People vs Jerez 1998 [G.R. No. 114385] Case Digest

 

·         People vs Jerez 1998 [G.R. No. 114385]

Facts:

            Appellant Efren Jerez, along with Joselito Quijan, Zaldy Victa and Efren Bola (at large), were charged with the crime of robbery with double homicide in Criminal Case No. 6755 before the Regional Trial Court of Daet, Camarines Norte, Branch 38.

            Police Major Roberto Rosales of the Camarines Norte Integrated National Police testified that upon appellant's arrest, the latter was apprised of his constitutional rights. On June 25, 1990, in the presence of Atty. August Schneider, an investigation conducted by the police ensued and statements therein were reduced to writing, signed and sworn to before Jose Panganiban Municipal Mayor Arnie Arenal, who likewise inquired whether or not appellant understood the consequences of his confession.  Appellant, on the other hand, proferred alibi as his defense and that the extra-judicial confession was allegedly obtained through the use of physical violence, coercion and intimidation.

            The trial court convicted the appellant.  Appellant assails the lower court for giving weight and credence to the extra-judicial statement, stating that at the time of the taking thereof, he was assisted by an ineffectual counsel who could not safeguard his constitutional rights and interests.

 

Issue:

            Whether or not the extra-judicial statement of the accused appellant should be admitted in evidence.

 

Held:

            YES.      It is well-settled in this jurisdiction that for a confession to be admissible, it "must satisfy all four fundamental requirements: (1) the confession must be voluntary; (2) the confession must be made with the assistance of competent and independent counsel; (3) the confession must be express; and (4) the confession must be in writing." Appellant argued that the first and second requirements were not complied with. The records of the case, however, reveal otherwise.

            It must be borne in mind that when appellant executed the extrajudicial confession, it was done in the presence of his counsel, Atty. Schneider, and sworn to before Mayor Arenal. If indeed his confession were obtained as a result of coercion and intimidation by policemen at the police station, he could have informed the Mayor of the maltreatment he suffered. Having failed to convince the authorities, the extra-judicial confession voluntarily made by Jerez is admissible in evidence. "The presumption, therefore, of spontaneity and voluntariness stands unless the defense proves otherwise."

            Appellant argued that the trial court erred when it denied his right to have an independent counsel of his own choice. The records show that at the time the extrajudicial confession was executed, appellant disclosed to the police officers that his counsel of choice was Atty. Freddie Venida but that the latter would not be available as he is due to depart for Manila on the same day. Subsequently, Major Rosales suggested that Atty. Schneider, supposedly the only lawyer available in Jose Panganiban, appear as the counsel of appellant during investigation and the latter answered in the affirmative.