CRIMINAL PROCEDURE | PEOPLE V. LARA, G.R. NO. 199877, 13 AUGUST 2012

PEOPLE V. LARA,

G.R. NO. 199877, 13 AUGUST 2012,

 

TOPIC/DOCTRINE

The right to counsel is deemed to have arisen at the precise moment custodial investigation begins and being made to stand in a police line-up is not the starting point or a part of custodial investigation. Further, jurisdiction over the person of the accused may be acquired through compulsory process such as a warrant of arrest or through his voluntary appearance, such as when he surrenders to the police or to the court. Any objection to the arrest or acquisition of jurisdiction over the person of the accused must be made before he enters his plea, otherwise the objection is deemed waived.

 

FACTS

On appeal, Lara pointed out several errors that supposedly attended his conviction. First, that he was arrested without a warrant under circumstances that do not justify a warrantless arrest rendered void all proceedings including those that led to his conviction. Second, he was not assisted by counsel when the police placed him in a line-up to be identified by the witnesses for the prosecution in violation of Section 12, Article III of the Constitution. The police line-up is part of custodial investigation and his right to counsel had already attached.

 

ISSUE

Whether the identification made by Sumulong, Atie and Manacob in the police line-up is inadmissible because Lara stood therein without the assistance of counsel;

Whether Lara’s supposedly illegal arrest may be raised for the first time on appeal for the purpose of nullifying his conviction;

 

RULING

No in all instances.

The court ruled that the right to counsel is deemed to have arisen at the precise moment custodial investigation begins and being made to stand in a police line-up is not the starting point or a part of custodial investigation. Further, jurisdiction over the person of the accused may be acquired through compulsory process such as a warrant of arrest or through his voluntary appearance, such as when he surrenders to the police or to the court. Any objection to the arrest or acquisition of jurisdiction over the person of the accused must be made before he enters his plea, otherwise the objection is deemed waived.







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