PEOPLE vs. CABILES G.R. No. 112035, January 16, 199 !"#o, J.$ barged into the house of %a&'s$ At around 1:15 a.m. of November 5, 1989, a man, later identified as Panfilo Cabiles, barged Marites Nas Atienza and hile !ointing a "nife, too" from her #ash amounting to P1,$$$.$$, a %ei"o at#h orth P1,5$$.$$, a lad&'s ristat#h ith the trademar" (Chanel( orth P85$.$$, a bra#elet orth P5$$.$$, and a ring orth P5$$.$$, and b& reason or on o##asion of said robber&, ith the use of a deadl& ea!on, and led designs, had #arnal "noledge of )uzviminda A*uino, maid of Marites, and then atta#"ed, assaulted and stabbed ith the same ea!on one Arnel Ceri#os, the neighbour ho #ame to the res#ue of the omen, thereb& infli#ting u!on him serious !h&si#al in+uries.
n November 8, at around 1:$$ !m, Cabiles as arrested. A##ording to the latter, he as l&ing on a ben#h at the Marivi# Com!ound hen three men in #ivilian #lothes arrived. -e did not "no the reason for his arrest. -e, hoever, admitted admitted that a (Chanel( lad&'s at#h as re#overed from him at the time of the arrest but insisted that he ons the at#h, the same having been !ledged to him b& his #ousin lizabeth Abantao Abantao hen he as still at /right, %amar, and hi#h as later sold to him. -e denied that a !lasti# bag ith stolen #ontents as re#overed from him b& his #a!tors. -e said he onl& sa the #ontents of the bag hen he as under detention at the 0aloo"an Cit& ail. As regards his sorn statement #ontaining a #onfession to the #ommission of the #rime, he said he as for#ed b& the !oli#emen at the station station to e2e#ute the same. same. -e did not read read it and as +ust for#ed for#ed to sign it. -e as as not assisted b& #ounsel during that time. n November 9, 1989, at about 3:3$ o'#lo#" in the afternoon, Marites sa a##used4a!!ellant at the 0aloo"an Cit& Poli#e %tation. he latter admitted his guilt and !ointed to aime Mabingna&, Marites' brother4in4la brother4in4la,, as the one ho as"ed him to #ommit the #rime. Marites further re#alled that she sa a##used4a!!ellant at Mabingna&'s house on November 5, 1989, 1989, before the #rime #rime too" !la#e. Issu"$ /N the #onfession in the sorn statement and verbal admissions are admissible as eviden#e against the a##used ("#)$ Confession in the sorn statement 6 N. 7erbal admissions 6 % n Peo!le vs. eniega, e laid don the four fundamental re*uirements needed for admissibilit& of a #onfession, to it: ;1< the #onfession must be voluntar&= ;>< the #onfession must be made ith the assistan#e of #om!etent and inde!endent #ounsel= ;3< the #onfession must be e2!ress= and ;?< the #onfession must be in riting. A##used4a!!ellant testified that he as for#ed to e2e#ute the sorn statement #ontaining his #onfession. Although this assertion is un#orroborated, a##used4a!!ellant's free ill and volition in signing his #onfession ill not #ure the defe#t that it as made ithout assistan#e of #ounsel. An admission made ithout the assistan#e of #ounsel during #ustodial investigation is inadmissible in eviden#e. ven if the #onfession of an a##used s!ea"s the truth, if it as made ithout the assistan#e of #ounsel, it is inadmissible in eviden#e regardless of the absen#e of #oer#ion or even if it had been voluntaril& given An un#ounselled e2tra+udi#ial #onfession ithout a valid aiver of the right to #ounsel @ that is, in riting and in the !resen#e of #ounsel @ is inadmissible in eviden#e n #ontrast, a##used4a!!ellant's verbal #onfession before Marites Nas Atienza is, hoever, admissible in eviden#e. he #ase in !oint is Peo!le vs. Andan Andan here e ruled that the a##used's verbal #onfession made in a !rivate meeting ith the muni#i!al ma&or, s!ontaneousl&, full& and voluntaril& done, is admissible in eviden#e sin#e it is not #overed b& the re*uirements of %e#tion 1>;1< and ;3< of Arti#le of the Constitution. /hen said a##used tal"ed ith the ma&or as a #onfidant and not as a la enfor#ement offi#er, his un#ounselled #onfession did not violate his #onstitutional rights. Constitutional !ro#edures on #ustodial investigation do not a!!l& to a s!ontaneous statement, not eli#ited through *uestioning b& the authorities, but given in an ordinar& manner hereb& the a##used orall& admitted having #ommitted the #rime @ as in the #ase at bar.