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Section 4. Service of notice of appeal RULE 124- PROCEDURE IN THE COURT OF APPEALS
Section 7. Transcribing and filing of notes of Section 4. When brief for appellee to be filed;
stenographic reporter upon appeal reply brief of the appellant
Section 8. Transmission of papers to appellate Section 5. Extension of time for filing briefs
court
Section 6. Form of brief
Section 9. Appeal to the Regional Trial Court
Section 7. Contents of brief
Section 10. Transmission of records in case of
death penalty Section 8. Dismissal of appeal for
abandonment or failure to prosecute
Section 11. Effect of appeal by any of severed a. People vs Mapalao (197 SCRA 79)
accused b. People vs Bugnay (128 SCRA 31
a. People vs Fernandez (186 SCRA 830)
Section 9. Prompt disposition of appeals
a. Sycip vs CA (134 SCRA 317) RULE 126- SEARCH AND SEIZURE
Section 15. Where new trial conducted Section 4. Requisites for issuing search
a. People vs Mamatik (105 Phil 479) warrant
a. Uy vs BIR (344 SCRA 36)
Section 16. Reconsideration b. People vs CA (216 SCRA 101)
c. Tambusen vs People (246 SCRA 184)
Section 17. Judgment transmitted and filed in d. People vs Tuan (G.R. No. 179066, Aug. 11,
trial court 2010)
Facts: Petitioner was charged with homicide and pleaded People vs De Luna GR L-77969
not guilty to the charge. Thereafter, the RTC convicted her.
The petitioner claims that she was not arraigned on the Facts: Patrick De Luna, assisted by counsel de officio Atty
amended information for which she was convicted. The David Ompos was charged with murder for assaulting one
petitioners argument is founded on the flawed Tricia by punching and kicking her on different parts of her
understanding of the rules on amendment and body which led to hear death. When arraigned he entered
misconception on the necessity of arraignment in every a plea of guilty with the qualification that hindi ko
case. sinasadya:
Issue: WON there is a need for re-arraignment Issue : Is the plea of guilt entered valid
Held: No. A mere change in the date of the commission of Held: No, such plea of guilt is not valid. The essence of a
the crime, if the disparity of time is not great, is more plea of guilt is that the accused admit his guilt, freely ,
formal than substantial. Such an amendment would not voluntarily and with a full knowledge of the consequences
prejudice the rights of the accused since the proposed and meaning of his act and with a clear understanding of
amendment would not alter the nature of the offense. the precise nature of the crime charged in the complaint or
information. The plea must be an unconditional admission
of guilt. It must be of such nature as to foreclose the
defendants right to defend himself from said charges. Even
assuming that the plea was in fact to the lesser offense of
homicide still as provided in Rule 116, Sec 2 of the rules on
criminal procedure, the consent of both the fiscal and
offended party is needed. Plus upon enter of the plea of
guilt of a capital offense, the court under Sec 3 of the
above mentioned rule should have required the
prosecution its evidence to determine the proper penalty
to be imposed which the court in this case failed to do so.
People vs Dayot GR 88281
no medical certificate nor affidavit to support the alleged
illness of counsel. The petitioners plea that the court
should have appointed a counsel de oficio in his behalf is
without legal basis. The appointment of counsel de officio
is only mandatory at the time of arraignment in
accordance with Rule 116, Sec. 6 of the Revised Rules of
Court. It is no longer applicable during the hearing of the
Sayson v. People [G.R. No. 51745. October 28, trial such as the situation of the petitioner. The appeal is
1988.] denied and the decision of the Court of Appeals is affirmed
Facts: The petitioner, Ramon F. Sayson, was charged with
the crime of Estafa through Falsification of a Commercial
Document. The petitioner pleaded not guilty upon
arraignment and after several postponements, the People v. Rio [G.R. No. 90294. September 24, 1991.]
prosecution rested its case. On the day of presentation of
evidence by defense, the petitioners counsel was absent Facts: Convicted of Rape and sentenced to reclusion
and later sent a telegram requesting for the cancellation of perpetua, accused appealed his case. Thereafter, accused
the hearing due to him being sick. The court denied wrote a letter to clerk of court and manifested his intention
request for postponement and considered case submitted to withdraw the appeal due to his poverty hence he
for decision without evidence from petitioner. Petitioner cannot, anymore retain his counsel de parte.
was rendered guilty by the court which was later affirmed
by the Court of Appeals, but imposed lower penalty. Issue: WON Court can appoint counsel de oficio on appeal?
