Protecting Your Rights: When Confessions Become Inadmissible and the Power of Child Eyewitnesses

TLDR: This landmark Supreme Court case clarifies the crucial role of legal counsel during custodial interrogations, emphasizing that confessions obtained without proper legal assistance are inadmissible. It also highlights the surprising reliability of child eyewitness testimony, even from very young children, when assessing guilt in criminal cases.

G.R. No. 82351, April 24, 1998

INTRODUCTION

Imagine being accused of a crime you didn’t commit, and the prosecution’s case rests heavily on a confession you made without a lawyer present. This scenario highlights a critical aspect of Philippine criminal law: the admissibility of confessions and the right to counsel. The case of People of the Philippines vs. Romulo Carullo delves into this very issue, alongside the often-debated reliability of eyewitness testimony, particularly from young children. In this case, two men were convicted of robbery with homicide based on their confessions and the testimony of a four-year-old eyewitness. The Supreme Court scrutinized the validity of these confessions and the credibility of the child witness, ultimately affirming the conviction but underscoring vital legal principles that protect the rights of the accused while acknowledging the potential strength of a child’s observation.

LEGAL CONTEXT: RIGHT TO COUNSEL AND ADMISSIBILITY OF CONFESSIONS

The cornerstone of Philippine criminal procedure is the constitutional right to counsel, especially during custodial investigations. This right is enshrined to protect individuals from self-incrimination and ensure fair treatment under the law. Even before the explicit articulation in the 1987 Constitution, the Supreme Court, in cases like Morales v. Enrile (1983) and People v. Galit (1985), had already established that a valid waiver of the right to counsel during custodial investigation necessitates the assistance of counsel itself. This means that simply informing a person of their right to counsel isn’t enough; they must have access to legal advice before they can validly waive this right and make a statement that can be used against them in court.

Section 12, Article III of the 1987 Constitution explicitly states:

“(1) Any person under investigation for the commission of an offense shall have the right 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.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.”

This provision, while enacted after the confessions in the Carullo case were obtained, reflects the judicial interpretation already in place based on earlier constitutional principles. The inadmissibility of confessions obtained in violation of these rights is a crucial safeguard against coerced confessions and ensures the prosecution relies on evidence obtained through due process.

Furthermore, the rules on evidence in the Philippines, specifically Rule 130, Section 20, address the competency of witnesses. It states, “All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.” This rule establishes a very low bar for competency, focusing on the ability to perceive and communicate. It does not prescribe a minimum age, meaning even children can be considered competent witnesses, provided they can understand and truthfully relate their observations.

CASE BREAKDOWN: CONFESSIONS REJECTED, CHILD’S TESTIMONY UPHELD

In December 1983, Carolina Coronel was robbed, raped, and murdered in her beauty parlor-dwelling in Valenzuela. Accused-appellants Romulo Carullo and Jose Taule, along with Virgilio de los Reyes (who escaped), were implicated in the crime. Crucially, Carullo and Taule were arrested and gave extrajudicial confessions admitting their participation. These confessions, however, were obtained without the assistance of counsel. Adding to the prosecution’s case was the eyewitness testimony of Aileen Maclang, the victim’s four-year-old niece, who was present during the crime.

The Regional Trial Court (RTC) convicted Carullo and Taule of robbery with homicide, relying heavily on their confessions and Aileen’s testimony. The RTC acknowledged some inconsistencies in Aileen’s testimony but attributed them to her young age, finding her generally credible and without motive to lie.

On appeal to the Supreme Court, the admissibility of the confessions became a central issue. The Supreme Court meticulously reviewed the circumstances of the confessions, noting the testimony of the police officer, Pfc. Pagsanjan, which revealed that both Carullo and Taule were interrogated and made statements without legal counsel. The Court cited Morales v. Enrile and People v. Galit, reiterating the principle that waivers of the right to counsel during custodial investigations must be made with the assistance of counsel to be valid.

“No custodial investigation shall be conducted unless it be in the presence of counsel engaged by the person arrested, by any person on his behalf, or appointed by the court upon petition either of the detainee himself or by anyone on his behalf. The right to counsel may be waived but the waiver shall not be valid unless made with the assistance of counsel. Any statement obtained in violation of the procedure herein laid down, whether exculpatory or inculpatory, in whole or in part, shall be inadmissible in evidence.”

Because the confessions of Carullo and Taule were obtained without counsel, the Supreme Court declared them inadmissible, overturning the trial court’s reliance on this evidence.

