Kevin J.

Bulotano
ALS 1B
Constitutional Law II One line digests

Manuel v NC Construction - Custodial investigation is the stage where the police
investigation is no longer a general inquiry into an unsolved crime but has begun to
focus on a particular suspect who had been taken into custody by the police to carry
out a process of interrogation that lends itself to elicit incriminating statements.

People v De Jesus An interview with the arrested suspect is not a general inquiry
but a custodial investigation.

People v Gallardo An effective counsel is one who does not prevent an accused
from freely and voluntarily telling the truth.

People v Cajara - Neither can the accused be convicted of qualified rape on the basis
of the circumstance that the rape was committed in full view of the relatives of the
victim within the third degree of consanguinity because this qualifying circumstance
was not pleaded in the Information or in the Complaint against the accused; thus, it
is fundamental that every element of the offense must be alleged in the complaint or
information.

People v Capitle An extrajudicial confession is admissible if it is (1) voluntary; (2)
made with the assistance of a competent and independent counsel; (3) express; and
(4) in writing.

Manuel v NC Construction An administrative investigation is a type of
investigation conducted by the employer and is not considered a criminal
investigation since it is not done by police officers; hence the information elicited
from this type of investigation is admissible in court.

People v Gallarde - The taking of pictures of an accused without the assistance of his
counsel is not a violation of his right against self-incrimination because the right
only protects testimonial compulsion against the accused or that of the giving of
evidence against himself through a testimonial act.

People v Baloloy An extrajudicial confession made without the advice and
assistance of counsel and hence inadmissible in evidence could be treated as a
verbal admission of the accused that could be established through the testimonies of
the persons who heard it or who conducted the investigation of the accused.

People v Rio - The right to a counsel does not only involve the act of the Court to
inform the accused of such right and whether he desires such aid or not, the Court
should assign one counsel de oficio for him if he desires yet he is poor or allow him
to procure an attorney of his own within a reasonable time; such right should not
cease upon the conviction of an accused by a trial court.

Villanueva v People - A member of the Bar can represent the petitioner without
violating his constitutional right to counsel.

People v Acosta - It is a violation of the right to be informed if an accused is
convicted of qualified rape which the elements and circumstances were not brought
upon and informed to him because he was arraigned of a different crime of simple
rape.

People v Orbita - The right to be informed includes the right to be informed clearly
of how the decision has been reached by the court; a person charged with rape
under the first paragraph of Article 335 of the Revised Penal Code, they can be
convicted of the second and third paragraph of the same article even if the
information did not include the victims mental status.


People v Aguinaldo - The qualifying circumstances introduced in RA 7659 must be
included in the information for rape in order for it to properly qualify the crime and
justify the penalty prescribed by the law because it would be invalid to convict the
accused of a qualified crime without such qualifications included in the preliminary
charges against the accused.

People v Villaraza - The special qualifying circumstances of the victims minority and
her relationship to the offender must be both alleged and proved in order to
warrant the imposition of the capital punishment of death.

People v Guiwan - A person cannot be convicted of five (5) counts of rape committed
on other dates if the information against him if the charge against him only consists
of one rape.

Torres v People A finding by the trial court affirmed by the appellate court shall be
conclusive with the Supreme Court unless shown that the trial court had
disregarded or overlooked some fact or circumstance.

Almendra v Asis An impartial judge is one who acts in bad faith, malice, revenge or
other similar motive with regards to him arriving to a decision.

People v Cawaling The requisites for double jeopardy are: (1) a first jeopardy has
attached before another one; (2) the first jeopardy has been validly terminated; and
(3) a second jeopardy is for the same offense as that in the first while the first
jeopardy attaches only (a) after a valid indictment; (b) it was filed before a
competent court; (c) after arraignment; (d) valid plea has been filed; and (e) when
the charged individual was acquitted or convicted, or the case was dismissed.

People v Romero - No violation of the right against double jeopardy even if the trial
court approves the prosecutions motion to re-open the case after its earlier
approval of the accuseds plea to the lesser offense of homicide where it has yet to
render a decision.

People v Logan - Offenders who have committed illegal recruitment may be charged
and convicted separately of the crime of illegal recruitment under the Labor Code
and estafa under paragraph 2(a) of Article 315 of the Revised Penal Code.