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People vs Tomaquin

PEOPLE OF THE PHILIPPINES, Appellee, versus ELIZAR TOMAQUIN, Appeellant.

G.R. No. 133188 | 2004-07-23

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

Once again, the Court is confronted with the issue of the admissibility of an extrajudicial confession. This appeal particularly involves the question of whether a barangay captain who is a lawyer can be considered an independent counsel within the purview of Section 12, Article III of the 1987 Constitution.

On December 17, 1996, the Cebu City Prosecutor filed an Information charging appellant with Murder, committed as follows:

That on or about the 15th day of December, 1996, about 2:30 a.m., in the City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, armed with...