People v de Lara; G.R. No. 94953; 05 Sep 1994; 236 SCRA 291

in Legal Chyme by

Appellant was arrested in a buy-bust operation. During the investigation, he was apprised of his constitutional rights to remain silent and to have the assistance of counsel. When asked to give a written statement, he refused to do so pending arrival of his lawyer. However, he was still forced to sign the photocopy of the marked twenty-peso bill, Receipt of Property Seized, and the Booking and Information Sheet which were all presented and admitted in evidence. He was subsequently convicted and sentenced to life imprisonment.

Whether or not the documents were admissible in evidence.

NO. The documents are inadmissible in evidence for the reason that there was no showing that appellant was assisted by counsel during his custodial interrogation nor his waiver of his right to a counsel was put into writing.

Decision appealed from is AFFIRMED with the modification.

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