Petitioner seeks the reversal of the decision finding him
guilty of attempted estafa; he alleges that such decision Held: Yes. His right to a counsel de oficio does not cease
was rendered depriving him of his right to due process and upon the conviction of an accused by a trial court. It
it was the duty of the court to appoint a counsel de oficio continues, even during appeal, such that the duty of the
in his behalf in the absence of his own counsel. court to assign a counsel de oficio persists where an
accused interposes an intent to appeal. Even in a case,
Issue: Was the petitioner deprived of his right to present such as the one at bar, where the accused had signified his
evidence? intent to withdraw his appeal, the court is required to
inquire into the reason for the withdrawal. Where it finds
Held: No. The court did not deprive the petitioner of his the sole reason for the withdrawal to be poverty, as in this
right to present evidence in denying the motion for case, the court must assign a counsel de oficio, for despite
postponement of the hearing. The court held that there such withdrawal, the duty to protect the rights of the
was no denial of due process since no right can be accused subsists and perhaps, with greater reason. After
successfully invoked where it was validly waived. In this all, "those who have less in life must have more in law
case, the petitioner alleged that his counsel had another
case at a different court as the reason for his absence
before the court received the telegram alleging that the
such counsel was sick. Also, the petitioners motion was
not filed properly since the 3-day notice required in
accordance with procedure was not followed and there was
proceedings had in order to promote a judicious
dispensation of justice.
Issue: WON arraignment may be suspended Issue: WON the suspension was valid
Held: No. There was no prejudicial question because the Held: No. While the pendency of a petition for review is a
other civil case was an independent civil action. As regards ground for suspension of the arraignment, the provision
the second issue, his pleadings and annexes submitted limits the deferment of the arraignment to a period of 60
before the Court do not show the date of filing of the days reckoned from the filing of the petition with the
petition for review with the Secretary of Justice. He thus reviewing office. It follows, therefore, that after the
failed to discharge the burden of proving that he was expiration of said period, the trial court is bound to arraign
entitled to a suspension of his arraignment and that the the accused or to deny the motion to defer arraignment.
questioned orders are contrary to Section 11 (c), Rule 116
of the Revised Rules on Criminal Procedure. Indeed, the
age-old but familiar rule is that he who alleges must prove
his allegations.
Issue: W/N the information filed against him is defective? Issue: W/N petitioners contention is right?
Held: Petitioners contention is flawed by the very premises Held: A pardon reaches both the punishment prescribed for
holding it together. For, it presupposes that Section 3(e) of the offense and the guilt of the offender; and when the
R.A. 3019 covers only public officers vested with the power pardon is full, it releases the punishment and blots out of
of granting licenses, permits or similar privileges. existence the guilt, so that in the eye of the law the
Petitioner has obviously lost sight, if not altogether offender is as innocent as if he had never committed the
unaware, of our ruling in Mejorada vs. Sandiganbayan, offense. If granted before conviction, it prevents any of the
where we held that a prosecution for violation of Section penalties and disabilities, consequent upon conviction,
3(e) of the Anti-Graft Law will lie regardless of whether or from attaching; if granted after conviction, it removes the
not the accused public officer is charged with the grant of penalties and disabilities and restores him to all his civil
licenses or permits or other concessions. Petitioner rights; it makes him, as it were, a new man, and gives him
submits that a conviction could arise only for an a new credit and capacity. But unless expressly grounded
inculpatory act alleged in the information and duly on the persons innocence, it cannot bring back lost
established in the trial, arguing in this regard that the reputation for honesty, integrity and fair dealing.
information alleged that Kelly Lumber was paid twice for
the same materials but what was found during the trial
was that the said payment was given to petitioner.
