Back

PEOPLE vs Crispin Velarde

PEOPLE OF THE PHILIPPINES, appellee, vs. CRISPIN VELARDE y BANDOJO, appellant.

G.R. No. 139333 | 2002-07-18

D E C I S I O N

PANGANIBAN, J.:

A municipal mayor cannot be considered a competent and independent counsel qualified to assist a person under custodial investigation. Hence, the extrajudicial confession taken from the accused with His Honor as counsel is inadmissible in evidence. Without this confession, the remaining evidence, which is circumstantial, fails the test of moral certainty. Hence, acquittal is inevitable.

The Case

For automatic review by this Court is the Decision[1] dated February 12, 1999, issued by the Regional Trial Court (RTC) of Malolos, Bulacan (Branch 11), finding Crispin Velarde y Bandojo guilty beyond reasonable...