People v Bolanos 211 SCRA 262 (1992)

Facts: Police authorities arrested the accused for murder. Together with the accused the police boarded a jeep to take him to their station. While on board the jeep the accused started admitting killing the deceased. This extrajudicial confession was used as evidence in court and the accused was convicted.

Issue: Whether or not accused-appellant was deprived of his constitutional right to counsel.




Held: Yes. The accused on board the police vehicle on the way to the police station is already under custodial investigation and should therefore be accorded his rights under the Constitution and be informed of his Miranda rights. Any extrajudicial confession he makes without his counsel is deemed inadmissible to court.

No comments:

Post a Comment

Popular Posts