Question XVII, Political Law, 2018 Bar Exam

The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high school student. While on the way to the police station, one of the police officers who served the warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded and said, “Opo.” Upon arriving at the police station, Ariston saw the City Mayor, whom he approached and asked if they could talk privately. The Mayor led Ariston to his office and, while there in conversation with the Mayor, Ariston broke down and admitted that he raped and killed the student. The Mayor thereafter opened the door of the room to let the public and media representatives witness Ariston’s confession. In the presence of the Mayor, the police and the media, and in response to questions asked by some members of the media, Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

Which of these extrajudicial confessions, if any, would you consider as admissible in evidence against Ariston? (5%)

Suggested Answer:

1) The extrajudicial confession with police officers is not admissible. Answer

Under the 1987 Constitution and jurisprudence, a person under custodial investigation should be read his Miranda rights, including the right to remain silent and to counsel. Further, any extrajudicial confession should be with the assistance of counsel and in writing. Rule

In the case at bar, the admission to the police officers were defectiv...

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