People v. Ayson GR No. 85215 July 7, 1989 Narvasa, J.: Private respondent Ramos was a Pilippine !irlines ti"#et $rei%t "ler# assi%ned in &a%uio. 'e was alle%edly involved in irre%ularities in te sales o$ plane ti"#ets. P!( mana%ement noti)ed im tat an investi%ation will *e "ondu"ted on te matter. matter. +e investi%ation will *e in a""ordan"e wit P!(s -ode o$ -ondu"e and is"ipline and te -&! wit P!(/! 0Ramos was a mem*er. +e day *e$ore *e$ore te investi%ation, investi%ation, Ramos Ramos %ave is is superiors andwritten notes statin% is willin%ness to settle te irre%ularities. !t te investi%ation, Ramos was in$ormed o$ te )ndin% o$ te !udit +eam. 'is answers in response to uestions as#ed *y P!( *ran" mana%er -ru3 were ta#en in writin%. 4t seemed tat no "ompromise a%reement was rea"ed or "onsummated. +wo +wo monts later, later, an 4n$ormation 4n$ormation was )led )led a%ainst a%ainst Ramos "ar%in% "ar%in% im im wit te "rime "rime o$ esta$a. Ramos entered a plea o$ not %uilty and trial ensued. !t te "lose o$ te Peoples "ase, te private prose"utors made a written oer o$ eviden"e wi" in"luded tat statement o$ a""used 0te andwritten notes as well as is andwritten admission 0te written responses to te uestions. Ramos lawyers )led 6*e"tions-omments to Plaintis /viden"e. +e o*e"tion was tat te do"ument 0andwritten notes, wi" appears to *e a "on$ession, was ta#en witout te a""used *ein% represented *y a lawyer. +e o*e"tion to te written responses was $or te same reason. Jud%e !yson !yson admitted all eviden"e eviden"e as part part o$ te testimony o$ te witnesses witnesses wo testi)ed testi)ed in "onne"tion terewit terewit and $or watever tey are wort *ut e ree"ted ree"ted te andwritten notes 0/;i*it ! and te written responses responses 0/;i*it <. Jud%e !yson !yson de"lared de"lared /;i*it !, wi" a""ordin% a""ordin% to te de$ense appears appears "onsidered "onsidered as a "on$ession, inadmissi*le inadmissi*le sin"e it does not appear tat te a""used was reminded o$ is "onstitutional ri%ts to remain silent and to ave "ounsel, and tat wen e waived te same and %ave is statement, it was wit te assistan"e a"tually o$ a "ounsel. 'e also de"lared /;i*it < inadmissi*le sin"e it did not appear tat te a""used was assisted *y "ounsel wen te admission was made. +e private prose"utors prose"utors )led a motion motion $or re"onsideration. re"onsideration. Jud%e !yson !yson denied te te motion on te %round tat te $a"t tat Ramos was not detained at tat time, or te investi%ation was administrative administrative in "ara"ter "ould not operate to e;"ept te "ase $rom te am*it o$ te "onstitutional provision in "ustodial investi%ation. investi%ation. 4==>/: a ?eter te te ri%t a%ainst sel$@ sel$@in"rimination in"rimination is availa*le availa*le in an administrative administrative "ase. * ?eter all all statement statement made to te poli"e poli"e *y a person involved involved in some "rime is witin te s"ope o$ te "onstitutional ri%t in "ustodial investi%ation " ?eter te te /;i*its sould *e e;"luded e;"luded in eviden"e eviden"e on te %round %round tat Airanda Airanda ri%ts was not a""orded to te a""used. '/(: a B/=
+e )rst ri%t, a%ainst sel$@in"rimination, mentioned in =e"tion 2C, !rti"le 4D o$ te 197E -onstitution, is a""orded to every person wo %ives eviden"e, weter voluntarily or under "ompulsion o$ su*poena, in any "ivil, "riminal, or administrative pro"eedin%. +e ri%t is N+ to F*e "ompelled to *e a witness a%ainst imsel$F +e pre"ept set out in tat )rst senten"e as a settled meanin%. 4t pres"ri*es an Foption o$ re$usal to answer in"riminatin% uestions and not a proi*ition o$ inuiry.F 4t simply se"ures to a witness, weter e *e a party or not, te ri%t to re$ue to answer any parti"ular in"riminatory uestion, i.e., one te answer to wi" as a tenden"y to in"riminate im $or some "rime. 'owever, te ri%t "an *e "laimed only wen te spe"i)" uestion, in"riminatory in "ara"ter, is a"tually put to te witness. 4t "annot *e "laimed at any oter time. 4t does not %ive a witness te ri%t to disre%ard a su*poena, to de"line to appear *e$ore te "ourt at te time appointed, or to re$use to testi$y alto%eter. +e witness re"eivin% a su*poena must o*ey it, appear as reuired, ta#e te stand, *e sworn and answer uestions. 4t is only wen a parti"ular uestion is addressed to im, te answer to wi" may in"riminate im $or some oense, tat e may re$use to answer on te stren%t o$ te "onstitutional %uaranty. +e ri%t a%ainst sel$@in"rimination is not sel$@ e;e"utin% or automati"ally operational. 