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People vs. Omilig, G.R. No. 206296, Aug. 12, 2015
Issue: Are extra-judicial confessions executed during preliminary investigation covered by rules on custodial investigation? Ruling: Yes. Te import of te distinction bet!een custodial interrogation and preliminary invest investiga igatio tion n relate relatess to te inere inerently ntly coerciv coercivee nature nature of a custod custodial ial interr interroga ogatio tion n !ic !ic is conducted by te police autorities. "ue to te interrogatory procedures employed by police autorities# !ic are conducive to pysical and psycological coercion# te la! affords arrested persons constitutional con stitutional rigts to guarantee te voluntariness of teir confessions and admissions# and to act as deterrent from coercion by police autorities. Tese safeguards are found in Article III# $ection %&'%( of te )onstitution and $ection & of R.A. *o. +,. $ans proper safeguards# custodial investigation is a fertile means to obtain confessions and admissions in duress. In tis case# even if accused-appellant /e0aflor1s extrajudicial confessions !ere obtained under custodial investigation# tese are admissible. To be admissible# a confession must comply !it te follo!ing re2uirements: it 3must be 'a( voluntary4 b( made !it te assistance of a competent and independent counsel4 c( express4 and d( in !riting.5 In te case at bar# te prosecution did not present proof of te absence of any of tese re2uirements.