PEOPLE v MANRIQUEZ,
GR 122510-11, March 17, 2000 Facts: Ferdinand Duay and Ernesto Gabuyan, agents of Metrodisco !nti-"arcotics #nit $M!"#%, &ere urdered by 'erac(eo Manri)ue* and Gregorio +anoy, &ho, at the tie of the crie, &ere both inors Manri)ue* and +anoy surrendered to the o(ice and ointed .at Roarante as the a((eged asterind /oth accused eecuted a s&orn stateent at the residence of !tty ani(i $.!3 (a&yer% on the (atter4s roise that they &ou(d not be i(icated in the crie but, instead, be uti(i*ed as state &itnesses ater, they they eecuted an etra-udicia( confession in the resence of the fisca(, &herein they narrated their articiation in the coission of the crie R+ aditted in e6idence the etra-udicia( confessions and uhe(d the 6a(idity of the &ai6er of their right to counse( since the sae &as eecuted inte((igent(y and 6o(untari(y in the resence of their their other otherss and !tty !tty ani ani(i, (i, and &ith &ith fu(( fu(( coreh corehens ension ion of the iort iort,, eanin eaning, g, and conse)uences conse)uences of &hat they had signed he court a(so found suffici sufficient ent e6idence sho&ing sho&ing that the t&o had acted in concert &ith and had &i((ing(y fo((o&ed e6ery coand of Roarate he co((ecti6e resonsibi(ity of the consirators ha6ing been estab(ished, it becae unnecessary to ro6e &ho inf(icted the fata( b(o& 8n order to insure that D#!9 and G!/#9!" cou(d not resist the attac, and to faci(itate the eecution of the crie &ithout ris to these(6es, the consirators, ared &ith ni6es and a gun, tied the hands of D#!9 and G!/#9!" G!/#9!" and gagged ga gged their ouths to si(ence the o the tria( court, this c(ear(y constituted treachery and abuse of suerior strength R+ R+ found the gui(ty beyond be yond reasonab(e doubt of the crie of o f urder Gregorio &as the on(y one &ho aea(ed GREG3R83 aintains that the ora( adission and etra-udicia( confession he ga6e before the o(ice authorities cannot be used as e6idence against hi because his &ai6er of his rights to reain si(ent and to counse( during custodia( interrogation cannot be characteri*ed as one ade no&ing(y, 6o(untari(y, and inte((igent(y since: $1% the s&orn stateent &as &ritten in Eng(ish and there &as no roof that the re(iinary )uestions and ans&ers therein &ere trans(ated, uch (ess a trans(ation after e6ery )uestion and ans&er in his a((eged &ai6er, into the ;isayan+ebuano dia(ect, a (anguage soen and understood by hi< $2% there &as no roof that he, then on(y 1= years o(d and a >th grader, c(ear(y understood the iort and conse)uences of the &ai6er &hich &as couched in broad and genera( ters< $?% the s&orn stateent re(ated on(y to his a((eged disinterest to be reresented by a counse( but it did not signify an agreeent to ae a confession of the crie &ith &hich he &as charged< $>% he eecuted the s&orn stateent not no&ing that an etra-udicia( confession &as attached thereto and< $5% the resence of his other during the signing of the &ai6er did not guarantee that the sae &as done 6o(untari(y and inte((igent(y
8ssue: @hether or not the &ai6er of his right to counse( of his o&n choice &as 6a(id and the adission of the etra udicia( confession can be used as e6idence against hi 'e(d: Aection 12 aragrah 8, !rtic(e 888 of the +onstitution ro6ides: Aec 12 $1% !ny erson under in6estigation for the coission of an offense sha(( ha6e the right to be infored of his right to reain si(ent and to ha6e coetent and indeendent counse( referab(y of his o&n choice 8f the erson cannot afford the ser6ices of counse(, he ust be ro6ided &ith one here rights cannot be &ai6ed ecet in &riting and in the resence of the counse( 3ne4s right to be infored of the right to reain si(ent and to counse( conte(ates the transission of eaningfu( inforation rather than ust the cereonia( and erfunctory recitation of an abstract constitutiona( rinci(e 8t is not enough for the interrogator to ere(y reeat to the erson under in6estigation the ro6isions of Aection 12, !rtic(e 888 of the 1B=7 +onstitution< the forer ust a(so e(ain the effects of such ro6ision in ractica( ters C eg, &hat the erson under interrogation ay or ay not do C and in a (anguage the subect fair(y understands he right to be infored carries &ith it a corre(ati6e ob(igation on the art of the o(ice in6estigator to e(ain, and conte(ates effecti6e counication &hich resu(ts in the subect4s understanding of &hat is con6eyed Aince it is corehension that is sought to be attained, the degree of e(anation re)uired &i(( necessari(y 6ary and deend on the education, inte((igence, and other re(e6ant ersona( circustances of the erson undergoing in6estigation 8n further ensuring the right to counse(, it is not enough that the subect is infored of such right< he shou(d a(so be ased if he &ants to a6ai( of the sae and shou(d be to(d that he cou(d as for counse( if he so desired or that one cou(d be ro6ided hi at his re)uest 8f he decides not to retain a counse( of his choice or a6ai( of one to be ro6ided for hi and, therefore, chooses to &ai6e his right to counse(, such &ai6er, to be 6a(id and effecti6e, ust sti(( be ade &ith the assistance of counse(, &ho, under re6ai(ing urisrudence, ust be a (a&yer 8n this case, that no eaningfu( inforation as to his rights under custodia( interrogation &as con6eyed to GREG3R83 'e &as not ased if he &anted to a6ai( of his rights and &as not to(d that if he has no (a&yer of his o&n choice he cou(d a6ai( of one to be aointed for hi Furtherore, the &ai6er states that he does not &ant the assistance of counse( and it is not sho&n that he agreed to be assisted by !tty ani(i "onethe(ess, the nu((ity of the &ai6er and the eurgation of the etraudicia( confession do not abso(6e GREG3R83 fro any criina( resonsibi(ity he e6idence on record satisfies us &ith ora( certainty that he and his co-accused consired together to i(( D#!9 and G!/#9!" and that GREG3R83 &as not a ere &itness to the acts of the others< he hise(f ateria((y contributed to the ursuant of the consiracy
