BVR CONSULTING INC
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


People vs. Luvendino, 211 SCRA 36 (1992)

1/9/2021

0 Comments

 
People vs. Luvendino, 211 SCRA 36 (1992) 

 
FACTS:
 
On the morning of 17 January 1983, 18-year old Rowena Capcap left her home at Deva Village, Tambak, Taguig, Metro Manila to attend classes at the University of Manila where she was a sophomore commerce student. She would usually be home by 7:30 to 8:00 on school evenings, 1 but on that tragic day, she would not reach home alive. On that particular evening, her father Panfilo Capcap arriving home from work at around 7:30 p.m., noted her absence and was told by his wife and other children that Rowena was not yet home from school. Later, a younger brother of Rowena, sent on an errand, arrived home carrying Rowena’s bag which he had found dropped in the middle of a street in the village. Panfilo Capcap lost no time in seeking the help. The search ended in a grassy vacant lot within the Deva Village Subdivision, only about 70 to 80 meters from the Capcap residence, where lay the apparently lifeless body of Rowena, that the presence of spermatozoa showed that the victim had sexual intercourse prior to death; and that death was due to asphyxia by mutual strangulation. By 5 March 1984, an information had been filed in the trial court charging Ernesto C. Luvendino, Cesar Borca alias “Cesar Putol” and Ricardo de Guzman alias “Ric” with the crime of rape with murder. The trial court rendered a decision finding Luvendino guilty, sentencing him to death, requiring him to indemnify the heirs of the victim Rowena in the amount of P50,000.00 for the damages suffered as a result of her death. Appellant Luvendino contends that the trial court committed grievous error.
 
ISSUE: 
Whether or not the re-enactment of the accused of a crime he was charged of, without the presence of an independent and competent counsel, can be admitted as evidence in the court.
 
RULING:
The trial court took into account the testimony given by Panfilo Capcap on what had occurred during the re-enactment of the crime by Luvendino. The re-enactment was apparently staged promptly upon apprehension of Luvendino and even prior to his formal investigation at the police station. The decision of the trial court found that the accused was informed of his constitutional rights "before he was investigated by Sgt. Galang in the police headquarters" and cited the "Salaysay" of appellant Luvendino. The decision itself, however, states that the re-enactment took place before Luvendino was brought to the police station. Thus, it is not clear from the record that before the re-enactment was staged by Luvendino, he had been informed of his constitutional rights including, specifically, his right to counsel and that he had waived such right before proceeding with the demonstration. Under these circumstances, the Court must decline to uphold the admissibility of evidence relating to that re-enactment. 

0 Comments



Leave a Reply.

    Archives

    September 2024
    August 2024
    May 2024
    December 2023
    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION