FACTS: Gil Tapong, in two separate informations, was charged with the crimes of robbery with homicide and arson allegedly committed with two other co-accused Dilao and Rodolfo Nicolas. It was alleged that they conspired to steal the cash contents of a steel vault of Ong Tai and by reason or in the occasion thereof, they killed Ong Tai and set his house on fire. At the arraignment, they entered separate pleas of "not guilty" in both cases. The RTC rendered a decision thereby convicting Gil Tapos for the crime of robbery with Homicide. Dilao and Nicolas were then acquitted for failure of prosecution to prove their guilt beyond reasonable doubt. Meanwhile, all three accused were acquitted for the crime of arson. Dissatisfied with the trial Court's finding of guilt beyond reasonable doubt of the crime of robbery with homicide in based on the prosecution evidence, accused-appellant Gil Tapong sought for the courts review, above all issues, (meaning yung constitutional issue lang) on the fact that the trial court erred in taking into consideration the extrajudicial confession of the accused without taking into account the rest of the statements contained therein. ISSUE: Whether or not admissions made by aaccused-appellant during custodial investigation be admissible as evidence given the fact that he rejected having a lawyer to assist him during such. HELD: No. The admissions made by the accused-appellant during custodial investigation as reflected in his sworn statement cannot be
admissible in evidence for his statement before was given in
gross violation of his constitutional rights as guaranteed under Article IV, Section 20 of the 1973 Constitution (now Article III, Section 12 of the 1987 Constitution). In the case at bar, the accused-appellant gave an uncounselled confession before the investigating officer who simply asked as one of the preliminary questions before the accused-appellant made his declarations relating to the crime of robbery with homicide. Inasmuch as the records are bereft of any proof that the accusedappellant knowingly rejected having a lawyer assist him during the taking of the extrajudicial confession in question, whenever a protection given by the Constitution is waived by the person entitled to that protection the presumption is always against the waiver. Consequently, the prosecution must prove with strongly convincing evidence to the satisfaction of this Court that indeed the accused willingly and voluntarily submitted his confession and knowingly and deliberately manifested that he was not interested in having a lawyer assist him during the taking of that confession. That proof is missing in this case." After 1987 regardless of whether or not the confession of the accused is true, as long as it was given without the assistance of counsel, it becomes inadmissible in evidence although it was a product of the accused's own free will and volition in view of the current policy with respect to extrajudicial confessions based on the Bill of Rights. The decision of the RTC is REVERSED and the accused-appellant is hereby ACQUITTED on reasonable doubt.
Affiliated Ute Citizens of the State of Utah v. Ute Indian Tribe of the Uintah and Ouray Reservation, a Federal Corporation Framk Arrowchis, Stewart Pike, Floyd Wopsock, Lester Chapoose, Leon Perank, Maxine Natches, in Their Official Capacity as Tribal Business Committee Donald P. Hodel, in His Official Capacity as the Secretary of the Interior of the United States Brent Ward, U.S. Attorney, United States District Attorney for the District of Utah, and Their Successors, Agents, Assigns and Employees, Charles E. Van, Carnes Burson, La Barbara Hendricks Poletti, Ella B. Allen, Margeurite M. Hendricks, Alfonzo Van, Sr., Shiril Van Christofferson, Dora Van Harrington, Glennis Van Murray, Aileen B. Massey, Carma Bly Burson Gonzales, Lavera Dubberly, Tony Valladolid, Leonard Burson, Harris Murray, Lynn Valladolid, Weldon N. Burson, Jr., Robert G. Burson, Ernest L. Taylor, Arlene Burson Gardner, Dudley W. Burson, Rosa Valladolid, Brett Hendricks, Fred L. Burson, Leah Mathison Small, Roy Young