This case has been cited 4 times or more.
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2009-09-04 |
CARPIO MORALES, J. |
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| Prefatorily, the Court finds in order the appellate court's observation that it is too late for petitioner to question the legality of his arrest in view of his having already entered his plea upon arraignment and participated at the trial. Having failed to move to quash the information on that ground before the trial court,[18] and having submitted himself to the jurisdiction of the trial court, any supposed defect in his arrest was deemed waived. For the legality of an arrest affects only the jurisdiction of the court over his person.[19] | |||||
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2009-02-12 |
BRION, J. |
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| Granting arguendo that the out-of-court identification was irregular as the appellants claim, this identification did not foreclose the admissibility of Rudy's independent in-court identification.[40] It must be stressed that in convicting the appellants for the crime charged, the courts a quo did not rely solely on Rudy's identification at the city jail or on an in- court identification based on the city jail identification. Rudy's November 27, 1995 court testimony clearly shows that he positively identified Samuel and Rizaldy independently of the previous identification he made at the city jail. His testimony, including his identification of the appellants, was positive, straightforward, and categorical. In People v. Timon[41] where the appellants likewise questioned the reliability of their in-court identification vis-à-vis their out-of-court identification, this Court ruled:Even assuming arguendo the appellants' out-of-court identification was defective, their subsequent identification in court cured any flaw that may have initially attended it. We emphasize that the "inadmissibility of a police line-up identification x x x should not necessarily foreclose the admissibility of an independent in-court identification." We also stress that all the accused-appellants were positively identified by the prosecution eyewitnesses during the trial.[42] | |||||