People v Linsangan; G.R. No. 88589; 16 Apr 1991; 195 SCRA 784

FACTS:
Appellant was charged with the illegal sale of a prohibited drug. After he was apprehended in a buy-bust operation, he was frisked and retrieved from him were the marked money used during the operation which he was asked to sign. He was convicted and sentenced to life imprisonment.

ISSUE(S):
Whether or not his rights to counsel, to remain silent and not to incriminate himself were violated while under custodial investigation.

RULING:
NO. Although he was not assisted by counsel when he initialed the P10-bills that the police found tucked in his waist, his right against self-incrimination was not violated for his possession of the marked bills did not constitute a crime; the subject of the prosecution was his act of selling marijuana cigarettes

Appeal is DISMISSED for lack of merit.

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Category: Legal Chyme

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