People v Lucero 244 SCRA 425 (1995)

Facts: Accused-appellant was convicted for robbery with homicide. While he was in custodial investigation the accused cannot afford a lawyer thus one was provided for him in the person of Atty. Peralta as his counsel. Counsel explained to the accused his constitutional rights but Atty. Peralta observed no reaction from the accused. He left to attend the wake of a friend and the police authorities started to take statements from the accused. Apparently during the custodial investigation no counsel was around while accused gave his extrajudicial confession which was used against him as evidence in court and merit his conviction.

Issue: Whether or not the extrajudicial confession of the accused may be admissible during the trial.

Held: Appellant's conviction cannot be based on his extrajudicial confession.

The constitution requires that a person under investigation for the commission of a crime should be provided with a counsel. This is a constitutional guarantee to protect the accused against the hostility and duress from the authorities during custodial investigation. Any confession or statement made without the presence of a counsel during the investigation is deemed to be inadmissible as evidence in court. It appears that when the accused was taken with his statements his counsel was not around. Therefore his extrajudicial confession cannot be used as evidence against the accused during his trial. The court erred in admitting it as evidence and as a basis of conviction therefore the accused is acquitted.