Lenido Lumanog, et al. Vs. People of the Philippines [ DISSENTING OPINION, ABAD, J. ]

LENIDO LUMANOG and AUGUSTO SANTOS, Petitioners, versus PEOPLE OF THE PHILIPPINES, Respondent

G.R. Nos. 182555 | 2010-09-07

Miranda rights (Miranda warning)

Inadmissibility of a police line-up identification, subsequent identification in court cured any flaw that may have attended it
Ballistic and fingerprint examination results not indispensable, especially if there is positive identification
Failure of accused to take the witness stand and testify; Silence of the accused, where a direct and specific accusation of crime is made, may be regarded as a quasi-confession
Alibi
Anti-Death Penalty Law
Death penalty
Rights of the accused
Custodial investigation
Rights of persons under custodial investigation
Custodial investigation, right to competent and independent counsel
Custodial investigation, lawyer should ascertain that the confession is made voluntarily and accused understands nature and consequences of confession
Right to counsel that is effective, vigilant and independent
Out of court identification
Out-of-court identification, totality of circumstances test
Out-of-court identification irregularity, cured by independent in-court identification
Eye-witness identification
Eye-witness identification, when identification erroneous even if method proper
Ballistic examination
Alibi cannot prevail over positive identification of the accused
Fingerprint tests
Custodial investigation includes the practice of issuing an invitation
Miranda rights
Judgment, judge who was not present during the trial can rely on the transcript of stenographic notes for his judgment
Judgment validity not impaired even if judge who promulgated the same did not preside during trial

DISSENTING OPINION

ABAD, J.:

I concur with Mr. Justice Antonio T. Carpio's powerful dissent. I would, however, add a few thoughts that deeply bothered me while pondering the question of whether or not to join the ponencia of Mr. Justice Martin Villarama, Jr. that affirms the lower courts' judgments of conviction against the accused.

The ponencia has to rely solely on the testimony of just one witness, Freddie Alejo, the private security guard who happened to be on the sidewalk of Katipunan Avenue in Quezon City when gunmen ambushed Col. Rolando Abadilla, former head of an intelligence and security unit of the defunct Philippine Constabulary,...