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UNDER
DOCTRINE
THE
MIRANDA
The
alleged
infringement
of
the
constitutional rights of the accused while
under custodial investigation is relevant
and material only to cases in which an
extrajudicial admission or confession
extracted from the accused becomes the
basis of his conviction. In the present
case, there is no such confession or
extrajudicial admission.
(2)
YES.
The
out-of-court
identification of herein accused-appellant
by complainants in the police station
appears
to
have
been
improperly
suggestive. Even before complainants had
the opportunity to view accused-appellant
face-to-face when he was brought out of
the detention cell to be presented to them
for identification, the police made an
announcement that he was one of the
suspects in the crime and that he was the
one pointed to by accused Ampatin as one
of culprits.