GAMBOA VS.

CRUZ [162 SCRA 642;L-56291; 27 JUN 1988] FACTS: Petitioner was arrested for vagrancy without a warrant. During a line-up of 5 detainees including petitioner, he was identified by a complainant to be a companion in a robbery, thereafter he was charged. Petitioner filed a Motion to Acquit on the ground that the conduct of the line-up, without notice and in the absence of his counsel violated his constitutional rights to counsel and to due process. The court denied said motion. Hearing was set, hence the petition. ISSUE: Whether or Not petitioners right to counsel and due process violated. HELD: No. The police line-up was not part of the custodial inquest, hence, petitioner was not yet entitled, at such stage, to counsel. He had not been held yet to answer for a criminal offense. The moment there is a move or even an urge of said investigators to elicit admissions or confessions or even plain information which may appear innocent or innocuous at the time, from said suspect, he should then and there be assisted by counsel, unless he waives the right, but the waiver shall be made in writing and in the presence of counsel. On the right to due process, petitioner was not, in any way, deprived of this substantive and constitutional right, as he was duly represented by a counsel. He was accorded all the opportunities to be heard and to present evidence to substantiate his defense; only that he chose not to, and instead opted to file a Motion to Acquit after the prosecution had rested its case. What due process abhors is the absolute lack of opportunity to be heard. http://cofferette.blogspot.com/2009/02/gamboa-vs-cruz-162-scra-642l-56291-27.html

PEOPLE v. HASSAN [157 SCRA 261 (1988)] Facts: Usman Hassan, 15 yrs. Old of Samal Tribe in Zambo City was convicted of murder of Pichel. Pichel was stabbed to death at fruit paradise while sitting at his red honda motorcycle, waiting for friend Jose Samson who was buying fruits. Issue: WON conviction is valid Held: No. Conviction reversed. Acquitted. The Medico Legal found two stab wounds from front but the Samson claimed that Pichel was stabbed once from behind. Procedure followed was also improper. The accused was presented to the witness alone and in confrontation, not police line up. He was also denied right to counsel, particularly when identification took placethis qualifies for uncounselled confession. The witness was also questioned 2 days after incident and sworn 4 days after. The fruit vendor as well as the companion of the accused was not investigated. In fact, they did not pursue other suspect. Also, the knife was not tested. Further notable are the facts that the age of the accused was observed without medical basis, that the accused did not run away and that he had no motive, which, in People vs. Verzo was considered important when there is doubt in the identity of culprit and reiterated in People vs. Pervelo which stated that identification is tenuous. http://www.scribd.com/doc/4664464/Consolidated-Digests

PEOPLE VS CONTINENTE G.R. Nos. 100801-02; August 25, 2000 FACTS: The Decision dated February 27, 1991 of the Regional Trial Court of Quezon City, Branch 88, in Criminal Cases Nos. 89-4843 and 89-4844 finding herein appellants guilty beyond reasonable doubt of the crimes of murder and frustrated murder, respectively for the killing of U.S. Col. James N. Rowe and for seriously wounding Joaquin Vinuya. It appears that appellant Donato Continente and several others were initially charged with the crimes of murder and frustrated murder in two (2) separate Informations dated June 20, 1989 in connection with the shooting incident on April 21, 1989 at the corner of Tomas Morato Street and Timog Avenue in Quezon City which caused the death of U.S. Col. James N. Rowe while seriously wounding his driver, Joaquin Vinuya. After the arrest of another suspect, Juanito Itaas, on August 27, 1989 in Davao City, the prosecution, with prior leave of court, filed two (2) separate amended Informations for murder and frustrated murder to include Juanito T. Itaas, among the other accused. ISSUE: Whether accused-appellants are guilty beyond reasonable doubt of the two amended separate informations for murder and frustrated murder? HELD: Yes. With respect to the extra-judicial confession executed by accused Itaas, the Court finds that such was made pursuant to the Constitution. Although it may be argued that accused resides in Davao, the fact that he could understand Tagalog as admitted by him in his testimony and proven by the proceedings in court where he was answering questions addressed to him in Tagalog militates against his inability to comprehend his right and its subsequent waiver. Counsel for accused contests the independence and competence of Atty. Filemon Corpuz on the ground that said lawyer was a military lawyer. Although the military background of Atty. Corpuz is admitted, this does not automatically disqualify him to act as lawyer for the accused. Proof of the fact that he failed to render his duty to safeguard the rights of the accused must be shown before this court nullifies the weight of Itaas' extra-judicial confession. The allegation of torture similarly rings hollow. No medical certificate had been shown by the accused that he had indeed suffered brutal treatment from his jailers specially since he had alleged to have been treated by a doctor for his injuries." The following are the appealed Decision of the Regional Trial Court. In Criminal Case No. Q-89-4843, appellants Juanito Itaas and Donato Continente are found GUILTY beyond reasonable doubt of the crime of murder, as principal and as accomplice, respectively. Appellant Itaas, as principal, is hereby sentenced to suffer imprisonment of reclusion perpetua. Appellant Continente as accomplice, is hereby sentenced to suffer imprisonment for twelve (12) years of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum. Both appellants Itaas and Continente are ORDERED to pay jointly and severally the amount of P50,000.00 to the heirs of the victim, Col. James Rowe, by way of civil indemnity. In Criminal Case No. Q-89-4844, appellants Juanito Itaas and Donato Continente are found GUILTY beyond reasonable doubt of the crime of attempted murder, as principal and as accomplice, respectively. Appellant Itaas, as principal, is hereby sentenced to suffer imprisonment for six (6) years of prision correccional, as minimum, to nine (9) years and six (6) months of prision mayor, as maximum. Appellant Continente, as accomplice, is hereby sentenced to suffer imprisonment of six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum. http://cbclawmatters.blogspot.com/2010/02/people-vs-continente.html

