Category: Remedial 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, 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

— Constitutional Law, Political Law, Remedial Law —

RICARDO VALMONTE, et al. vs. FELICIANO BELMONTE, JR.. G.R. No. 74930 February 13, 1989 Right to Information; Mandamus; GSIS Law; “public concern” and “public interest”

October 18, 2017

  FACTS:  Petitioners in this special civil action for mandamus with preliminary injunction invoke their right to information and pray that respondent be directed: (a) to furnish petitioners the list of the names of the Batasang Pambansa members belonging to the UNIDO and PDP-Laban who were able to secure clean loans immediately before the February… Read More RICARDO VALMONTE, et al. vs. FELICIANO BELMONTE, JR.. G.R. No. 74930 February 13, 1989 Right to Information; Mandamus; GSIS Law; “public concern” and “public interest”

— Remedial Law —

SUNVILLE TIMBER PRODUCTS, INC. vs. HON. ALFONSO G. ABAD, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI G.R. No. 85502 February 24, 1992 Exhaustion of Administrative Remedies

October 18, 2017

  FACTS: The petitioner was granted a Timber License Agreement (TLA), authorizing it to cut, remove and utilize timber within the concession area covering 29,500 hectares of forest land in Zamboanga del Sur, for a period of ten years expiring on September 31, 1992.‘ in 1987, herein private respondents filed a petition with the DENR… Read More SUNVILLE TIMBER PRODUCTS, INC. vs. HON. ALFONSO G. ABAD, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI G.R. No. 85502 February 24, 1992 Exhaustion of Administrative Remedies

— Constitutional Law, Remedial Law —

Alva vs. CA G.R. No. 157331 April 12, 2006 Bail

October 16, 2017

   FACTS: Arnold Alva was accused of defrauding YUMI VERANGA HERVERA by means of false manifestation and fraudulent representation to the effect that he could process the latter’s application for U.S. Visa provided she would give the amount of P120,000.00, and by means of other similar deceit, induced and succeeded in inducing said YUMI VERANGA… Read More Alva vs. CA G.R. No. 157331 April 12, 2006 Bail

— Constitutional Law, Remedial Law —

Canada vs. Judge Suerte A.M. No. RTJ-04-1875 Nov. 9, 2005

October 16, 2017

  FACTS: In a verified letter-complaint dated November 8, 2003, Silas Y. Cañada administratively charged respondent Judge Ildefonso B. Suerte of the Regional Trial Court (RTC), Branch 60, Barili, Cebu, of arbitrary detention punished under Article 124 of the Revised Penal Code and the provisions of Republic Act No. 3019 entitled “Anti-Graft and Corrupt Practices… Read More Canada vs. Judge Suerte A.M. No. RTJ-04-1875 Nov. 9, 2005

— 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

— Constitutional Law, Remedial Law —

Go vs. Ramos G.R. No. 167569 Sept. 4, 2009 Bail, Writ of Habeas Corpus, Deportation

October 16, 2017

  FACTS: These petitions stemmed from the complaint-affidavit for deportation initiated by Luis T. Ramos before the Bureau of Immigration and Deportation (now Bureau of Immigration) against Jimmy T. Go alleging that the latter is an illegal and undesirable alien. Luis alleged that while Jimmy represents himself as a Filipino citizen, Jimmy’s personal circumstances and… Read More Go vs. Ramos G.R. No. 167569 Sept. 4, 2009 Bail, Writ of Habeas Corpus, Deportation

— Constitutional Law, Political Law, Remedial Law —

PEOPLE VS. DOMINGO REYES G.R. No. 178300 March 17, 2009 581 SCRA 691 Rights of an Accused, Evidence, Extra-judicial Confessions

October 16, 2017

FACTS: On July 16, 1999, at Sitio Lambakin, San Jose del Monte, Bulacan, accused-appellant, conspiring, confederating and mutually helping one another and grouping themselves together with Juanito Pataray Cayaban, Federico Pataray Cabayan and Rommel Libarnes Acejo, who are still at large, did then and there willfully, unlawfully and feloniously, by means of force and intimidation… Read More PEOPLE VS. DOMINGO REYES G.R. No. 178300 March 17, 2009 581 SCRA 691 Rights of an Accused, Evidence, Extra-judicial Confessions

— 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