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People vs. Nerio Suela

PEOPLE OF THE PHILIPPINES, appellee, vs. NERIO SUELA y HEMBRA, EDGAR SUELA y HEMBRA and EDGARDO BATOCAN, appellants.

G.R. Nos. 133570-71 | 2002-01-15

D E C I S I O N

PANGANIBAN, J.:

In this Decision, the Court visits and applies existing jurisprudence on the right to competent and independent counsel of persons under custodial investigation. It also reiterates the long-standing judicial policy that procedural laws which are favorable to the accused shall be given retroactive effect. Inasmuch as the aggravating circumstance of disguise was not alleged in the Information, it cannot now be appreciated to increase the penalty to death, notwithstanding the fact that the new rule requiring such allegation was promulgated only after the crime was committed and after the trial court had already...