Pressing the point, petitioner states in fine that a variance
obtains between what was alleged in the Information filed
in this case and what was proven during trial.
Francisco vs CA G.R. No. L-45674 May 30, 1983 People vs Villalon 192 scra 521 G.R. No. 43659 December 21,
1990
Facts: A case for intriguing against honor was filed by one Dr.
Angeles against accused Dr. Francisco and Bernardino with the Facts: De Guzman was charged with estafa thru falsification of
Office of the Provincial Fiscal, which was later on changed to grave public document on March 29 1974. As the attorney in fact of
Mariano Carrera, in 1964, De Guzman forged his signature on the defer on the ground of a pending petition with the Secretary of
special power of attorney to use it to mortgage carreras parcel of Justice), but was denied. Upon petition to the CA, the lower court
land and obtain a loan from the mortgage bank. Both documents was directed to refrain from therefrom. Eventually, the pending
and mortgage were later registered with the registry of deeds of petition for review with the Secretary was resolved, thereby
pangasinan. The mortgage foreclosed, the land was bought by ordering the Provincial Fiscal to move for the dismissal of the
someone else, and Carrera only knew about it when an action for information. Such motion by the same, however, was denied by the
ejectment was filed against him. De Guzman on the grounds that lower court. Petitioner Crespo files a petition for review with the
the said crime, which was punishable by prision correctional, SC.
already prescribed, pursuant to art 90. of the RPC.
Issue: W/N the court can heed to the request and powers of the
Issue: W/N the crime has prescribed fiscals office to dismiss the case
Held: The document which was allegedly falsified was a notarized Held: While it is a cardinal principle that all criminal actions shall be
special power of attorney registered in the Registry of Deeds of prosecuted under the direction and control of the fiscal, the same it
Dagupan City on February 13, 1964 authorizing private respondent not without any limitation or control. Among others, the powers of
to mortgage a parcel of land covered by Transfer Certificate of Title the fiscal in relation to his/her power to determine whether a prima
No. 47682 in order to secure a loan of P8,500.00 from the People's facie case that warrants prosecution exists terminates upon the
Bank and Trust Company. The information for estafa thru filing of the information in the proper court. In other words, once
falsification of a public document was filed only on March 29, 1974. filed in court, any disposition of the case (dismissal, conviction or
The court reject petitioner's claim that the ten-year period acquittal) rests with the sound discretion of the court. Though
commenced when complainant supposedly discovered the crime in endowed with discretionary powers, the fiscal cannot impose his
January, 1972 by reason of the ejectment suit against him. opinion on the court for it is the latter which is the best and sole
judge of the case filed with it. A motion to dismiss, even if filed by
the fiscal, must still await the decision of the court.
PeoplevsMogulG.R. No. L-37837 August 24, 1984 PEOPLE vs. TAC-AN G.R. No. 148000 February 27,
2003
Facts: An information for estafa was filed against petitioner Crespo.
When the case was set for arraignment, accused filed a motion to FACTS: An in formation was filed against Mario N. Austria,
who was the Officer-in-Charge Provincial Warden of the further hearing and/or trial before the lower courts
Batangas Provincial Jail, falsified a Memorandum Receipt amounts merely to a continuation of the first jeopardy, and
for Equipment Semi-Expendable and Non-Expendable does not expose the accused to a second jeopardy.
