[OPINION DEEP DIVE] The fruit of the poisonous interview

This week’s Deep Dive looks into the admissibility of Mr Ronnel Mas' admission based on case law as well as the finding of the DOJ that his admission 'cured' the illegal arrest. ThoughtLeaders

Disclosure: The author is a member, and currently the Regional Coordinator for Metro Manila, of the Free Legal Assistance Group which acts as counsel for Mr Ronnel Mas. He was also the counsel for the late Mr Pablito Andan, the accused subject of one of the cases cited below, before the Supreme Court in a separate petition to question the constitutionality of the death penalty imposed on Mr Andan.

"...erbal confessions to...newsmen are not covered by Section 12 and of Article III of the Constitution. The Bill of Rights does not concern itself with the relation between a private individual and another individual. It governs the relationship between the individual and the State. The prohibitions therein are primarily addressed to the State and its agents.”[5].

To obtain a confession, the interrogator must “patiently maneuver himself or his quarry into position from which the desired objective may be attained.” When normal procedures fail to produce the needed result, the police may resort to deceptive stratagems such as giving false legal advise. It is important to keep the subject off balance by trading on his insecurity about himself or his surroundings.

obvious that such an interrogation environment is created for no purpose other than to subjugate the will of the individual to the will of his examiner.” [10] “the police to obtain confessions they cannot otherwise obtain through media reporters who are actually acting for the police.” In Mr Mas’s case. the arrest remains defective and cannot be cured by an admission. This syllogism is dangerous not only because it is

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