People v Andan; G.R. No. 116437; 03 Mar 1997; 269 SCRA 95

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Accused-appellant and two other suspects were rounded up in connection with a rape with homicide case. In the presence of the mayor, the police, representatives of the media and appellant’s own wife and son, appellant confessed his guilt, disclosed how he killed Marianne and volunteered to show them the place where he hid her bags. The confession was captured on videotape.

Whether or not accused-appellant’s extrajudicial oral confession unassisted by a counsel is admissible in evidence.

YES. The constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the crime. What the Constitution bars is the compulsory disclosure of incriminating facts or confessions. Appellant’s confession to the mayor was not made in response to any interrogation by the latter. His confessions to the media were made in response to questions by news reporters, not by the police or any other investigating officer.

Decision of the lower court is AFFIRMED. Accused-appellant is CONVICTED of the special complex crime of rape with homicide.

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