Property, a public/official document. When in truth and
fact, when in truth and in fact said statements are
absolutely false when he has the legal obligation to
disclose the truth, as said firearm is not a property of the JASON IVLER y AGUILAR, Petitioner, vs. MODESTO-SAN
Provincial Government of Batangas; that it is not registered PEDRO G.R. No. 172716 November 17, 2010
with the Firearms and Explosives Units of Batangas PNP
Command, Batangas City and Camp Crame, Quezon City; FACTS: Following a vehicular collision in August 2004,
and that Alberto Tesoro is not an employee of the petitioner Jason Ivler (petitioner) was charged before the
Provincial Government of Batangas, to the damage and Metropolitan Trial Court of Pasig City (MTC), with two
prejudice of public interest. The trial court set the separate offenses: (1) Reckless Imprudence Resulting in
arraignment of the accused and the initial pre-trial. Slight Physical Injuries for injuries sustained by respondent
Apparently, out of the eleven witnesses listed in the Evangeline L. Ponce (respondent Ponce); and (2) Reckless
Information, only the first three witnesses were notified of Imprudence Resulting in Homicide and Damage to Property
said arraignment and pre-trial. On motion of the accused for the death of respondent Ponces husband Nestor C.
and over the objection of the public prosecutor, the trial Ponce and damage to the spouses Ponces vehicle.
court issued an order dismissing the case for failure of said Petitioner posted bail for his temporary release in both
witnesses to appear before it. The bail bond posted by the cases. On 2004, petitioner pleaded guilty to the charge on
accused for his provisional liberty was thereby cancelled. the first delict and was meted out the penalty of public
The public prosecutor filed a motion for reconsideration censure. Invoking this conviction, petitioner moved to
and was denied. The Court of Appeals dismissed the quash the Information for the second delict for placing him
petition on the ground that the errors committed by the in jeopardy of second punishment for the same offense of
trial court were mere errors of judgment, which are not reckless imprudence. The MTC refused quashal, finding no
correctible by a writ of certiorari. Also the CA stated that a identity of offenses in the two cases.
reinstatement of Criminal Case No. 10766 would place the
private respondent in double jeopardy. ISSUE: Whether or not there was double jeopardy
ISSUE: Whether or not the reinstatement of the case would HELD: YES. The two charges against petitioner, arising
be in double jeopardy from the same facts, were prosecuted under the same
provision of the Revised Penal Code, as amended, namely,
HELD: NO. The Court ruled that legal jeopardy attaches Article 365 defining and penalizing quasi-offenses. The
only (a) upon a valid indictment, (b) before a competent provisions contained in this article shall not be applicable.
court, (c) after arraignment, (d) a valid plea having been Indeed, the notion that quasi-offenses, whether reckless or
entered; and (e) the case was dismissed or otherwise simple, are distinct species of crime, separately defined
terminated without the express consent of the accused. and penalized under the framework of our penal laws, is
The lower court was not competent as it was ousted of its nothing new. The doctrine that reckless imprudence under
jurisdiction when it violated the right of the prosecution to Article 365 is a single quasi-offense by itself and not
due process. In effect, the first jeopardy was never merely a means to commit other crimes such that
terminated, and the remand of the criminal case for conviction or acquittal of such quasi-offense bars
subsequent prosecution for the same quasi-offense, accused. Further, the trial court could ensure Lavides' presence at the
regardless of its various resulting acts, undergirded this arraignment precisely by granting bail and ordering his presence at
any stage of the proceedings, such as arraignment. To condition the
Courts unbroken chain of jurisprudence on double grant of bail to an accused on his arraignment would be to place him
jeopardy as applied to Article 365. in a position where he has to choose between (1) filing a motion to
quash and thus delay his release on bail because until his motion to
quash can be resolved, his arraignment cannot be held, and (2)
foregoing the filing of a motion to quash so that he can be arraigned at
once and thereafter be released on bail. These scenarios certainly
undermine the accused's constitutional right not to be put on trial
except upon valid complaint or information sufficient to charge him
with a crime and his right to bail. The court's strategy to ensure the
Lavides' presence at the arraignment violates the latter's
constitutional rights.