However, the Supreme Court did not overturn the conviction. Instead, it focused on the eyewitness testimony of Aileen Maclang. Despite her young age at the time of the incident and the trial, the Court found her testimony compelling and credible. Aileen had consistently identified the accused in court and during an ocular inspection of the crime scene. The Court addressed arguments about Aileen’s age and potential inconsistencies, emphasizing that minor inconsistencies are common, especially in child witnesses, and can even enhance credibility by showing genuine recollection rather than a fabricated story.

“It is settled that minor inconsistencies do not affect the credibility of witnesses. On the contrary, they may even tend to strengthen their credibility. What is impressive is that this child was able to pick the three out of the crowd in the courtroom when asked to identify them. The three were seated in different places of the courtroom. Aileen identified the three accused as the ones she had seen kill her aunt, Carolina Coronel.”

The Court highlighted Aileen’s ability to recall details, her consistent identification of the accused, and the lack of any motive for her to falsely accuse the appellants. Ultimately, based on Aileen Maclang’s credible eyewitness account, the Supreme Court affirmed the conviction of Carullo and Taule for robbery with homicide, modifying only the penalty to reflect a single count of reclusion perpetua and increasing the indemnity to the victim’s heirs.

PRACTICAL IMPLICATIONS: KNOW YOUR RIGHTS AND TRUST CHILD WITNESSES

The Carullo case serves as a potent reminder of several critical legal principles and their practical implications for both individuals and the justice system:

• Right to Counsel is Paramount: This case reinforces the absolute necessity of legal counsel during custodial investigations. Any confession obtained without the presence and assistance of counsel is highly likely to be deemed inadmissible in court. Individuals undergoing investigation must assert their right to counsel and remain silent until they have consulted with a lawyer.
• Waiver Must Be Informed and Counseled: Waivers of the right to counsel are not taken lightly. Law enforcement must ensure that any waiver is not only in writing but also made with the informed guidance of legal counsel. This protects individuals from unknowingly relinquishing their constitutional rights.
• Credibility of Child Witnesses: The case underscores that children, even at a very young age, can be reliable eyewitnesses. Courts will assess their testimony based on their capacity to perceive, remember, and communicate, not solely on their age. Dismissing child testimony outright due to age is legally unsound.
• Importance of Eyewitness Testimony: Even when other forms of evidence, like confessions, are deemed inadmissible, credible eyewitness testimony can be sufficient to secure a conviction. This highlights the importance of thorough investigation and witness protection in criminal cases.

KEY LESSONS

• For Individuals: Always invoke your right to remain silent and your right to counsel if you are arrested or invited for questioning by law enforcement. Do not sign any documents or make any statements without consulting a lawyer.
• For Law Enforcement: Strictly adhere to the rules regarding custodial investigations, ensuring that individuals are provided with legal counsel before any questioning and before any waiver of rights is obtained.
• For the Justice System: Recognize the potential value of child eyewitness testimony while carefully evaluating its credibility alongside other evidence.

FREQUENTLY ASKED QUESTIONS (FAQs)

Q1: What is a custodial investigation?

A: Custodial investigation refers to questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom of action in any significant way. It’s when your rights to remain silent and to counsel become most critical.

Q2: If I confess without a lawyer, is my confession automatically invalid?

A: Yes, under Philippine law, confessions made during custodial investigation without the assistance of counsel are generally inadmissible as evidence. The Carullo case reaffirms this principle.

Q3: Can I waive my right to counsel?

A: Yes, you can waive your right to counsel, but this waiver must be done in writing and, crucially, in the presence of counsel. A waiver made without legal counsel is not considered valid.

Q4: How young is too young to be a witness?

A: Philippine law does not set a minimum age for witnesses. The competency of a child witness depends on their ability to perceive facts and communicate them truthfully. Courts will assess each child witness individually.

Q5: Are child witnesses always reliable?

A: While children can be reliable witnesses, their testimony should be carefully evaluated. Courts consider factors like the child’s age, understanding, memory, and potential suggestibility. However, as the Carullo case shows, child testimony can be powerful and credible.

Q6: What is ‘reclusion perpetua’?

A: Reclusion perpetua is a penalty under Philippine law, meaning imprisonment for life. It has specific legal durations and accessory penalties distinct from ‘life imprisonment’.

Q7: What is robbery with homicide?

A: Robbery with homicide is a crime where robbery is committed, and on the occasion of or by reason of the robbery, homicide (killing of a person) also takes place. It carries a severe penalty under the Revised Penal Code.

ASG Law specializes in Criminal Defense and Litigation. Contact us or email hello@asglawpartners.com to schedule a consultation.