PEOPLE VS. DY [158 SCRA 111; G.R. 74517; 23 FEB 1988]

Facts: Pat. Padilla reported along with Benny Dy, with caliber .38 as suspect to the shooting incident at "Benny's Bar," at Sitio Angol, Manoc-Manoc Malay, Aklan (Boracay) situated on the Island which caused the death of Christian Langel Philippe, tourist, 24 years old and a Swiss nationale. He was charged with the Murder With the Use of Unlicensed firearms. Appellant alleges that he carried the victim to the shore to be brought to the hospital to save the latter, and who facilitated the surrender to Pat. Padilla a gun which his helper found the following morning while cleaning the bar. Accused posted bail which was granted. The accused denied having made any oral confession alleging that he went to Pat. Padilla not to report the incident but to state that a boy helper in the bar had found a gun on the sand floor while cleaning and that Pat. Padilla picked up the gun from the bar at his request. The Accused argues that even if he did make such a confession, the same would be inadmissible in evidence. He was found guilty in the RTC. Hence the appeal.


Issue: Whether or Not the lower court correct in saying that the constitutional procedure on custodial interrogation is not applicable in the instant case.


Held: YES. Appellant's assertion that the gun he had surrendered was merely found by a boy helper while cleaning the bar deserves no credence for, if it were so, it would have been absurd for him to have placed himself under police custody in the early morning after the incident. Sworn Complaint for "Murder with Use of Unlicensed Firearm" signed by the Chief of Police also attests to Appellant's oral confession. That Complaint forms part of the record of the proceedings before the Municipal Circuit Trial Court of Buruanga, Aklan, and is prima facie evidence of the facts therein stated. Appellant's voluntary surrender implies no violation as "no warrant of arrest is issued for the apprehension of the accused for the reason that he is already under police custody before the filing of the complaint." What was told by the Accused to Pat, Padilla was a spontaneous statement not elicited through questioning, but given in ordinary manner. No written confession was sought to be presented in evidence as a result of formal custodial investigation.