240 SCRA 541
Facts: Dr. Bayquen, a dentist, together with his son, Anthony; Anthony’s girlfriend, Anna Theresa; his daughter, Dominic; and Danny, a family friend, were on their way aboard their Brasilia to the doctor’s residence at Malvar Street, Baguio City. While they were cruising along Malvar Street and nearing the Baptist church, a man came out from the right side of a car parked about two meters to the church. The man approached the Brasilia, aimed his armalite rifle through its window, and fired at the passengers. The Brasilia swerved and hit a fence. The gunman immediately returned to the parked car which then sped away. All those in the car were hit and Dr. Bayquen and Anna Theresa died on the spot. Dominic was able to get out of the Brasilia to run to the Alabanza store where she telephoned her mother. Later, she and her mother brought her father and Anthony to the hospital. Danny went home and was then brought to the Hospital for treatment.
Accused Quiaño, an alleged former military agent who had been picked up by the police authorities, confessed during the investigation conducted by Baguio City Fiscal Erdolfo Balajadia in his office that he was the triggerman. He implicated Abenoja, Jr., who engaged him to kill Dr. Bayquen for a fee, Cartel, who provided the armalite, and a certain “Jimmy.” During the investigation, Wilfredo Quiaño was assisted by Atty. Reynaldo Cajucom. Stenographic notes of the proceedings during the investigation as transcribed with the sworn statement of Quiaño was signed, with the assistance of Atty. Cajucom, and swore to before City Fiscal Balajadia. The following day, Agustin was apprehended, and was investigated and was afforded the privileges like that of Quijano. Agustin’s defense interpose that he was forced to admit involvement at gunpoint in the Kennon Road. He further declared that although he was given a lawyer, Cajucom (a law partner of the private prosecutor), he nevertheless, asked for his uncle Atty. Oliver Tabin, and that Atty. Cajucom interviewed him from only two minutes in English and Tagalog but not in Ilocano, the dialect he understands. The promise that he would be discharged as a witness did not push through since Quijano escaped. However the RTC convicted him, since conspiracy was established. Hence this appeal.
Issue: WON accused-appellant’s extrajudicial statements admissible as evidence?
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Held: No. Extrajudicial statement is not extrajudicial confession. In a confession, there is an acknowledgment of guilt of the accused, while an admission is a statement direct or implied of facts pertinent to the issue. The rule on inadmissibility, however expressly includes admissions, not just confessions. The extrajudicial admission of the appellant, contained in twenty-two pages appear to be signed by him and Atty. Cajucom but for reasons not explained in the records, the transcript of the notes which consists of twelve pages was not signed by the appellant. Since the court cannot even read or decipher the stenographic notes it cannot be expected that appellant, who is a farmer and who reached only the fourth grade, to read or decipher its contents. The appellant, therefore was deprived of his rights under Section 12(1), Article III of the Constitution.
Firstly, he was not fully and properly informed of his rights. The appellant was not explicitly told of his right to have a competent and independent counsel of his choice, specifically asked if he had in mind any such counsel and, if so, whether he could afford to hire his services, and, if he could not, whether he would agree to be assisted by one to be provided for him. He was not categorically informed that he could waive his rights to remain silent and to counsel and that this waiver must be in writing and in the presence of his counsel. He had, in fact, waived his right to remain silent by agreeing to be investigated. Yet, no written waiver of such right appears in the transcript and no other independent evidence was offered to prove its existence. In short, after the appellant said that he wanted to be assisted by counsel, the City fiscal, through suggestive language, immediately informed him that Atty. Cajucom was ready to assist him. Moreso said counsel is not independent since he is an associate of the private prosecutor.