Back

Magtoto vs. Manguera [DISSENTING OPINION, FERNANDO, 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

FERNANDO, J., dissenting: 

It is the difficulty, rather marked in my case, of reconciling the policy of the Constitution regarding the admissibility of confessions obtained during custodial interrogation, as set forth in language forthright and categorical, that precludes my yielding conformity to the conclusion reached by my brethren. Regretfully, with recognition and awareness of the plausibility from its basic approach that characterizes the lucid and exhaustive opinion of Justice Fernandez, I must dissent. My starting point is the recognition of the power of the Constitutional Convention to impose conditions that must be fulfilled...