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De La Torre vs. CA

This case involved a petitioner who was convicted of theft for stealing electric meters while employed at MERALCO. During a police lineup, the petitioner was identified by a witness as the perpetrator. The petitioner argued the lineup was invalid as he did not have counsel present. The court held that the police lineup was not considered a custodial investigation that required counsel, as the petitioner was merely included in a lineup of 8 people and was not the focus of the investigation at that point. However, the court ultimately acquitted the petitioner due to insufficient evidence to rebut the presumption of innocence.

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Jelyn Delos Reyes Tagle
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593 views1 page

De La Torre vs. CA

This case involved a petitioner who was convicted of theft for stealing electric meters while employed at MERALCO. During a police lineup, the petitioner was identified by a witness as the perpetrator. The petitioner argued the lineup was invalid as he did not have counsel present. The court held that the police lineup was not considered a custodial investigation that required counsel, as the petitioner was merely included in a lineup of 8 people and was not the focus of the investigation at that point. However, the court ultimately acquitted the petitioner due to insufficient evidence to rebut the presumption of innocence.

Uploaded by

Jelyn Delos Reyes Tagle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DE LA TORRE vs. CA & PEOPLE OF THE PHILS.

Facts:
Petitioner was convicted of qualified theft for stealing 6 electric
meters being an employee of MERALCO. During the police line-up,
petitioner was duly recognized and pointed by the witness as the
perpetrator of the offense. Petitioner, however, assails the validity
of the conduct of the police line-up as he was alleging that there
was no counsel to assist him.

Issue: W/N police line-up can be considered as part of the custodial
investigation w/c requires the assistance of counsel?

Held: NO!
Petitioner, together w/ the other crewmembers of MERALCO truck
522, was merely included in a line-up of 8 persons from w/c he was
picked out as the leader of the group w/c has removed the electric
meters from the CAPASSCO premises. Until then, the police
investigation did not focus on the petitioner. Indeed, no questions
were put to him. Rather, the questions were directed to witnesses
of the complaint. There is, therefore, no basis for petitioners
allegations that his rights as a suspect in a custodial investigation
were violated.

However, the petitioner is acquitted as there was no sufficient
evidence adduced to rebut the presumption of his innocence.

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