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    75 People Vs Galit - Digested

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    ian ballarta
    Mrs. Natividad Fernando was found dead in her home with seven wounds from a blunt object. Francisco Galit was suspected of the murder and taken in for questioning by authorities. Galit initially gave evasive answers but later confessed, though he claimed this confession was given under torture after nearly five days of interrogation without a lawyer. At trial, a witness testified they overheard Galit admitting to the crime, while Galit maintained his innocence. The judge found Galit guilty and sentenced him to death. On review, the court found the evidence did not support a conviction as Galit's confession was likely made under duress and his rights were violated under interrogation. They acquitted Galit.

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    75 People Vs Galit - Digested

    Uploaded by

    ian ballarta
    74 views1 page
    Mrs. Natividad Fernando was found dead in her home with seven wounds from a blunt object. Francisco Galit was suspected of the murder and taken in for questioning by authorities. Galit initially gave evasive answers but later confessed, though he claimed this confession was given under torture after nearly five days of interrogation without a lawyer. At trial, a witness testified they overheard Galit admitting to the crime, while Galit maintained his innocence. The judge found Galit guilty and sentenced him to death. On review, the court found the evidence did not support a conviction as Galit's confession was likely made under duress and his rights were violated under interrogation. They acquitted Galit.

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    75 People vs Galit - Digested

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    Mrs. Natividad Fernando was found dead in her home with seven wounds from a blunt object. Francisco Galit was suspected of the murder and taken in for questioning by authorities. Galit initially gave evasive answers but later confessed, though he claimed this confession was given under torture after nearly five days of interrogation without a lawyer. At trial, a witness testified they overheard Galit admitting to the crime, while Galit maintained his innocence. The judge found Galit guilty and sentenced him to death. On review, the court found the evidence did not support a conviction as Galit's confession was likely made under duress and his rights were violated under interrogation. They acquitted Galit.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    74 views1 page

    75 People Vs Galit - Digested

    Uploaded by

    ian ballarta
    Mrs. Natividad Fernando was found dead in her home with seven wounds from a blunt object. Francisco Galit was suspected of the murder and taken in for questioning by authorities. Galit initially gave evasive answers but later confessed, though he claimed this confession was given under torture after nearly five days of interrogation without a lawyer. At trial, a witness testified they overheard Galit admitting to the crime, while Galit maintained his innocence. The judge found Galit guilty and sentenced him to death. On review, the court found the evidence did not support a conviction as Galit's confession was likely made under duress and his rights were violated under interrogation. They acquitted Galit.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    THE PEOPLE OF THE PHILIPPINES vs FRANCISCO GALIT

    Mrs. Natividad Fernando, a widow, was found dead in the bedroom of her house as a result of seven (7)
    wounds inflicted upon different parts of her body by a blunt instrument. More than two weeks
    thereafter, police authorities of Montalban picked up the herein accused, Francisco Galit, an ordinary
    construction worker on suspicion of the murder. Accused was then brought to the NBI where he was
    investigated. NBI conducted a preliminary interview of the suspect who allegedly gave evasive answers
    to his questions but the following day, Francisco Galit voluntarily executed a Salaysay admitting
    participation in the commission of the crime. He implicated Juling Dulay and Pabling Dulay as his
    companions in the crime. As a result, he was charged with the crime of Robbery with Homicide.

    Trial was held. Prosecution witness Florentino Valentino testified that he heard accused Francisco Galit
    and his wife having an argument in connection with the robbery and killing of the victim . He overheard
    accused Galit and his wife quarreling about the intention of accused Galit to leave their residence
    immediately. He also overheard accused Galit saying that he and his other two companions robbed and
    killed Natividad Fernando. The accused, upon the other hand, denied participation in the commission of
    the crime. He claimed that he was in his house in Marikina, Rizal, when the crime was committed in
    Montalban, Rizal. He also assailed the admissibility of the extra-judicial confession extracted from him
    withourt the benefit of a lawyer and through torture, force and intimidation where he was detained and
    interrogated for almost five days, to no avail as he consistently maintained his innocence. The
    investigating officers began to maul him and to torture him physically but he insisted on his innocence.
    When his body could no longer endure the pain inflicted on him and the indignities he had to suffer. His
    will had been broken and he signed the confession they prepared and he posed against his will for
    pictures as directed by his investigators, purporting it to be a reenactment.

    Immediately after the accused had terminated the presentation of his evidence, the trial judge dictated
    his decision on the case in open court, finding the accused guilty as charged and sentencing him to
    suffer the death penalty. Hence, this review.

    ISSUE: Whether or not during custodial investigation a long questioned followed by a monosyllabic
    answer is admissible as evidence against the accused.

    RULING: After a review of the records, The Court find that the evidence presented by the prosecution
    does not support a conviction. In the case of Morales vs. Ponce Enrile, it laid down the correct procedure
    for peace officers to follow when making an arrest and in conducting a custodial investigation, At the
    time a person is arrested, it shall be the duty of the arresting officer to inform him of the reason for the
    arrest and he must be shown the warrant of arrest, if any. He shall be informed of his constitutional
    rights to remain silent and to counsel, and that any statement he might make could be used against him.
    The person arrested shall have the right to communicate with his lawyer, a relative, or anyone he
    chooses by the most expedient means — by telephone if possible — or by letter or messenger. It shall
    be the responsibility of the arresting officer to see to it that this is accomplished. 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.

    There were no eyewitnesses, no property recovered from the accused, no state witnesses, and not even
    fingerprints of the accused at the scene of the crime. The only evidence against the accused is his
    alleged confession. Such a long question followed by a monosyllabic answer does not satisfy the
    requirements of the law that the accused be informed of his rights under the Constitution and our laws.
    The alleged confession and the pictures of the supposed re-enactment are inadmissible as evidence
    because they were obtained in a manner contrary to law.

    The Court aquiitted the accused Francisco Galit.

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