LAVIDES vs. CA G.R. No. 129670. February 1, 2000
FACTS: Manolet Lavides was arrested on April 3, 1997 for child abuse
under R.A. No. 7610 (an act providing for stronger deterrence and
special protection against child abuse, exploitation and discrimination,
providing penalties for its violation, and other purposes). His arrest
was made without a warrant as a result of an entrapment conducted
by the police. It appears that on April 3, 1997, the parents of
complainant Lorelie San Miguel reported to the police that their
daughter, then 16 years old, had been contacted by petitioner for an
assignation that night at petitioners room at the Metropolitan Hotel in MARCOS vs. SANDIGANBAYAN G.R. Nos. 124680-81.
Diliman, Quezon City. Apparently, this was not the first time the police
received reports of petitioners activities. When petitioner opened the
February 28, 2000
door, the police saw him with Lorelie, who was wearing only a t-shirt
and an underwear, whereupon they arrested him. Based on the sworn FACTS: Imelda was charged together with Jose Dans for
statement of complainant and the affidavits of the arresting officers, Graft & Corruption for a dubious transaction done in 1984
which were submitted at the inquest, an information for violation of while they were officers transacting business with the Light
Art.III, 5(b) of R.A. No. 7610 was filed against petitioner. Petitioner
filed an "Omnibus Motion (1) For Judicial Determination of Probable
Railway Transit. On August 12, 1994, petitioner filed with
Cause; (2) For the Immediate Release of the Accused Unlawfully the Sandiganbayan a motion to quash/dismiss the two
Detained on an Unlawful Warrantless Arrest; and (3) In the Event of informations, raising the following grounds, namely: (a) the
Adverse Resolution of the Above Incident, Herein Accused be Allowed informations are fatally defective for failure to adequately
to Bail as a Matter of Right under the Law on which he is charged. Nine inform the accused of the charge against her in violation of
more informations for child abuse were filed against petitioner by the
same complainant, Lorelie San Miguel, and by three other minor
due process guaranteed by the Constitution; (b) the
children. No bail was recommended. Nonetheless, petitioner filed informations state no offense; and (c) the court has no
separate applications for bail in the nine cases. jurisdiction over the cases because the accused are
protected by immunity from suit. The Sandiganbayan
ISSUE: Whether or not the court should impose the condition that the issued an order that virtually denied the motion to quash
accused shall ensure his presence during the trial of these cases
before the bail can be granted.
even before the scheduled date of hearing thereof, ruling
that the informations actually state a valid accusation;
HELD: YES. In cases where it is authorized, bail should be granted that immunity from suit was applicable only to acts upon
before arraignment, otherwise the accused may be precluded from orders of the President which are legitimate, and that a
filing a motion to quash. For if the information is quashed and the case motion to quash at that stage was not proper.
is dismissed, there would then be no need for the arraignment of the
ISSUE: Whether or not the Sandiganbayan acted with be charged with Arbitrary Detention, respondent Judge Salanga
grave abuse of discretion in denying petitioners motion to granted the motion to quash in an order. Hence, this petition.
quash the informations filed after she had pleaded
thereto. ISSUE: Whether or not accused-respondent, being a Barrio
Captain, can be liable for the crime of Arbitrary Detention.
HELD: YES. It is clear that a motion to quash is not
improper even after the accused had been arraigned if the HELD: YES. The public officers liable for Arbitrary Detention must
same is grounded on failure to charge an offense and lack be vested with authority to detain or order the detention of persons
of jurisdiction of the offense charged, extinction of the accused of a crime. One need not be a police officer to be
offense or penalty and jeopardy. In this case, petitioners chargeable with Arbitrary Detention. It is accepted that other public
motion to quash is grounded on no offense charged and officers like judges and mayors, who act with abuse of their
lack of jurisdiction over the offense charged. Hence, the functions, may be guilty of this crime. A perusal of the powers and
Sandiganbayan erred in disregarding the plain provision of function vested in mayors would show that they are similar to those
the Rules of Court and in cavalier fashion denied the of a barrio captain except that in the case of the latter, his territorial
motion. Nevertheless, the consistent doctrine of this Court jurisdiction is smaller. Having the same duty of maintaining peace
is that from a denial of a motion to quash, the appropriate and order, both must be and are given the authority to detain or
remedy is for petitioner to go to trial on the merits, and if order detention. Noteworthy is the fact that even private
an adverse decision is rendered, to appeal therefrom in the respondent Tuvera himself admitted that with the aid of his rural
manner authorized by law. police, he as a barrio captain, could have led the arrest of petitioner
Valdez.
