FACTS:
Agustin was indicted for the crime of Rape with Homicide of a 12 year-old minor, AAA. Based on the post-mortem examination, the cause of the victim’s death is asphyxia by strangulation. There were also prominent injuries in the genitalia of AAA. Agustin was brought to the police station; the police officers requested Atty. Donato, Jr. to render assistance to Agustin who wants to give a confession relative to the commission of a crime. Atty. Donato, Jr. claimed that he was with Agustin during the entire time of the investigation and apprised Agustin of his rights. He also reminded Agustin that whatever statement he will give can be used against him. However, accused was insistent and later, he confessed to the rape and killing of AAA during the investigation. After thoroughly reading the printed copy of Agustin’s extrajudicial confession, he affixed his signature thereon to prove that he assisted the accused while the latter was giving his confession.
During the hearing, the prosecution offered as evidence the extrajudicial confession of Jaynard taken by PO3 Mora in the presence of and with the assistance of Atty. Luis Donato. It was stated therein the exactly the same narration of raping and killing of AAA. The extrajudicial confession bore the thumb mark purportedly of the said accused which was placed above the printed name “JAYNARD P. AGUSTIN.”