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Magtoto vs. Manguera [DISSENTING OPINION, CASTRO, 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

CASTRO, J., dissenting:

The burden of this dissent is my considered view that the particular provision of Section 20 of Article IV of the 1973 Constitution which invalidates a confession obtained during custodial interrogation from a detained person who at such interrogation was not afforded the assistance of counsel, should operate retrospectively as of June 15, 1954 when Republic Act 1083 introduced the second paragraph of article 125 of the Revised Penal Code recognizing the right of a detained person to counsel in any custodial inquest. I am thus distressed by, and consequently am in sharp disagreement with, the following doctrines...