People v Hassan; G.R. No. L-68969; 22 Jan 1988; 157 SCRA 261

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Accused-appellant, an illiterate 15-year-old pushcart cargador, was accused of murder. During the investigation of the case, the investigating officer brought Hassan to the sole eyewitness for identification. Accused-appellant was later convicted of murder based on the testimony of said eyewitness.

Whether or not the rights of the accused was violated.

YES. The accused-appellant was presented alone – not in a police lineup – and unaccompanied by a counsel to the eyewitness, in the funeral parlor, and in the presence of the grieving relatives of the victim. Such procedure is as tainted as an uncounselled confession and thus falls within the same ambit of the constitutionally entrenched protection.

Decision is REVERSED and accused Hassan is ACQUITTED.

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