HELD: No, the court held that the order was merely
dictated in open court by the trial judge. Showing that this
verbal order of dismissal was ever reduced to writing and
duly signed by him. Thus, it did not yet attain the effect of
a judgment of acquittal, so that it was still within the
powers of the judge to set it aside and enter another order,
ABAY vs GARCIA 162 SCRA 665, June 27, 1988 now in writing and duly signed by him, reinstating the
case.
FACTS: Jaime Bao and Virginia Bolesa were married. Barely two
months after their 4th wedding anniversary, Virginia was found PEOPLE v CITY COURT OF MANILA
dead, floating in a basin of water along the river bank of Abra 121 SCRA 637, Apr. 27, 1983
River. Rumors immediately circulated that she drowned. [3] On 19 FACTS: Diolito de la Cruz figured in an accident on October 17,
March 1997, after it was found upon autopsy that Virginia did 1971. The following day, October 18, an information for serious
not die of drowning, Jaime was charged with parricide. Jaime physical injuries thru reckless imprudence was filed against
pleaded not guilty to the charge upon his arraignment. Trial private respondent Francisco Gapay, the driver of the truck. On
ensued and the Regional Trial Court of Abra convicted Jaime Bao the same day, the victim Diolito de la Cruz died. On October 20,
of parricide for killing his legitimate wife. In support of his lone 1972, private respondent was arraigned on the charge of
assigned error, Jaime avers that the prosecution failed to prove serious physical injuries thru reckless imprudence. He pleaded
the requisites for circumstantial evidence to be sufficient basis guilty, was sentenced to one (1) month and one (1) day
for conviction. For its part, the Office of the Solicitor General of arresto mayor, and commenced serving sentence. Because of
(OSG) agrees with the trial court that the guilt of Jaime Bao was de la Cruzs death, on October 24, 1972, an information for
established through circumstantial evidence. The circumstances homicide thru reckless imprudence was filed against private
that lead to Virginias death constitute an unbroken chain of respondent. On November 17, 1972, the City Court of Manila,
events pointing to Jaime as the author of her death. upon motion of private respondent, issued an order dismissing
the homicide thru reckless imprudence case on the ground of
ISSUE: W/n the prosecution failed to prove the requisites for double jeopardy.
circumstantial evidence
ISSUE: W/n there was double jeopardy
HELD: No. A judgment of conviction based on circumstantial
evidence can be upheld when the circumstances established
would lead to a fair and reasonable conclusion pointing to the HELD: Yes. When the information for homicide thru reckless
accused, to the exclusion of all others, as being the author of imprudence was, filed on October 24, 1972, the accused-private
the crime.[22] Stated in another way, the chain of events, respondent was already in jeopardy. Well-settled is the rule that
perhaps insignificant when taken separately and independently, one who has been charged with an offense cannot be charge
nevertheless, produces the effect of conviction beyond again with the same or Identical offense though the latter be
reasonable doubt when considered cumulatively. Indeed, it is lesser or greater than the former. However, as held in the case
the quality of the circumstances, rather than the quantity, that of Melo vs. People, supra, the rule of Identity does not apply
draws the line on whether the circumstances presented consist when the second offense was not in existence at the time of the
of an unbroken chain that fulfills the standard of moral certainty first prosecution, for the reason that in such case there is no
to sustain a conviction. possibility for the accused, during the first prosecution, to be
convicted for an offense that was then inexistent. "Thus, where
the accused was charged with physical injuries and after
conviction, the injured person dies, the charge for homicide
against the same accused does not put him twice in jeopardy." punishable by a law or an ordinance, the conviction or acquittal
Stated differently, where after the first prosecution a new fact shall bar to another prosecution for the same act. In the case
supervenes for which the defendant is responsible, which at bar, it was very evident that the charges filed against Mr.