PEOPLE VS. BOLANOS [211 SCRA 262; G.R. NO. 101808; 3 JUL 1992] FACTS: Oscar Pagdalian was murdered in Marble Supply, Balagtas Bulacan. According to Pat. Rolando Alcantara and Francisco Dayao, deceased was with two companions on the previous night, one of whom the accused who had a drinking spree with the deceased. When they apprehended the accused they found the firearm of the deceased on the chair where the accused was allegedly seated. They boarded accused along with Magtibay, other accused on the police vehicle and brought them to the police station. While in the vehicle Bolanos admitted that he killed the deceased. RTC convicted him hence the appeal.

ISSUE: Whether

or

Not

accused-appellant

deprived

of

his

constitutional

right

to

counsel.

HELD: Yes. Being already under custodial investigation while onboard the police patrol jeep on the way to the Police Station where formal investigation may have been conducted, appellant should have been informed of his Constitutional rights under Article III, Section 12 of the 1987 Constitution, more particularly par. 1 and par. 3. http://cofferette.blogspot.com/2009/02/people-vs-bolanos-211-scra-262-gr-no.html

HORACIO MORALES JR VS MINISTER OF DEFENSE JUAN PONCE ENRILE ET AL Habeas Corpus The Right to Bail FACTS: In April 1982, Morales and some others were arrested while driving a motor vehicle in Laong-Laan St, QC. They were charged in CFI Rizal for rebellion punishable under the RPC. Morales alleged that they were arrested without any warrant of arrest; that their constitutional rights were violated, among them the right to counsel, the right to remain silent, the right to a speedy and public trial, and the right to bail. Respondents countered that the group of Morales were already under surveillance for some time before they were arrested and that the warrantless arrest done is valid and at the same time the privilege of the writ of habeas corpus was already suspended. ISSUE: Whether or not Morales et al can post bail. HELD: Normally, rebellion being a non-capital offense is bailable. But because the privilege of the writ of habeas corpus remains suspended with respect to persons at present detained as well as other who may hereafter be similarly detained for the crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit such crimes, and for all other crimes and offenses committed by them in furtherance of or on the occasion thereof, or incident thereto, or in connection therewith, the natural consequence is that the right to bail for the commission of anyone of the said offenses is also suspended. To hold otherwise would defeat the very purpose of the suspension. Therefore, where the offense for which the detainee was arrested is anyone of the said offenses he has no right to bail even after the charges are filed in court. The crimes of rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance thereof or in connection therewith constitute direct attacks on the life of the State. Just as an individual has right to self-defense when his life is endangered, so does the State. The suspension of the privilege of the writ is to enable the State to hold in preventive imprisonment pending investigation and trial those persons who plot against it and commit acts that endanger the States very existence. For this measure of self-defense to be effective, the right to bail must also be deemed suspended with respect to these offenses. However, there is a difference between preventive and punitive imprisonment. Where the filing of charges in court or the trial of such charges already filed becomes protracted without any justifiable reason, the detention becomes punitive in character and the detainee regains his right to freedom. Quite notable in this case however is that the 2nd division of the SC reiterated the Lansang Doctrine as opposed to what they ruled in the Garcia-Padilla Case.

http://www.uberdigests.info/2010/11/horacio-morales-jr-vs-minister-of-defense-juan-ponce-enrile-etal/