Constitutional Law, Criminal Law

People vs. Concepcion G.R. No. 178876 June 27, 2008 Constitutional Rights of the Accused, Custodial Investigation



On appeal before Us is the Decision of the CA which affirmed in toto the decision of the RTC, convicting accused-appellants Alfredo Concepcion Clemente and Henry Concepcion Clemente of Violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. They were charged for wilfully, unlawfully and feloniously sell, trade, deliver, give away, dispatch in transit and transport dangerous drugs consisting of three (3) heat-sealed transparent plastic sachets weighing 5.080 grams, 4.446 grams and 4.362 grams, respectively.


When must the accused raised the matter that his constitutional rights have been violated during custodial investigation?


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.

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