People v Fabro; G.R. No. 95089; 11 Aug 1997; 85 SCAD 466

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In an information, accused-appellant and four other suspects were charged with murder. After being interrogated and grilled for two hours, he was requested to sign a document which turned out to be is extrajudicial confession/admission.

Whether or not accused-appellant’s confession is inadmissible in evidence for being violative of the Constitution.

NO. There was sufficient showing that accused-appellant was apprised of his constitutional rights to be silent and to counsel during the interrogation but he waived the same in the presence of his counsel. With such waiver, accused-appellant’s extrajudicial confession is deemed to have been made freely and voluntarily.

Assailed decision is AFFIRMED with a slight modification.

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