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People vs. Continente - 339 Scra 1 (2000)
People vs. Continente - 339 Scra 1 (2000)
FACTS
Donato B. Continente and Juanito T. Itaas were charged for two (2) separate amended Informations for murder and
frustrated murder in connection with the shooting incident on April 21, 1989 at the corner of Tomas Morato Street and
Timog Avenue in Quezon City which caused the death of U.S. Col. James N. Rowe while seriously wounding his
driver, Joaquin Vinuya. It appears that the ambush on Col. James Rowe and his driver was witnessed by a certain
Meriam Zulueta. Zulueta recognized Continente whom she had encountered on at least three (3) occasions at a
carinderia outside the JUSMAG Compound.
Juanito Itaas testified and denied the truth of the contents of his sworn statements which are respectively dated August
29, 1989 and August 30, 1989, insofar as the same establish his participation in the ambush of Col. James Rowe and
his driver on April 21, 1989. Appellant Itaas testified that he was allegedly tortured by his captors on August 27 and
28, 1989 in Davao City; that he was blindfolded and a masking tape was placed on his mouth; and that subsequently,
he was hit and mauled while a cellophane was placed on his head thus, causing him to loss consciousness.
Donato Continente testified that CIS Investigator Pablico maintained that he knew something about it; that appellant
Continente was alone with Investigator Pablico during the investigation; that he signed his sworn statement in the
presence of Pablico and swore to the truth thereof before the administering fiscal for fear that something might happen
to him while he was alone; that he signed the last page of his sworn statement first before signing the waiver of his
constitutional rights upon arrival of Atty. Bonifacio Manansala whose legal services was engaged by the CIS
Investigators.
ISSUE
Whether or not herein PETITIONER’S rights during custodial investigation were violated as they have no counsel of
their own choice
RULING
NO. Both accused did not validly repudiate the counsels who rendered them legal assistance during their respective
investigations as biased and incompetent. It must be emphasized that both appellants never signified their desire to
have lawyers of their own choice. In any case, it has been ruled that while the initial choice of the lawyer in cases
where a person under custodial investigation cannot afford the services of the lawyer is naturally lodged in the police
investigators, the accused really has the final choice as he may reject the counsel chosen for him and ask for another
one. A lawyer provided by the investigators is deemed engaged by the accused where he never raised any objection
against the former's appointment during the course of the investigation and the accused thereafter subscribes to the
veracity of his statement before the swearing officer.
Moreover, the testimony of prosecution eyewitness Meriam Zulueta confirms to a large extent the statements made by
the appellants in their written confessions. Zulueta positively identified appellant Juanito Itaas as among the persons
on board a car, directly behind the driver, whose body was half exposed, while firing at the car of Col. James Rowe at
the corner of Tomas Morato Street and Timog Avenue in Quezon City. She also testified that she had seen appellant
Donato Continente on at least three (3) occasions at the carinderia outside the JUSMAG compound. She mistook
appellant Continente for a tricycle driver on April 17, 1989 while the latter was simply walking around the premises.
The second and third encounters with the appellant (Continente) took place on April 18 and 19, 1989 while the said
appellant was standing inside the same carinderia.