Consti 2 (People of The Philipines vs. Anacleto Olvis)
Consti 2 (People of The Philipines vs. Anacleto Olvis)
Consti 2 (People of The Philipines vs. Anacleto Olvis)
FACTS:
On September 9, 1975, Alfredo and Estrella Bagon, siblings, went to the Police Station of Zamboanga to
report their brother, Discredit (Deosdedit) Bagon, missing for 2 days, who was last seen together with
Dominador Sorela (one of the 4 accused). The police picked up all the 3 accused and it was discovered
that the body of the victim was left in the rice field. The necropsy report disclosed that the victim
suffered several stab and hack wounds. Investigators found out, after ordering the accused to re-enact
the incident, that the killing was ordered by Anacleto Olvis, mayor, for a reward of P3,000 each (through
separate written confessions). The court charged Olvis as principal by inducement and the other 3 as
principal by direct participation, for the crime of murder. On appeal, the court acquitted Olvis for having
no evidence that tend to establish his complicity in the case, and sentenced the 3 to suffer the penalty of
death.
ISSUE:
Whether or not the statements made by the 3 accused-appelants, as an extrajudicial confession, can
stand up in court?
RULING:
No. The extrajudicial confessions made by the accused are inadmissible in evidence because it suffer
from a Constitutional infirmity when the accused-appellants were not assisted by counsel when they
"waived" their rights to counsel; and the forced re-enactments ordered by the investigating officers
violates their right against self-incrimination which is, that “No person shall be compelled to be a
witness against himself”.