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Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE XI
OFFICE OF THE PROVINCIAL PROSECUTOR
Digos City, Davao del Sur

TERESA ALCASID, NPS-X1-04-INQ-15G-00064

Complainant,

-versus- FOR: ROBBERY

CHARLIE ARNOSA, RICRIC

ARNOSA (17 years old) AND
SHERWIN NOLAND (16 years
old),
Respondents.
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RESOLUTION
(Inquest)

Respondents were brought for Inquest in this Office after having

been arrested by the police authorities from Sulop Municipal Police
Station for forcibly taking one laptop valued at 27,634.13, food and
drinks and a bunch of classroom keys from the office of the principal of
Talao Elementary School, Sulop, Davao del Sur.

On March 16, 2016, at around 9 oclock in the evening, Barangay

Captain Meliton Portabes, Jr. together with Barangay Tanods Jimmy L.
Martinez and Ricky C. Nacilla were patrolling when they saw three
persons coming out of the Talao Elementary School compound.
Suspicious, they called the attention of the Respondents and frisked
them. A bunch of keys was found in the possession of Respondent
Sherwin Noland who said that the keys are owned by his mother.

The following day, March 17, 2016, Complainant Teresa Alcasid

who is the School Property Custodian informed the Brgy. Captain that
the Principals Office was robbed. Immediately, Brgy. Captain Portabes
instructed Brgy. Tanod Jimmy Martinez to look for the suspicious
persons they saw the night before. After they were brought to the
Barangay Hall, Respondents allegedly voluntarily admitted that they
were responsible for the unlawful taking and admitted that they know
where the laptop was. Police assistance was then sought and
eventually the laptop was recovered on the basis of the information
from the Respondents.

Respondents, in their Counter-Affidavit, did not deny the

commission of the offense charged or assail the voluntariness of the
confession but argued that the confession was made without the
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assistance of counsel. They also claim that the pointing of the location
of the laptop is a violation of their right to self-incrimination. Hence,
the evidence against them are inadmissible.

In the case of People vs. Edna Malngan, G. R. No. 170470,

September 26, 2006, the Supreme Court held that Arguably, the
barangay tanods, including the Barangay Chairman, in this particular
instance, may be deemed as law enforcement officer for purposes of
applying Article III, Section 12(1) and (3), of the Constitution. When
accused-appellant was brought to the barangay hall in the morning of
2 January 2001, she was already a suspect, actually the only one, in
the fire that destroyed several houses as well as killed the whole family
of Roberto Separa, Sr. She was, therefore, already under custodial
investigation and the rights guaranteed by Article III, Section 12(1), of
the Constitution should have already been observed or applied to her.
Accused-appellants confession to Barangay Chairman Remigio
Bernardo was made in response to the interrogation made by the latter
admittedly conducted without first informing accused-appellant of her
rights under the Constitution or done in the presence of counsel. For
this reason, the confession of accused-appellant, given to Barangay
Chairman Remigio Bernardo, as well as the lighter found by the latter
in her bag are inadmissible in evidence against her as such were
obtained in violation of her constitutional rights.

Article III, Section 12 of the 1987 Constitution in part provides:

(1) Any person under investigation for the commission of

an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of
counsel.

xxx xxx xxx

(3) Any confession or admission obtained in violation of

this or Section 17 hereof shall be inadmissible in evidence
against him.

In this case, Brgy. Captain Meliton Portabes, Jr. believed that the
Respondents had something to do with the robbery incident. Precisely,
he ordered the Tanods to bring them to the Barangay Hall to be
questioned after the Complainant reported the robbery incident. Such
questioning partakes the nature of a custodial investigation where the
investigation is no longer a general inquiry into an unsolved crime but
starts to focus on a particular person as a suspect. Rights of persons
under custodial investigation should have been observed.
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Therefore, the confession of the Respondents and the keys

recovered from the possession of Respondent Sherwin Noland are
inadmissible as evidence against them for having been made without
the assistance of their independent and competent counsel.

Further, this Office believes that the pointing of the location of

the laptop is an admission. An admission is an act, declaration or
omission of a party as to a relevant fact which may be given in
evidence against him. Confession, on the other hand, is a declaration
of an accused acknowledging his guilt of the offense charged or of any
offense necessarily included therein. As already discussed, the
Respondents were already under custodial investigation at the time
they were before the Brgy. Captain but their constitutional rights were
not observed. Hence, the admission is also inadmissible.

On the basis of the foregoing, this Office finds dearth of evidence

to support a finding of probable cause against the Respondents. The
complaint against Respondents Charlie Arnosa, Ricric Arnosa and
Sherwin Noland for Robbery is hereby ordered dismissed for lack of
Probable Cause.

Unless otherwise detained for some other legal cause, the Chief
of Police of PNP Sulop Municipal Police Station is hereby directed to
release Charlie Arnosa from detention. The Department of Social
Welfare and Development is likewise directed to release from their
custody the minors, Ricric Arnosa and Sherwin Noland.

SO ORDERED.

Digos City, Davao del Sur, Philippines, April 6, 2016.

TERESITA T. MANABENG-RECTO
Provincial Prosecutor
MCLE Compliance No. V-0009808

Copy Furnished:
1. Teresa Alcasid Purok 1, Brgy. Talas, Sulop, Davao del Sur
2. Ricric Arnosa Purok 5, McKinley, Sulop, Davao del Sur
3. Sherwin Noland Purok 7, Sulop, Davao del Sur
4. Charlie Arnosa - Purok 7, Sulop, Davao del Sur
5. The Chief of Police PNP Sulop Municipal Police Station, Davao
del Sur
6. Municipal Social Welfare and Development Officer, DSWD, Sulop,
DDS
7. Atty.Lorenzo L. Matura Fronting Roman Catholic Church,
Padada, DDS
8. Municipal Social Welfare and Development Office- Sulop, Davao
del Sur
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TTMR:kat:bing