Topic: Custodial Investigation > Specific Requirements  On February 12, 1996, Sukhjinder Singh was on his way back to

in Case Law > Police line-up his motorcycle parked at the corner of Scout Reyes and Roces
Avenue, three men blocked his way.
Case No.: G.R. No. 155223. April 4, 2007.
o Singh averred that Accused-appellant Eduardo
Case Name People v Pavillare pavillare accused him of having raped the woman
inside the red Kia taxi cab parked nearby. Then the three
Full Case Name: PEOPLE OF THE
men forced him inside the taxi cab and brought him
PHILIPPINES, plaintiff-appellee, vs.
somewhere near St Joseph's College in Quezon City.
EDUARDO PAVILLARE y VARONA and
o Pavillare and his companions allegedly beat him up and
SOTERO SANTOS y CRUZ, accused,
demanded P100K, but he had only P5K on his hand.
EDUARDO PAVILLARE y VARONA, accused-
o Singh gave the contact numbers of his cousin. It was
appellant.
averred that it was Pavillare who haggled with his
Ponente: Per Curiam cousin for the amount of the ransom. From P100K, the
agreed ransom went down to P25K
Doctrine: The stage of an investigation wherein a person is
o Later the kidnappers brought the complainant to the
asked to stand in a police line-up has been held
mini-grocery where he met his relatives. The ransom
to be outside the mantle of protection of the right
money was handed to the appellant by the
to counsel because it involves a general inquiry
complainant's cousin.
into an unsolved crime and is purely
 Two days later, Singh went to the police to formally file a
investigatory in nature.
complaint against his abductors. He gave incomplete
Digest Writer: Karl descriptions of the accused in his affidavit.
 Meanwhile, when Pavillare was apprehended in connection
Nature: Appeal from the decision of the Regional Trial
with another case involving the kidnapping of another Indian
Court of Quezon City, Branch 219 in Criminal
national, Singh again showed up at the police station and in a
Case no. Q96-65214 entitled People vs. Eduardo
police line-up, identified Pavillare as one of his kidnappers.
Pavillare y Varona, a prosecution for kidnapping
 Pavillare interposed the defense of general denial and alibi.
for ransom.
Also, Pavillare argued that Singh could not identify his captors
by himself which is shown by the inconsistencies in his
testimony and by the improper suggestion made by the
investigating police officer pointing to Singh as one of the
RELEVANT FACTS malefactors.
o Pavillare contended that considering that the
 complainant was held captive only for about two hours
and the interval of almost one month from the day of the
incident up to the time the Singh was identified at the
police line-up, the complainant was deprived of any
reliable recollection of his captors.
 Finally, Pavillare argued that the identification made by Singh
in the police line-up is inadmissible because Pavillare stood at
the line-up without the assistance of counsel is without merit.
inquiry into an unsolved crime and is purely investigatory in
nature.
It has also been held that an uncounseled identification at the
police line-up does not preclude the admissibility of an in-court
identification. The identification made by the private
complainant in the police line-up pointing to Pavillare as one of
his abductors is admissible in evidence although the accused-
appellant was not assisted by counsel.

ISSUE
Court’s ruling as to the guilt of the accused:
1. WON the identification made by the private complainant in the
police line-up is admissible in evidence. As regards the alibi forwarded by Pavillare, the Court found that the
positive identification made by two eyewitnesses for the prosecution
pointing to the Pavillare as one of the kidnappers prevails over. The
RATIO DECIDENDI testimonies of both the private complainant and his cousin are replete
with positive declarations that the accused-appellant and his
YES. The prohibition for custodial investigation conducted
companions demanded money for the complainant's release.
without the assistance of counsel does not extend to a person in
a police line-up because that stage of an investigation is not yet
a part of custodial investigation.

It has been repeatedly held that custodial investigation DISPOSITIVE

commences when a person is taken into custody and is singled
WHEREFORE, the decision of the Regional Trial Court of Quezon
out as a suspect in the commission of the crime under
City in Criminal Case No. Q96-65214 finding the accused-appellant
investigation and the police officers begin to ask questions on
Eduardo Pavillare y Varona guilty of kidnapping for ransom and
the suspect's participation therein and which tend to elicit an
imposing the DEATH penalty and the awards for actual and moral
admission.
damages is AFFIRMED in toto.

The stage of an investigation wherein a person is asked to stand

in a police line-up has been held to be outside the mantle of
SO ORDERED.
protection of the right to counsel because it involves a general
NO SEPARATE OPINIONS