Case Digest (G.R. No. 102786)
Facts:
Alejandro B. de la Torre, a leadman of a MERALCO service crew, was charged on July 13, 1989 with Qualified Theft for the alleged removal on April 11, 1989 of six electric meters from the premises of Cathay Pacific Steel and Smelting Corporation in Quezon City, valued at P41,786.00. At investigation a witness, Danilo Garcia, identified de la Torre from a police line-up held July 4, 1989; trial ran from December 28, 1989 to February 1, 1990.The Regional Trial Court, Branch 92, convicted de la Torre on March 16, 1990 and ordered indemnity, and the Court of Appeals affirmed on June 18, 1991; de la Torre appealed to the Supreme Court.
Issues:
- Was there a violation of Art. III, 12(1) of the Constitution during the police line-up?
- Did the trial court err in admitting witness testimony without a formal offer under Rule 132, Section 35?
- Were hearsay certifications improperly considered without presenting their declarants?
- Was the uncorroborated testimony of Danilo Garcia suffici
Case Digest (G.R. No. 102786)
Facts:
- Background and alleged offense
- ALEJANDRO B. DE LA TORRE was a leadman of a five-man MERALCO service crew assigned to truck body number 522.
- On the afternoon of April 18, 1989, Alexander Manalo, an electrical engineer of Manila Electric Company (MERALCO), discovered that six electric meters installed at the premises of CATHAY PACIFIC STEEL AND SMELTING CORPORATION (CAPASSCO) on P. de la Cruz Street, San Bartolome, Novaliches, Quezon City, were missing.
- Manalo reported the loss to the MERALCO office in Ortigas Avenue, Pasig City, and on April 20, 1989 Manalo and Felino Olegario of MERALCO gave statements to the Northern Police District (NPD) regarding the missing meters.
- Patrolman Edgar Enopia investigated and, in the course of inquiries at the scene, obtained a statement from Danilo Garcia that at about 10:00 p.m. on April 11, 1989 he had seen four crewmembers in a MERALCO service truck number 522 removing the electric meters.
- Police action and identification
- Enopia asked MERALCO for the identities of the men allegedly in truck 522; MERALCO supplied the crewmembers assigned to that truck.
- On July 4, 1989 the crewmembers were taken to NPD headquarters and included in a line-up of eight persons. Garcia pointed to ALEJANDRO B. DE LA TORRE as the leader of the group that had removed the meters and did not identify the three other crewmembers.
- Information, charge, and trial court proceedings
- Assistant City Prosecutor Demetrio Macapagal filed an information on July 13, 1989 charging ALEJANDRO B. DE LA TORRE with Qualified Theft under Arts. 309 and 310 of the Revised Penal Code for the alleged taking of six specified electric meters valued in the aggregate at P41,786.00 belonging to MERALCO.
- The case was raffled to Branch 92, Regional Trial Court (RTC) of Quezon City, presided over by Judge Pacita Canizares-Nye.
- Trial was conducted from December 28, 1989 to February 1, 1990.
- In a decision dated March 16, 1990, the RTC convicted ALEJANDRO B. DE LA TORRE...(Subscriber-Only)
Issues:
- Constitutional and custodial rights issue
- Whether petitioner’s rights under Art. III, Sec. 12(1), 1987 Constitution — the right to be informed of the right to remain silent and to have counsel during custodial investigation — were violated when petitioner participated in the police line-up on July 4, 1989 without being informed of such rights.
- Procedural-admissibility issue under the Rules of Court
- Whether the trial court erred in admitting the testimonies of prosecution witnesses when their testimonies were not formally offered at the time required by Rule 132 of the Rules of Court (Section 35 as effective July 1, 1989).
- Hearsay and documentary evidence issue
- Whether the RTC improperly considered documentary certifications (Exhibits M, N, and P) containing factual statements without presenting their declarants for cross-examination, in violation of the h...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)