4t must *e "laimed. 4$ not "laimed *y or in *eal$ o$ te witness, te prote"tion does not "ome into play. 4t $ollows tat te ri%t may *e waived, e;pressly, or impliedly, as *y a $ailure to "laim it at te appropriate time. * N 4n Airanda, -ie$ Justi"e ?arren summari3ed te pro"edural sa$e%uards laid down $or a person in poli"e "ustody, Fin@"ustody interro%ationF *ein% re%arded as te "ommen"ement o$ an adversary pro"eedin% a%ainst te suspe"t. 'e must *e warned prior to any uestionin% tat e as te ri%t to remain silent, tat anytin% e says "an *e used a%ainst im in a "ourt o$ law, tat e as te ri%t to te presen"e o$ an attorney, and tat i$ e "annot aord an attorney one will *e appointed $or im prior to any uestionin% i$ e so desires. pportunity to e;er"ise tose ri%ts must *e aorded to im trou%out te interro%ation. !$ter su" warnin%s ave *een %iven, su" opportunity aorded im, te individual may #nowin%ly and intelli%ently waive tese ri%ts and a%ree to answer or ma#e a statement. &ut unless and until su" warnin%s and waivers are demonstrated *y te prose"ution at te trial, no eviden"e o*tained as a result o$ interro%ation "an *e used a%ainst im. +e o*e"tive is to proi*it Fin"ommuni"ado interro%ation o$ individuals in a poli"e@ dominated atmospere, resultin% in sel$@in"riminatin% statement witout $ull warnin%s o$ "onstitutional ri%ts.F Not every statement made to te poli"e *y a person involved in some "rime is witin te s"ope o$ te "onstitutional prote"tion. 4$ not made Funder "ustodial interro%ation,F or Funder investi%ation $or te "ommission o$ an oense,F te statement is not prote"ted. " N 4n )ne, a person suspe"ted o$ avin% "ommitted a "rime and su*seuently "ar%ed wit its "ommission in "ourt, as te $ollowin% ri%ts in te matter o$ is testi$yin% or produ"in% eviden"e, to wit: 1 &/R/ +'/ -!=/ 4= 4(/ 4N ->R+ 0or wit te pu*li" prose"utor, $or preliminary investi%ation, *ut a$ter avin% *een ta#en into "ustody or oterwise
deprived o$ is li*erty in some si%ni)"ant way, and on *ein% interro%ated *y te poli"e: te "ontinuin% ri%t to remain silent and to "ounsel, and to *e in$ormed tereo$, not to *e su*e"ted to $or"e, violen"e, treat, intimidation or any oter means wi" vitiates te $ree willH and to ave eviden"e o*tained in violation o$ tese ri%ts ree"tedH and 2 !+/R +'/ -!=/ 4= 4(/ 4N ->R+ I a to re$use to *e a witnessH * not to ave any preudi"e watsoever result to im *y su" re$usalH " to testi$y in is own *eal$, su*e"t to "ross@e;amination *y te prose"utionH d ?'4(/ +/=+4B4NG, to re$use to answer a spe"i)" uestion wi" tends to in"riminate im $or some "rime oter tan tat $or wi" e is ten prose"uted. 4t sould *y now *e a*undantly apparent tat respondent Jud%e as misappreended te nature and import o$ te disparate ri%ts set $ort in =e"tion 2C, !rti"le 4D o$ te 197E -onstitution. 'e as ta#en tem as applyin% to te same uridi"al situation, euatin% one wit te oter. 4n so doin%, e as %rossly erred. +o *e sure, 'is 'onor sou%t to su*stantiate is tesis *y ar%uments e too# to *e "o%ent and lo%i"al. +e tesis was owever so $ar divor"ed $rom te a"tual and "orre"t state o$ te "onstitutional and le%al prin"iples involved as to ma#e appli"ation o$ said tesis to te "ase *e$ore im tantamount to totally un$ounded, wimsi"al or "apri"ious e;er"ise o$ power. 'is rders were tus rendered wit %rave a*use o$ dis"retion. +ey sould *e as tey are ere*y, annulled and set aside. 4t is "lear $rom te undisputed $a"ts o$ tis "ase tat elipe Ramos was not in any sense under "ustodial interro%ation, as te term sould *e properly understood, prior to and durin% te administrative inuiry into te dis"overed irre%ularities in ti"#et sales in wi" e appeared to ave ad a and. +e "onstitutional ri%ts o$ a person under "ustodial interro%ation under =e"tion 2C, !rti"le 4D o$ te 197E -onstitution did not tere$ore "ome into play, were o$ no relevan"e to te inuiry. 4t is also "lear, too, tat Ramos ad voluntarily answered uestions posed to im on te )rst day o$ te administrative investi%ation, e*ruary 9, 198 and a%reed tat te pro"eedin%s sould *e re"orded, te re"ord avin% terea$ter *een mar#ed durin% te trial o$ te "riminal a"tion su*seuently )led a%ainst im as /;i*it !, ust as it is o*vious tat te note 0later mar#ed as /;i*it < tat e sent to is superiors on e*ruary 8,198, te day *e$ore te investi%ation, oerin% to "ompromise is lia*ility in te alle%ed irre%ularities, was a $ree and even spontaneous a"t on is part. +ey may not *e e;"luded on te %round tat te so@"alled FAiranda ri%tsF ad not *een a""orded to Ramos.
