Trial Confession in non-custodial setting

Jun 17th, 2015
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To shed light on a kidnapping incident, appellant was invited by the NBI for questioning. Appellant [a retired First Lieutenant in the Philippine Constabulary & who had studied up to third year in mechanical engineering] was duly informed of his right to remain silent.

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Trial Confession in non-custodial settingPeople v. Moises-Marcos Facts: To shed light on a kidnapping incident, appellant was invited by the NBI for questioning. Appellant [a retired First Lieutenant in the Philippine Constabulary & who had studied up to third year in mechanical engineering] was duly informed of his right to remain silent. He was warned that any statement he make may be used against him and that he is entitled to be assisted by a lawyer of his choice. Still, he voluntarily executed a waiver to his right to counsel and a sworn statement on the extent of his participation on the kidnapping incident to an NBI agent.Later, appellant was charged with the crime of kidnapping. During the trial, appellant expressly acknowledged that he voluntarily signed his sworn statement.However, when appellant was found guilty of the crime of kidnapping, he contended that the extrajudicial confession is inadmissible as evidence against him because the same was obtained from him without the assistance of a counsel. He averred that although he waived his right to counsel, this waiver is without legal effect as such was made without the assistance of a lawyer, a requisite which should have been complied with as decided in precedent cases.Issue:Whether or not appellants contention is correct.Ruling:No.Evidence; Waiver; Admissions during trial are binding. The Court is of the view that appellants admissions, voluntarily made and confirmed by him in open c

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