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Sampaga vs. People [SEPARATE OPINION, CONCURRING, PADILLA, J.]

ANGEL SAMPAGA Y DELOS REYES, petitioner, vs. PEOPLE OF THE PHILIPPINES and THE COURT OF APPEALS, respondents.

G.R. No. 62305 | 1992-11-23

SEPARATE CONCURRING OPINION
 
PADILLA J.:
 
In the Court's decision penned by Mr. Justice Nocon, petitioner Angel Sampaga is acquitted of the crime charged as his extra-judicial statements were taken without the presence of counsel, applying the ruling in People vs. Dacoycoy, et al. (G.R. No. 71662, May 8, 1992). In said case, this Court held that:
 
"x x x, even before the effectivity of the 1987 Charter, the need of assistance of counsel as a pre-requisite for according validity and effect to a waiver of rights in custodial investigation laid down by the 1973 Constitution, was already existent. Since appellant...