Disregard rights of arrestee; unlawful arrest; custodial investigation

After his unlawful arrest, Melvida underwent custodial investigation. The custodial investigation commenced when the police pinpointed Melvida as one of the authors of the crime or had focused on him as a suspect thereof. This brought into operation on him as a suspect thereof. This brought into operation paragraph (1) of section 12, Article III of the Constitution guaranteeing the accused's rights to remain silent and to counsel, and his right to be informed of these rights. There was no showing that Melvida was ever informed of these rights, and Luna admitted that Melvida was not assisted by counsel during the investigation. Indisputably, the police officers concerned flouted these constitutional rights of Melvida and Tumangan and deliberately disregarded the rule regarding an investigator's duties prior to and during custodial interrogation laid down in Morales vs. Enrile and reiterated in a catena of subsequent cases. [G.R. No. 117397. November 13, 1996]