Category: Criminal Law

— Criminal Law, Remedial Law —

PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

October 26, 2017

FACTS: Accused-appellants Florencio Doria and Violeta Gaddao were charged with violation of Section 4, in relation to Section 21 of the Dangerous Drugs Act of 1972. Members of PNP Narcotics Command (Narcom), received information from two civilian informants (CI) that one “Jun” who was later identified to be Florencio Doria was engaged in illegal drug… Read More PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

— Criminal Law —

WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

October 25, 2017

FACTS: Petitioner, an Australian Citizen, was sought by Australian authorities for indictable crimes in his country. Extradition proceedings were filed against him which ordered the deportation of petitioner. Said decision was sustained by the Court of Appeals; hence, petitioner came herein by way of review on certiorari, to set aside the order of deportation, contending… Read More WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

— Criminal Law, Remedial Law —

VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

October 25, 2017

The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Any evidence obtained in violation of said right shall be inadmissible… Read More VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

— Criminal Law —

PEOPLE OF THE PHILIPPINES vs. MANALILI G.R. No. 191253 August 28, 2013 Rape, Statutory Rape, Alibi

October 19, 2017

FACTS: Manalili was charged with statutory rape as defined and penalized under Article 266-A, par. 1 of the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610, otherwise known as “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.” AAA, the victim who was then barely eleven (11) years old… Read More PEOPLE OF THE PHILIPPINES vs. MANALILI G.R. No. 191253 August 28, 2013 Rape, Statutory Rape, Alibi

— Civil Law, Criminal Law —

DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

October 19, 2017

FACTS: Herein petitioner was charged with bigamy. Before the petitioner’s arraignment, private respondent filed a civil action for declaration of nullity of her marriage with petitioner on the ground that private respondent consented to entering into the marriage, which was petitioner Donato’s second one, since she had no previous knowledge that petitioner was already married… Read More DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

— Criminal Law, Remedial Law —

BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

October 19, 2017

FACTS: Petitioner Benabaye was the Loans Bookkeeper of Siam Bank and was authorized to collect and/or accept loan payments of Siam Bank’s clients and issue provisional receipts therefor, accomplish a cash transfer slip at the end of each banking day detailing the amounts of money that she has received, and remit such payments to Tupag,… Read More BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

— Criminal Law —

PEOPLE vs. AMANSEC G.R. No. 186131 December 14, 2011 R. A. No. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial

October 19, 2017

FACTS: OIC Police Inspector Villanueva together with PO1 Mabutol, Jr., PO2 Pascua, and PO1 Valencia, formed a team for a buy-bust operation against Benjamin Amansec with the help of an informant. The informant then introduced Mabutol to Amansec as a drug addict. Mabutol had just told Amansec that he was going to purchase one hundred… Read More PEOPLE vs. AMANSEC G.R. No. 186131 December 14, 2011 R. A. No. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial

— Constitutional Law, Criminal Law —

PEOPLE OF THE PHILIPPINES vs. JUAN NABALUNA et. al. G.R. No. L-60087 July 7, 1986 Voluntariness test in the Galit doctrine, Extra-judicial Confessions

October 16, 2017

FACTS: The accused-appellants Juan Nabaluna and Edgardo Empuerto, were found guilty beyond reasonable doubt of the crime of Robbery with Homicide and were sentenced to suffer the penalty of death. The uniform and main thrust of appellants’ principal argument is that, their extra-judicial statements were improperly admitted as evidence against them as these were obtained… Read More PEOPLE OF THE PHILIPPINES vs. JUAN NABALUNA et. al. G.R. No. L-60087 July 7, 1986 Voluntariness test in the Galit doctrine, Extra-judicial Confessions

— Criminal Law, Remedial Law —

WWC WORLDWIDE WEB CORPORATION and CHERRYLL L. YU v. PEOPLE OF THE PHILIPPINES and PLDT G.R. No. 161106, January 13, 2014 G.R. No. 161266 PLANET INTERNET CORP. v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY Appeal, Search warrants, General warrants, P.D. 401 Probable cause, Quashal of the search warrants, Theft

October 16, 2017

FACTS: Petitioners filed the present Petitions under Rule 45 of the Rules of Court to set aside the Decision and the Resolution of the CA reversing the quashal of the search warrants previously issued by the RTC. The applications for warrants to search the office premises of petitioner WWC, and of petitioner Planet Internet, alleged… Read More WWC WORLDWIDE WEB CORPORATION and CHERRYLL L. YU v. PEOPLE OF THE PHILIPPINES and PLDT G.R. No. 161106, January 13, 2014 G.R. No. 161266 PLANET INTERNET CORP. v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY Appeal, Search warrants, General warrants, P.D. 401 Probable cause, Quashal of the search warrants, Theft

— Criminal Law, Remedial Law —

PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

October 14, 2017

Doctrine: The commission of the offense of illegal sale of regulated drugs requires merely the consummation of the selling transaction. In a “buy-bust” operation, such as in the case at bar, what is important is the fact that the poseur-buyer received the shabu from the appellants and that the same was presented as evidence in… Read More PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659