2. Custodial Investigation Rights (RA 7438)

Presumption of regularity in custodial investigation

The presumption of regularity of official acts does not apply during in-custody investigation, it is incumbent upon the prosecution to prove during the trial that prior to questioning, the confessant was warned of his constitutionally-protected rights. Trial courts should further keep in mind that even if the confession of the accused is gospel truth, if it was made without the assistance of counsel, it is inadmissible in evidence regardless of the absence of coercion or even if it had been voluntarily given. (Riano, 75 citing People v. Camat, G.R. No. 112262, 1996)