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Ensuring Admissibility: The Importance of Effective Counsel During Custodial Investigations

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G.R. Nos. 118168-70, September 11, 1996

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Imagine being arrested and questioned about a serious crime. You’re scared, confused, and unsure of your rights. In the Philippines, the Constitution guarantees you the right to remain silent and to have competent legal counsel during this critical time. But what happens if the lawyer provided doesn’t truly advocate for you? This case highlights the importance of ‘effective and vigilant counsel’ during custodial investigations and the consequences of failing to protect an individual’s constitutional rights.

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Legal Context: Constitutional Rights During Custodial Investigation

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The Philippine Constitution enshrines the rights of individuals under custodial investigation. This means anyone taken into police custody and questioned about a crime has specific protections. These safeguards aim to prevent coerced confessions and ensure fair treatment. The key provision is Section 12(1), Article III of the Constitution, which states:

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“Any person under investigation for the commission of an offense shall have the right to be informed of his rights to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.”

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This provision guarantees not just any lawyer, but one who is “competent and independent.” This means the lawyer must be present from the start of questioning, able to advise the client, and ensure the confession is voluntary. The lawyer must also ensure the confessant fully understands the nature and consequence of his extrajudicial confession in relation to his constitutional rights. For example, imagine a scenario where someone is arrested for theft. They are immediately pressured by police to confess without fully understanding the implications. An effective counsel would step in, explain their rights, and ensure they are not coerced.

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Previous cases, such as People vs. Bacamante, have emphasized the role of