Admission in Preliminary Examination

In People v. Sunga, we held that “the right to counsel applies in certain pretrial proceedings that can be deemed ‘critical stages’ in the criminal process. The preliminary investigation can be no different from the in-custody interrogations by the police, for a suspect who takes part in a preliminary investigation will be subjected to no less than the State's processes, oftentimes intimidating and relentless, of pursuing those who might be liable for criminal prosecution.” In said case, Sunga made an uncounselled admission before the police. He later acknowledged the same admission before the judge in a preliminary investigation. Sunga was thrust into the preliminary investigation and while he did have a counsel, for the latter’s lack of vigilance and commitment to Sunga’s rights, he was virtually denied his right to counsel. Thus, the uncounselled admission was held inadmissible. In the instant case, the extrajudicial confession is inadmissible against Bokingco because he was not assisted at all by counsel during the time his confession was taken before a judge (People of the Philippines Vs. Michael Bokingo and Reynante Col, G.R. No. 187536. August 10, 2011)