Josue R. Ladiana vs People Summary

JOSUE R. LADIANA, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

G.R. No. 144293 | 2002-12-04

Custodial investigation

A person undergoing preliminary investigation before the public prosecutor cannot be considered as being under custodial investigation
A statement by the accused admitting the commission of the act charged against him but denying that it was done with criminal intent is an admission, not a confession
A counter-affidavit voluntarily presented by the accused during the preliminary investigation, even if made without the assistance of counsel, may be used as evidence against the affiant
Right to counsel, applies during custodial investigation (interrogation), but not during preliminary investigation
Mitigating circumstance; Voluntary surrender

D E C I S I O N

PANGANIBAN, J.:

The Constitution bars the admission in evidence of any statement extracted by the police from the accused without the assistance of competent and independent counsel during a custodial investigation. However, a counter-affidavit voluntarily presented by the accused during the preliminary investigation, even if made without the assistance of counsel, may be used as evidence against the affiant.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the April 10, 2000 Decision[1] and August 4, 2000 Resolution[2] of the Sandiganbayan (First Division) in Criminal Case No. 16988....