Christopher Gamboa v.

Hon Alfredo Cruz Conformably with the above rulings, whether or not petitioner was,
afforded his rights to counsel and to due process is a question which
Facts: Petitioner was arrested for vagrancy without a warrant. he could raise, as a defense or objection, upon the trial on the
During a line-up of 5 detainees including petitioner, he was merits, and, if that defense or objection should fail, he could still
identified by a complainant to be a companion in a robbery,
raise the same on appeal.
thereafter he was charged. Petitioner filed a Motion to Acquit on
the ground that the conduct of the line-up, without notice and in On the other hand, if a defendant does not move to quash the
the absence of his counsel violated his constitutional rights to complaint or information before he pleads, he shall be taken to
counsel and to due process. The court denied said motion. Hearing have waived all objections which are grounds for a motion to quash,
was set, hence the petition. except where the complaint or information does not charge an
offense, or the court is without jurisdiction of the same. 16
Issue: Whether or Not petitioners right to counsel and due process
violated. Here, petitioner filed a Motion To Acquit only after the prosecution
had presented its evidence and rested its case. Since the exceptions,
Held: No. The police line-up was not part of the custodial inquest, above-stated, are not applicable, petitioner is deemed to have
hence, petitioner was not yet entitled, at such stage, to counsel. He
waived objections which are grounds for a motion to quash.
had not been held yet to answer for a criminal offense. The moment
there is a move or even an urge of said investigators to elicit Besides, the grounds relied upon by petitioner in his Motion to
admissions or confessions or even plain information which may Acquit are not among the grounds provided in Sec. 2, Rule 117 of
appear innocent or innocuous at the time, from said suspect, he the Rules of Court for quashing a complaint or information.
should then and there be assisted by counsel, unless he waives the Consequently, the lower court did not err in denying petitioner's
right, but the waiver shall be made in writing and in the presence of Motion to Acquit.
counsel.
WHEREFORE, the petition is DISMISSED
On the right to due process, petitioner was not, in any way,
deprived of this substantive and constitutional right, as he was duly
represented by a counsel. He was accorded all the opportunities to
be heard and to present evidence to substantiate his defense; only
that he chose not to, and instead opted to file a Motion to Acquit
after the prosecution had rested its case. What due process abhors
is the absolute lack of opportunity to be heard.