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    13 People V Concepcion

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    cris
    The document summarizes a Supreme Court case regarding the rights of the accused under investigation. It describes a buy-bust operation where appellants Alfredo and Henry Concepcion were arrested for selling drugs. The trial court convicted them but they appealed. The Supreme Court upheld the conviction, finding that the arresting officers were performing their duties properly and that the appellants failed to present evidence that their constitutional rights were violated upon arrest. The Court also ruled that any issues regarding their rights upon arrest should have been raised earlier in the legal process, not after a full trial and conviction.

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    13 People V Concepcion

    Uploaded by

    cris
    34 views2 pages
    The document summarizes a Supreme Court case regarding the rights of the accused under investigation. It describes a buy-bust operation where appellants Alfredo and Henry Concepcion were arrested for selling drugs. The trial court convicted them but they appealed. The Supreme Court upheld the conviction, finding that the arresting officers were performing their duties properly and that the appellants failed to present evidence that their constitutional rights were violated upon arrest. The Court also ruled that any issues regarding their rights upon arrest should have been raised earlier in the legal process, not after a full trial and conviction.

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    human rights

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    13 People v Concepcion

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    The document summarizes a Supreme Court case regarding the rights of the accused under investigation. It describes a buy-bust operation where appellants Alfredo and Henry Concepcion were arrested for selling drugs. The trial court convicted them but they appealed. The Supreme Court upheld the conviction, finding that the arresting officers were performing their duties properly and that the appellants failed to present evidence that their constitutional rights were violated upon arrest. The Court also ruled that any issues regarding their rights upon arrest should have been raised earlier in the legal process, not after a full trial and conviction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views2 pages

    13 People V Concepcion

    Uploaded by

    cris
    The document summarizes a Supreme Court case regarding the rights of the accused under investigation. It describes a buy-bust operation where appellants Alfredo and Henry Concepcion were arrested for selling drugs. The trial court convicted them but they appealed. The Supreme Court upheld the conviction, finding that the arresting officers were performing their duties properly and that the appellants failed to present evidence that their constitutional rights were violated upon arrest. The Court also ruled that any issues regarding their rights upon arrest should have been raised earlier in the legal process, not after a full trial and conviction.

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    Rights of the Accused Under Investigation

    People of the Philippines vs Alfredo Concepcion and Henry Concepcion


    GR No. 178876; 27 June 2008
    Ponente: Chico-Nazario, J
    Facts:
    A confidential informant reported to SPO Lopez at PDEA that an alias Totoy
    was engaged in selling drugs, particularly shabu, in Barangay Guyong,
    Bulacan.
    SPO1 Lopez instructed the confidential agent to set a drug deal and order 10
    grams of shabu. A buy-bust operation was planned and a team formed.
    After receiving the 2 plastic packs, PO2 Sistemio lit a cigarette to signal the
    members of the buy-bust team to approach and arrest the culprits. PO2
    Arojado was ordered to search the vans glove compartment where he found
    a medium-sized plastic sachet.
    Appellants and dela Cruz were apprehended and brought to PDEA office.
    After the prosecution formally offered its evidence, appellants and dela cruz,
    with leave of court, filed their respective demurrers to evidence, which trial
    court denied for lack of merit.
    RTC convicted Concepcion brothers of violation of Section 5, Article II of RA
    9165, Comprehensive Dangerous Drugs Act of 2002, and acquitted dela Cruz.
    Concepcion brothers filed a Notice of Appeal. The Court of appeals, affirmed
    the conviction of appellants by the trial court.
    Concepcion brothers filed a Notice of Appeal with manifestation terminating
    the legal services of their private counsel and praying that they be
    represented by the PAO.
    Issue:
    W/N the trial court violated the presumption of innocence and constitutional
    rights of the accused
    Held:
    No
    Ruling:
    Appellants contention that they were not apprised of their constitutional
    rights upon their arrest cannot lead to their acquittal.
    The arresting officers alleged failure to inform them of their Miranda rights or
    the nature of their arrest should have been raised before arraignment. It is too late
    in the day for appellants to raise these alleged illegalities after a valid information
    has been filed, the accused arraigned, trial commenced and completed, and a
    judgment of conviction rendered.
    In this jurisdiction, the conduct of a buy-bust operation is a common and
    accepted mode of apprehending those involved in the illegal sale of prohibited or
    regulated drugs. It has been proven to be an effective way of unveiling the identities
    of drug dealers and of luring them out of obscurity. Unless there is clear and
    convincing evidence that the members of the buy-bust team were inspired by any
    improper motive or were not properly performing their duty, their testimonies on
    the operation deserve full faith and credit.
    The Court upholds the presumption of regularity in the performance of official
    duties. The presumption remains because the defense failed to present clear and
    convincing evidence that the police officers did not properly perform their duty or
    that they were inspired by an improper motive. The presumption was not overcome
    Rights of the Accused Under Investigation

    as there was no evidence showing that PO2 Sistemio and PO2 Arojado were
    impelled by improper motive.

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