People V Labtan

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People v. Labtan, G.R. No.

127493, December 8, 1999


PEOPLE OF THE PHILIPPINES,vs. ORLANDO LABTAN y DAQUIHON
FACTS:
On April 23, 1993, an information was filed against Henry Feliciano, Orlando Labtan and
Jonelto Labtan charging them with robbery with homicide before the Regional Trial Court of
Cagayan De Oro City. Subsequently, another information was filed against Henry Feliciano and
Orlando Labtan charging them with highway robbery. Upon arraignment, only Feliciano pleaded
not guilty to the two charges. Orlando Labtan had escaped, while Jonelto Labtan had eluded
arrest. The two cases were tried together. After trial on the merits, the trial court found Henry
Feliciano guilty beyond reasonable doubt of the crime of robbery with homicide and sentenced
him to suffer the penalty of reclusion perpetua. The lower court likewise convicted him for the
crime of highway robbery. In convicting the appellant, the trial court relied on the sworn
statement executed by herein appellant before the Cagayan De Oro Police Station and the
testimony of one Ismael Ebon. Aggrieved by the decision, herein appellant filed an appeal before
the Supreme Court.
ISSUE: WON the defendant was deprieved of his right ti have a competent counsel.
HELD:
"[T]he right to counsel attaches upon the start of an investigation, i.e. when the investigating
officer starts to ask questions to elicit information and/or confessions or admissions from the
respondent/accused. At such point or stage, the person being interrogated must be assisted by
counsel to avoid the pernicious practice extorting false or coerced admissions or confessions
from the lips of the person undergoing interrogation, for the commission of an offense. The
moment there is a move or even urge of said investigators to elicit admissions or confessions or
even plain information which may appear innocent or innocuous at the time, from said suspect,
he should then and there be assisted by counsel, unless he waives the right, but the waiver shall
be made in writing and in the presence of counsel." We find that accused-appellant Feliciano had
been denied of his right to have a competent and independent counsel when he was questioned in
the Cagayan de Oro City Police Station. SPO1 Alfonso Cuarez testified that he started
questioning Feliciano at 8:00 a.m. of April 22, 1993 regarding his involvement in the killing of
jeepney driver Florentino Bolasito, notwithstanding the fact that he had not been apprised of his
right to counsel.

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