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People vs. Anacleto Q. Olvis 154 SCRA 513 [SEPARATE OPINIONS]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANACLETO Q. OLVIS, Acquitted, ROMULO VILLAROJO, LEONARDO CADEMAS and DOMINADOR SORELA, accused-appellants.

G.R. No. L-71092 | 1987-09-30

Separate Opinions

MELENCIO-HERRERA, J., concurring with reservations:

I concur on the ground that the extrajudicial confessions of the accused are inadmissible for having been uncounselled. But I have reservations regarding the generalization that re-enactments performed while suspects are under police custody should be considered as "forced." The effect of this pronouncement would be to tie the hands of investigating authorities unduly and make it extremely difficult for them to gather evidence to support a criminal charge. It should be up to the Courts to determine whether a re-enactment was voluntarily staged or not.