Facts: British Horace William Barker (consultant of WB) was slain inside his house in Tuba, Benguet while his Filipino wife, Teresita Mendoza was badly battered with lead pipes on the occasion of a robbery. Two household helpers of the victims identified Salvamante (a former houseboy of the victims) and Maqueda as the robbers. Mike Tabayan and his friend also saw the two accused a kilometer away from the house of the victims that same morning, when the two accused asked them for directions.
Maqueda was then arrested in Guinyangan, Quezon. He was taken to Calauag, Quezon where he signed a Sinumpaang Salaysay wherein he narrated his participation in the crime. According to SPO3 Molleno, he informed Maqueda of his constitutional rights before he signed such document. Afterwards he was brought to the Benguet Provincial Jail. While he was under detention, Maqueda filed a Motion to Grant Bail. He stated therein that "he is willing and volunteering to be a State witness in the above entitled case, it appearing that he is the least guilty among the accused in this case."
Maqueda also admitted his involvement in the commission of the robbery to Prosecutor Zarate and to Salvosa.
Issue: Whether or Not the trial court was correct in holding that the Sinumpaan Salaysay is admissible as evidence.
Held: No. The Sinumpaang Salaysay is inadmissible because it was in clear violation of the constitutional rights of the accused. First, he was not informed of his right to remain silent and his right to counsel. Second, he cannot be compelled to be a witness against himself. At the time of the confession, the accused was already facing charges in court. He no longer had the right to remain silent and to counsel but he had the right to refuse to be a witness and not to have any prejudice whatsoever result to him by such refusal. And yet, despite his knowing fully well that a case had already been filed in court, he still confessed when he did not have to do so.
The contention of the trial court that the accused is not entitled to such rights anymore because the information has been filed and a warrant of arrest has been issued already, is untenable. The exercise of the rights to remain silent and to counsel and to be informed thereof under Section 12(1) of the Bill of Rights are not confined to that period prior to the filing of a criminal complaint or information but are available at that stage when a person is "under investigation for the commission of an offense."
Pursuant to Section 12(3) of the Bill of Rights therefore, such extra-judicial admission is inadmissible as evidence.
As to the admissions made by Maqueda to Prosecutor Zarate and Ray Dean Salvosa, the trial court admitted their testimony thereon only to prove the tenor of their conversation but not to prove the truth of the admission because such testimony was objected to as hearsay. Maqueda voluntarily and freely made them to Prosecutor Zarate not in the course of an investigation, but in connection with Maqueda's plea to be utilized as a state witness; and as to the other admission (Salvosa), it was given to a private person therefore admissible.
Note: a distinction between a confession and admission has been made by the SC:
Admission of a party. — The act, declaration or omission of party as to a relevant fact may be given in evidence against him.
Confession. — The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him.
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