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  • De La Torre vs. CA

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    Jelyn Delos Reyes Tagle
    531 visualizzazioni1 pagina
    This case involved a petitioner who was convicted of theft for stealing electric meters while employed at MERALCO. During a police lineup, the petitioner was identified by a witness as the perpetrator. The petitioner argued the lineup was invalid as he did not have counsel present. The court held that the police lineup was not considered a custodial investigation that required counsel, as the petitioner was merely included in a lineup of 8 people and was not the focus of the investigation at that point. However, the court ultimately acquitted the petitioner due to insufficient evidence to rebut the presumption of innocence.

    Descrizione originale:

    Consti 2 Case Digest

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    This case involved a petitioner who was convicted of theft for stealing electric meters while employed at MERALCO. During a police lineup, the petitioner was identified by a witness as the perpetrator. The petitioner argued the lineup was invalid as he did not have counsel present. The court held that the police lineup was not considered a custodial investigation that required counsel, as the petitioner was merely included in a lineup of 8 people and was not the focus of the investigation at that point. However, the court ultimately acquitted the petitioner due to insufficient evidence to rebut the presumption of innocence.

    Copyright:

    © All Rights Reserved
    Scarica in formato DOCX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    531 visualizzazioni1 pagina

    De La Torre vs. CA

    Caricato da

    Jelyn Delos Reyes Tagle
    This case involved a petitioner who was convicted of theft for stealing electric meters while employed at MERALCO. During a police lineup, the petitioner was identified by a witness as the perpetrator. The petitioner argued the lineup was invalid as he did not have counsel present. The court held that the police lineup was not considered a custodial investigation that required counsel, as the petitioner was merely included in a lineup of 8 people and was not the focus of the investigation at that point. However, the court ultimately acquitted the petitioner due to insufficient evidence to rebut the presumption of innocence.

    Copyright:

    © All Rights Reserved
    Scarica in formato DOCX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    di 1

    DE LA TORRE vs. CA & PEOPLE OF THE PHILS.

    Facts:
    Petitioner was convicted of qualified theft for stealing 6 electric
    meters being an employee of MERALCO. During the police line-up,
    petitioner was duly recognized and pointed by the witness as the
    perpetrator of the offense. Petitioner, however, assails the validity
    of the conduct of the police line-up as he was alleging that there
    was no counsel to assist him.

    Issue: W/N police line-up can be considered as part of the custodial
    investigation w/c requires the assistance of counsel?

    Held: NO!
    Petitioner, together w/ the other crewmembers of MERALCO truck
    522, was merely included in a line-up of 8 persons from w/c he was
    picked out as the leader of the group w/c has removed the electric
    meters from the CAPASSCO premises. Until then, the police
    investigation did not focus on the petitioner. Indeed, no questions
    were put to him. Rather, the questions were directed to witnesses
    of the complaint. There is, therefore, no basis for petitioners
    allegations that his rights as a suspect in a custodial investigation
    were violated.

    However, the petitioner is acquitted as there was no sufficient
    evidence adduced to rebut the presumption of his innocence.

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