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People vs. Pepino & Gomez [DISSENTING OPINION,LEONEN, J.]

PEOPLE OF THE PHILIPPINES, PETITIONER, VS. JERRY PEPINO Y RUERAS AND PRECIOSA GOMEZ Y CAMPOS, RESPONDENTS.

G.R. No. 174471 | 2016-01-12

 
DISSENTING OPINION


LEONEN, J.:

Due to reasonable doubt, I vote for the acquittal of Preciosa Gomez y Campos (Gomez).

Premature media exposure of suspected criminals affects the integrity of the identification made by a witness. Law enforcers fail to prevent undue influence and suggestion when they present suspects to the media before the actual identification by a witness. An irregular out-of-court identification taints any subsequent identification made in court.

Two men and a woman forcibly took the victim, Edward Tan (Edward), from his workplace at Kilton Motors in Paranaque City on June 28, 1997.[1] One of Edward's kidnappers,...