Showing posts with label criminal due process. Show all posts
Showing posts with label criminal due process. Show all posts

People v Dy 158 SCRA 111 (1988)

Facts: Accused is the owner of Benny’s Bar at Boracay Island and was sentenced with murder before the trial court for shooting a Swiss national in his bar. The accused contends the court erred in admitting the presentation of the prosecution of evidence that he came to a police officer and made a confession on the crime and informed said officer where to find the gun he used, a statement the accused denied to have done. They assail its admissibility to the court on the grounds that such statement was not made in writing and is in violation of the due process required in custodial investigation.

People v Alicando GR No. 117487 (December 2, 1995)

Facts: Accused was convicted with a crime of rape with homicide of a 4 year old girl. He was arrested and during the interrogation he made a confession of the crime without the assistance of a counsel. By virtue of his uncounseled confession the police came to know where to find the evidences consisting of the victim’s personal things like clothes stained with blood which was admitted to court as evidences. The victim pleaded guilty during the arraignment and was convicted with the death penalty. The case was forwarded to the SC for automatic review.

Galman v Sandiganbayan 144 SCRA 392 (1986)

Facts: An investigating committee was created to determine the facts on the case involving the assassination of Ninoy Aquino. It appears that majority and minority reports showed that they are unconvinced on the participation of Galman as the assassin of late Sen. Aquino and branded him instead as the fall guy as opposed to the military reports. Majority reports recommended the 26 military respondents as indictable for the premeditated killing of Aquino and Galman which the Sandiganbayan did not give due consideration.

The office of the Tanod Bayan was originally preparing a resolution charging the 26 military accused as principal to the crime against Aquino but was recalled upon the intervention of President Marcos who insist on the innocence of the accused. Marcos however recommended the filing of murder charge and to implement the acquittal as planned so that double jeopardy may be invoked later on.

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