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Custodial Rights in Pasudag Case

The case involved Albert Pasudag who was found growing marijuana plants in his backyard by police. Pasudag was taken into the police station where he admitted to owning the plants and signed a confiscation report. Pasudag argued on appeal that he was under custodial investigation when he signed the report and was not assisted by counsel. The court ruled that Pasudag was indeed under custodial investigation from the moment police became suspicious of him at his home. As Pasudag was not informed of his rights or provided legal counsel during his interrogation and signing of the report, the evidence obtained was inadmissible.

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Rolan Klyde Kho Yap
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66 views1 page

Custodial Rights in Pasudag Case

The case involved Albert Pasudag who was found growing marijuana plants in his backyard by police. Pasudag was taken into the police station where he admitted to owning the plants and signed a confiscation report. Pasudag argued on appeal that he was under custodial investigation when he signed the report and was not assisted by counsel. The court ruled that Pasudag was indeed under custodial investigation from the moment police became suspicious of him at his home. As Pasudag was not informed of his rights or provided legal counsel during his interrogation and signing of the report, the evidence obtained was inadmissible.

Uploaded by

Rolan Klyde Kho Yap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

ROLAN KLYDE YAP

People vs. Pasudag


G.R. No. 128822, May 4, 2001
Rights under custodial investigation Sec. 12
Available only during custodial investigation

Facts:
The case arose when one of the police officers noticed marijuana plant in a house
owned by Albert Pasudag. After reporting the incident to the Chief of Police, a team
went to the area and seized the plant.

At the police station, Pasudag admitted that he was the owned the marijuana
plants. Thereafter, a police officer prepared a confiscation report which accused
Pasudag signed.

The Trial Court find the accused guilty. However during appeal, Pasudag
contended that the trial court erred in concluding that the confiscation report was not
an extrajudicial admission which required the intervention of his counsel.

Issue:
Whether Pasudag was under custodial investigation when he signed the
confiscation receipt

Ruling:
Yes, the accused was already under custodial investigation when he signed the
confiscation receipt.

It has been held repeatedly that custodial investigation commences when a


person is taken into custody and is singled out as a suspect in the commission of a crime
under investigation and the police officers begin to ask questions on the suspect's
participation therein and which tend to elicit an admission.

Here, the accused was a suspect from the moment the police team went to his
house and ordered the uprooting of the marijuana plants in his backyard garden.

Therefore, the court ruled that the evidence obtained was inadmissible as
Pasudag was not previously informed of his constitutional rights and in both the
interrogation and the signing of the confiscation receipt, no counsel assisted Pasudag.

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