Consti II case digest: People vs. Jara

ADMISSIBILITY (FRUITS OF THE POISONOUS TREE)

FACTS:

Petitioner Jara herein was charged of robbery with parricide and murder, while the other two, namely Reymundo Vergar b a and Roberto Bernadas, with robbery with homicide.

At about June 9 1978, about 1:30 AM, at Malvar Street, Puerto Princesa, Palawan, the above mentioned accused conspired, confederate with each other to rob and kill two persons in the name of Luisa Jara, the wife of Felicisimo Jara, and Amparo Bantique. They killed the two by bludgeoning them with a hammer and stabbing on their vital parts with pair of scissors.

Vergara and Bernadas were apprehended and made an extrajudicial confession and even the reenactment of the crime, before the Provincial Commander of the Philippine Constabulary in Palawan and other police investigators, admitting that they, and pointing to Jara as the mastermind, killed the decease, Luisa Jara and Amparo Bantigue. They made the said confession and reenactment of the crime without the assistance and benefit of a counsel.

During the arraignment, Vergara and Bernadas however retracted their extrajudicial statements.

ISSUE:

Whether or not the extrajudicial confession made by Vergara and Bernadas were admissible.

HELD:

No. In order for the extrajudicial confession to be valid it should be voluntarily given,and now, the prosecution has the burden of proving that the extrajudicial confession was voluntarily given (adopted from Miranda case).

In the case at bar, and the record shows that the interrogation was made incommunicado, wherein Vergara and Bernadas where each interrogated, surrounded by the policemen.

With the testimony of Philippine Constabulary Sergeant, Oscar Ponce De Leon, assigned at the PC Medical Dispensary TESTIFIED that he treated Bernadas for cigarette burns and Vergara for a wound at the tip of his right hand. Thus it cannot be discounted that the effect of incommunicado questioning, lighted cigarettes and other means which leave physical marks were utilized to secure voluntary confession. Since the confessions were inadmissible, Vergara and Bernadas must be acquitted.