FACTS:

The case involves the admissibility of an extrajudicial confession given by appellant Elizar Tomaquin, who is charged with murder. There were no eyewitnesses to the incident, and the prosecution's evidence, aside from the confession, was mainly circumstantial. The prosecution presented the following facts: On the night of December 14, 1996, appellant was drinking with his friends when he left the group due to a headache. Later, they heard someone shouting for help and found the victim, Jaquelyn Tatoy, bloodied and lying on the floor of her house. Jaquelyn was brought to the hospital but died. A tres cantos, believed to be appellant's, was found near the stairs, and his bloodstained shoes were discovered in the scene of the crime. The next day, barangay tanods went to appellant's residence, found him sleeping, and brought him to barangay captain Atty. Fortunato Parawan. Atty. Parawan informed appellant that he was a suspect, and appellant mentioned that his shirt was in another person's house. Atty. Parawan then instructed his tanods to take appellant to the police station. The following morning, appellant was investigated by SPO2 Mario Monilar of the Homicide Section at the Ramos Police Station. Appellant expressed his willingness to confess and requested Atty. Parawan, the barangay captain, to assist him. Atty. Parawan arrived in the afternoon, conferred with appellant for about fifteen minutes, and then informed SPO2 Monilar that appellant was ready to give his statement.

On the witness stand, the appellant admitted that he had a drinking spree with Rico Magdasal and three other persons. According to his version of the incident, it was Rico who committed the crime and not him. The appellant testified that Rico asked for his help in stealing a television set from the residence of the victim, Jacquelyn Tatoy. When Jacquelyn saw them, she ran towards the kitchen but was stabbed by Rico with a tres cantos on her back. The appellant contended that Rico owned the tres cantos and the pair of shoes that were left inside Tatoy's house. He claimed that he was afraid of what Rico could do to him if he did not help, so he complied with Rico's instructions.

The case involves the appellant, Elizar Tomaquin, who was accused of the crime of murder. The victim in the case was Jaquelyn Tatoy, a woman who was found dead inside her house. Appellant, along with another person named Rico, were seen by witnesses near the crime scene. The witnesses also saw appellant wearing Tres Cantos and a pair of shoes that were found inside Tatoy's house. After the incident, the appellant went to Wilson Magdasal's house and spent the night there. The next morning, the appellant was awakened by barangay tanod Julius Yosores who kicked him and threatened him with a gun. Appellant claims that he was maltreated by Rico and Edgar Magdasal in the presence of barangay captain Atty. Fortunato Parawan when he was brought to the latter's house. He also repudiated his extrajudicial confession, stating that Atty. Parawan only asked him to sign a blank sheet of paper, promising to assist him with his expenses. The Regional Trial Court (RTC) convicted the appellant of murder and imposed the penalty of reclusion perpetua. Appellant appealed the decision, raising issues regarding his uncounselled confession and the credibility of prosecution witnesses.

ISSUES:

1. Whether a barangay captain who is a lawyer can be considered an independent counsel within the purview of Section 12, Article III of the 1987 Constitution.

RULING:

1. No, a barangay captain cannot be considered an independent counsel as required by the Constitution. The Court held that the assistance rendered by Atty. Parawan, who was the barangay captain, did not meet the standards of an independent and competent counsel as he had a conflict of interest being a peacekeeping officer of his barangay. Therefore, the extrajudicial confession executed by the appellant is deemed an uncounselled confession and is inadmissible in evidence.

PRINCIPLES:

1. Competent and Independent Counsel As per Section 12, Article III of the 1987 Constitution, a lawyer assisting an accused during a custodial investigation must be competent and independent.

2. Conflict of Interest for Public Officers Public officers like barangay captains, who have duties to enforce laws and maintain peace and order, have an inherent conflict of interest that disqualifies them from serving as an independent counsel for an accused.

3. Admissibility of Extrajudicial Confessions An extrajudicial confession cannot be admitted in evidence if it is not executed with the assistance of a competent and independent counsel.

4. Circumstantial Evidence Standard For circumstantial evidence to support a conviction, it must constitute an unbroken chain leading to a fair and reasonable conclusion pointing solely to the accused as the guilty person, consistent with guilt and inconsistent with any other hypothesis.