PEOPLE V TALIMAN , GR 109143, October 11, 2000
The appellants assailed the trial court's decision finding them guilt beond reasonable doubt of murder! The "ictim #as Renato $ua%o &hereinafter referred to as Renato(! )rosecution #itness *rnesto +acson &hereinafter referred to as +acson( #as the uncle and emploer of Renato, #ho #as the caretaer of his gra"el and sand truc!
FACTS:
On -ul 21, 1990, Renato came to see +acson and informed him that armed and hooded persons 4 #ere asing for mone amounting to si. thousand pesos &)/,000!00(! The amount #as reduced to si. hundred pesos &)/00!00( and finall to t#o hundred pesos &)200!00(! On -ul 22, 1990, +acson arri"ed home from church! is #ife handed him a letter deli"ered to her b a child! n the letter, purportedl members of the !)!! demanded eight thousand pesos &),000!00( from him! On the same da, at around eight o'cloc in the morning &500 a!m!(, +acson instructed Renato to tae his passenger 6eep and to proceed to his gold field in alisbitan to get his collectibles from the field! This #as the last time +acson sa# Renato ali"e! lso on the same da, +acson told his emploee, prosecution #itness *li7er Obregon &hereinafter referred to as *li7er(, to go to the crossing of alisbitan, the place mentioned in the letter to in"estigate #ho the persons demanding mone #ere! *li7er complied and reached the place at around fi"e o'cloc in the afternoon &8500 p!m!( of the same da! pon reaching the place, *li7er sa# Renato and spoe #ith him! n the "icinit, *li7er sa# accused :asilio :abaan, )edro Taliman and mado :elano! t that time, accused ;gt! )edro Taliman and $1$ :asilio ! >! )ardo #as maor of +abo, $amarines orte! e #ent to the the police police statio station n upon upon in"it in"itati ation on of police police corpor corporal al $ereno $ereno to assis assist t accuse accused d during during their their custod custodial ial in"estigation! ccused ccused e.ecuted e.tra6udicial statements, confessing to the commission of the crime! t #as during this custodial in"estigation that accused :asilio :abain confessed to prosecution #itness ;gt! :onifacio rgarin that he participated in the illing of Renato because Renato did not gi"e them the mone the #ere demanding! This confession #as gi"en #ithout the assistance of counsel and #as not reduced to #riting! ISSUE: ?hether
or not the oral #ai"er of the accused of his right to counsel during the custodial in"estigation #as
"alid! HELD: NO!
*"en assuming that the right to counsel #as orall #ai"ed during custodial in"estigation, 43 still the defect #as not cured! The $onstitution e.pressl pro"ides that the #ai"er must be in #riting and in the presence of counsel! This, accused@appellants did not do!
