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Magtoto vs. Manguera [DISSENTING OPINION, TEEHANKEE, J.]

CLEMENTE MAGTOTO, petitioner, vs. HON. MIGUEL M. MANGUERA, Judge of the Court of First Instance (Branch II) of Occidental Mindoro, The PEOPLE OF THE PHILIPPINES, IGNACIO CALARA, JR., and LOURDES CALARA, respondents./MAXIMO SIMEON, LOUIS MEDNATT, INOCENTES

G.R. No. L-37201 | 1975-03-03

TEEHANKEE, J., dissenting: 

I am constrained to dissent from the valedictory main opinion of Mr. Justice Estanislao A. Fernandez ruling that confessions obtained during custodial interrogation from a detained person without the assistance of counsel before the effectivity of the 1973 Constitution on January 17, 1973 1 are admissible in evidence against the accused at his trial although he had not been duly informed of his right to remain silent and to counsel. Such ruling, to my mind, is in violation of the plain and unqualified mandate of the Constitution that such confessions are invalid and inadmissible in evidence. 

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