GR 80738; (February, 1990) (Digest)
G.R. No. 80738 February 26, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LYDIA RAMA y TAMOD, accused-appellant.
FACTS
On March 12, 1986, Yveeh Africa, a three-year-old child, went missing at the Don Bosco Youth Center in Tondo, Manila. Her mother, Macabecha Africa, searched extensively but could not locate her. Approximately three weeks later, on April 1, 1986, accused-appellant Lydia Rama was arrested based on a confidential tip. She was brought to Police Station No. 2 for custodial investigation.
During the investigation, police officers informed Rama of her constitutional rights to remain silent and to counsel. She allegedly waived these rights verbally, stating she would just tell the truth. She then admitted to kidnapping Yveeh Africa and approximately twenty other children, selling them to individuals at the Islamic Center Compound in Quiapo, Manila. Immediately after this admission, she accompanied a police team to the said compound, where seven children, including Yveeh Africa, were recovered from different houses. The child was later claimed by her mother.
ISSUE
Whether the extrajudicial confession made by the accused-appellant during custodial investigation is admissible as evidence against her.
RULING
No. The Supreme Court acquitted the accused-appellant. The Court emphasized that the constitutional right to counsel during custodial investigation is fundamental. While the right may be waived, such waiver must be voluntary, knowing, and intelligent. Crucially, under the prevailing jurisprudence at the time, which applied the 1973 Constitution, a valid waiver must be made with the assistance of counsel.
The records showed that although the police informed Rama of her rights, her subsequent verbal waiver and confession were made without the presence of counsel. The Court ruled that a waiver made without the assistance of counsel is void, rendering the confession inadmissible in evidence. The trial court’s conviction was based solely on this inadmissible confession, as there was no other independent evidence presented to inculpate her in the crime of kidnapping. Consequently, without the confession, the prosecution failed to prove her guilt beyond reasonable doubt. The decision of the Regional Trial Court was reversed and set aside.