Scribd
Upload
441 views1 page

People vs. Morial

Leonardo Morial confessed to robbery with homicide during a custodial investigation but later recanted, claiming police torture. On appeal, he argued his confession was inadmissible because his lawyer was not present for the entire interrogation, violating his right to counsel under RA 7438. The court agreed, ruling the confession inadmissible because the lawyer left during questioning and there was no written, counselled waiver of right to counsel as required.

Uploaded by

Glomarie Gonayon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
441 views1 page

People vs. Morial

Leonardo Morial confessed to robbery with homicide during a custodial investigation but later recanted, claiming police torture. On appeal, he argued his confession was inadmissible because his lawyer was not present for the entire interrogation, violating his right to counsel under RA 7438. The court agreed, ruling the confession inadmissible because the lawyer left during questioning and there was no written, counselled waiver of right to counsel as required.

Uploaded by

Glomarie Gonayon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

PEOPLE vs.

MORIAL

G.R. No. 129295

August 15, 2001

Facts:

Edwin Morial, Leonardo Morial and Nonelito Abinon were convicted of Robbery with Homicide.
During the custodial investigation, Leonardo Morial made an extrajudicial confession admitting to the
crime. However, later on, he recanted his confession saying that the police tortured him into admitting
the crime. On appeal, Morial moved to quash the extrajudicial confession claiming that such confession
was made without the assistance of counsel given him by the police was not present during the whole
interrogation. He left to attend some personal matters while the interrogation of Morial was still going
on. However, said attorney claimed that he was present when Morial signed the admission.

Issue:

Is the extrajudicial confession admissible as evidence against the accused?

Ruling:

No, the extrajudicial confession is not admissible as evidence. Under section 2A of RA 7438, any
person arrested, detained under custodial investigations shall at all times be assisted by counsel. In the
absence of a lawyer, no custodial investigation shall be conducted. In the present case, the counsel left
for a different appointment while the accused was under investigation by the police officer. This is a
clear violation of RA 7438. Moreover, there was an invalid waiver of the right to counsel since this right
cannot be waived except through writing and in the presence of counsel. In this case, no written waiver
and counselled waiver was presented as evidence.

You might also like