The constitutional proscription against the admissibility of admission or confession of guilt obtained in violation of Section 12, Article III of the Constitution, as correctly observed by the CA and the OSG, is applicable only in custodial interrogation. Custodial interrogation means any questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Indeed, a person under custodial interrogation is guaranteed certain rights which attach upon commencement thereof, viz : (1) to remain silent, (2) to have competent and independent counsel preferably of his own choice, and (3) to be informed of the two other rights above. In the present case, while it is undisputed that petitioner gave an uncounseled written statement regarding an anomaly discovered in the branch he managed, the following are clear: (1) the questioning was not initiated by a law enforcement authority but merely by an internal affairs manager of the bank; and (2) petitioner was neither arrested nor restrained of his liberty in any significant manner during the questioning. Clearly, petitioner cannot be said to be under custodial investigation and to have been deprived of the constitutional prerogative during the taking of his written statement. Petitioner’s written statement was given during an administrative inquiry conducted by his employer in connection with an anomaly/irregularity he allegedly committed in the course of his employment. No error can therefore be attributed to the courts below in admitting in evidence and in giving due consideration to petitioner’s written statemen t as there is no constitutional impediment to its admissibility.
Image of page 144

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 145
This is the end of the preview. Sign up to access the rest of the document.
  • Winter '15
  • Atty. Ignacio
  • Candide

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern