JUST TO CLARIFY: It has been held that there is nothing in the rules which render a preliminary investigation ( prosecution level) invalid without the assistance of counsel. (Pp v. Narca, 275 SCRA 696). This is likewise true in cases of inquest proceedings where the detained person does NOT OPT for a preliminary investigation or otherwise REFUSES to execute the required waiver, the inquest prosecutor SHALL PROCEED with the conduct of the inquest proceeding, nothwithstanding the absence of a counsel, by examining the sworn statements/affidavits of the complainant and the witnesses and other supporting evidence submitted. A confession obtained however, during the preliminary investigation without the assistance of a counsel is INADMISSIBLE. (Pp vs. Abano, 145 SCRA 555; Pp v. Ayson, 175 SCRA 216.
Posted on: Mon, 07 Jul 2014 05:54:42 +0000
Trending Topics
Recently Viewed Topics
© 2015