People v Basay

People v Basay G.R. No. 86941 FACTS: Jaime Ramirez and Teodoro Basay were accused accused of killing four (4) people and burned their house after. Both accused signed a Joint waiver, but was disregarded by the court because when they signed sain joint waiver, they were not represented r epresented by a counsel. Basay was Acquitted,however, Jaime Ramirez was sentenced with life imprisonment because the court admitted in eveidence the so-called extra-judicial confession of jaime Ramirez as part of the res gestate the alleged statement of Bombie Toting (victim) to the police constabulary SGt. Tabanao. Jaime Ramirez is a farmer, he only finished Grade II and that he doesn’t know how to read. He, however, understands the Cebuano dialect. The referred sworn statement in English was taken on March 7, 1986 and subscribed and sworn to only on March 14, 1986 before Judge Teopisto Calumpang. ISSUE: W/N the constitutional right of the accused to counsel and to remain silent during custodial investigation were violated. RULING: The SC declared dec lared in People v Nicandro that one’s right to be informed of the right to remain silent and to counsel contemplates the “Transmission of meaningful information rather than just the ceremonial and perfunctory recitation of an abstract constitutional principle”. princi ple”. Thus it is not enough for the interrogatot to merely repeat to the person under investigation the provisions of Section 20, Article III of the 1987 Constitution; the former must also explain the effects of such provision in practical terms. The rights right s “to be informed” carries with it a correlative obligation on the part of the police investigator to explain, and contemplates effective communication which results in the subjects understanding of what is conveyed.