PEOPLE V LUGOD Case Digest

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PEOPLE V LUGOD

- Rape with homicide was filed against the accused Lugod (victim name RAMOS)
- Upon arraignment, the accused with the assistance of counsel entered a plea of not
guilty. 3 Thereafter, trial ensued.
- During trial, the prosecution presented that the accused confessed that he committed the
offense imputed against him
- on appeal, the accuse claimed that THE COURT ERRED IN HOLDING THAT APPELLANT
CONFESSED HIS GUILT BEFORE THE VICE-MAYOR, WHICH CONFESSION IS
ADMISSIBLE AS IT WAS NOT MADE IN RESPONSE TO ANY INTERROGATION.

RATIO:
SO NOW LET’S REVIEW WHETHER THE PROCEDURES IN A CUSTODIAL INVESTIGATION HAS
BEEN OBSERVED:

1. In the custody of competent authorities. No more General Inquiry, investigation


focuses on one particular suspect

There is no question that at the time of his apprehension, accused-appellant was already
placed under arrest and was suspected of having something to do with the disappearance of
Nairube.

In fact, the lower court declared that accused-appellants warrantless arrest was valid based on
Section 5 (b) of Rule 113 of the Rules of Court.

2. Inform the suspect of his rights provided under SEC 12 article 3 BILL OF RIGHTS

However, at the time of his arrest, the apprehending officers did not inform the accused-
appellant and in fact acted in a blatant and wanton disregard of his constitutional rights
specified in Section 12, Article III of the Constitution

3. Admissibility of the alleged confession

The records do not support the confession allegedly made by the accused-appellant to the
Mayor and Vice-Mayor of Cavinti. The mayor did not even testify in the trial about the said
confession (but did testify about the wounds he saw when he visited Lugod)

His confession was elicited by SPO2 Gallardo who promised him that he would help him if he
told the truth. Furthermore, when accused-appellant allegedly pointed out the body of the
victim, SPO2 Gallardo, the whole police force as well as nearly one hundred (100) of the
townspeople of Cavinti escorted him there.
Ricardo Vida stated that the townspeople were antagonistic towards accused-appellant and
wanted to hurt him. The atmosphere from the time accused-appellant was apprehended and
taken to the police station up until the time he was alleged to have pointed out the location of
the body of the victim was highly intimidating and was not conducive to a spontaneous
response.

Amidst such a highly coercive atmosphere, accused-appellants claim that he was beaten up
and maltreated by the police officers raises a very serious doubt as to the voluntariness of his
alleged confession.

Consequently, the accused-appellants act of confessing to SPO2 Gallardo that he raped


and killed Nairube without the assistance of counsel cannot be used against him for
having transgressed accused-appellants rights under the Bill of Rights.

The accused was ACQUITTED

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