Olaes v. People, 155 SCRA 486 (1987) F: Petitioners claim that the SW issued by resp.
judge was invalid. They also question the extrajudicial confession taken from them without according them the right to assistance of a
counsel. The articles seized by virtue of the SW consisting of dried marijuana were admitted as evidence for
violation of RA 6425 or Dangerous Drugs Act. RULING: While it is true that the caption of the SW states that it is in connection with "the violation of RA 6425," it is clearly recited in the text thereof that "there is probable cause to believe that Olaes of Olongapo City has in his possession and control, marijuana dried stalks which are suject of the offense stated above." Although the specific section of the law is not stated, there is no question at all that the specific offense alleged to have been committed as basis for determining probable cause is alleged. Furthermore, the SW specifically described the place to be searched and the things to be seized. As to the extrajudicial confessions of the accused, the same are deemed inadmissible against them. In People V. Galit, the Court declared that: " At the time the person is arrested, it shall be the duty of the arresting officer to inform him of the reason for the arrrest and he must be shown the warrant of arrest, if any; he shall be informed of his constitutional rights to remain silent and to counsel, and that any statement he might make could be used against him. The person arrested shall have the right to communicate with his lawyer, a relative, or anyone he chooses by the most expedient means - by telephone if possible - or by letter or messenger. It shall be the responsibility of the arresting officer to see to it that this is accomplished. No custodial investigation shall be conducted unless it be in the presence of counsel engaged by the person arrested, by any person on his behalf, or appointed by the court upon petition either of the detainee himself or by anyone on his behalf. The right to counsel may be waived but the wiaver shall not be valid unless made with the assistance of counsel. Any statement obtained in violation of the procedure herein laid down, whether exculpatory or inculpatory, in whole or in part, shall be inadmissible in evidence." These requirements were even made stricter under the 1987 Constitution which provides that the rights of a person under custodial investigation cannot be waived except when made in writing and in the presence of counsel.