changes the character of the offense and, together with the Opulencia will fall on the 2nd kind or definition of double
facts existing at the time, constitutes a new and distinct jeopardy wherein it contemplates double jeopardy of
offense, the accused cannot be said to be in second jeopardy if punishment for the same act. It further explains that even if the
indicted for the new offense. offenses charged are not the same, owing that the first charge
constitutes a violation of an ordinance and the second charge
was a violation against the revised penal code, the fact that the
two charges sprung from one and the same act of conviction or
acquittal under either the law or the ordinance shall bar a
prosecution under the other thus making it against the logic of
double jeopardy. The fact that Mr. Opulencia was acquitted on
the first offense should bar the 2nd complaint against him
coming from the same identity as that of the 1st offense
charged against Mr.Opulencia.
PEOPLE v RELOVA
148 SCRA 294, March 6, 1987
PEOPLE vs. DE GUZMAN 326 SCRA 131 PEOPLE vs. DEANG 378 SCRA 657
Facts: Renato de Guzman, Marciano Ramos, Frederick Mosqueda Facts: On 31 January 1997, the Regional Trial Court of Angeles
and Paquito Ancheta were charged with Robbery with Homicide City, Branch 59, rendered a decision[1] in Criminal Case No. 95-
before the Regional Trial Court of Baguio City. Only De Guzman, 320, finding accused Rommel Deang, Melvin Espiritu, and Nicson
Ramos and Mosqueda were apprehended. Ancheta remains at- (or Nixon) Catli guilty beyond reasonable doubt of the crime of
large. When they were arraigned, the three accused entered a plea kidnapping for ransom with homicide, and sentencing each of them
of "not guilty." At the trial and upon motion of the prosecution, to suffer the penalty of death. During the trial, a motion to
Mosqueda was discharged and was utilized as state witness. discharge Benito to become a state witness was filed,[19] which
Regional Trial Court rendered a decision finding de Guzman and was opposed by DEANG, ESPIRITU, and CATLI.[ CATLI avers that
Ramos guilty beyond reasonable doubt of robbery with homicide. the trial court erred in: (a) proceeding with his arraignment without
Accused-appellant Ramos claims that trial court erred in a preliminary investigation; (b) admitting in evidence, giving weight
discharging Mosquedo since Accused-appellant Ramos claims that and credence to, and relying chiefly on the alleged extrajudicial
requirements (a), (b) and (d) of rule 119 section 9 were not properly confession of accused DEANG in convicting them; (c) granting the
complied with discharge of Benito Catli when he was the most guilty of the four
accused and by giving weight to his testimony; (d) ignoring his
Issue: w/n THE TRIAL COURT ERRED IN GRANTING THE defense of alibi; and (e) convicting him despite a clear lack of
MOTION TO DISCHARGE ACCUSED FREDERICK MOSQUEDA motive
TO BE UTILIZED AS STATE WITNESS
Issue: w/n court erred in the discharge of Benito
Held: No. The requirements under Section 9 of Rule 119 for the
discharge of Mosqueda to become state witness were not strictly Held: Catlis issue is well within the discretion of the trial judge.
Assuming arguendo that the trial court did err, this Court has held This refusal of petitioner prompted Fiscal Paulete to appear at the trial of
several times in the past that any witting or unwitting error of the the cases which was then in progress during which a discussion ensued
prosecution in asking for the discharge of an accused, and of the between the two prosecutors. It was on this occasion when the court
trial court in granting the petition for discharge, would not deprive decided to postpone the trial once more in order that the incident may be
determined once and for all by the authorities concerned.
the discharged accused of the acquittal specified in Section 10 of
Rule 119 and of the constitutional guarantee against double Issue: w/n the Secretary of Justice cannot disqualify a public Prosecutor
jeopardy, as long as no question of jurisdiction is involved. It is also from prosecuting a case because this power belongs to the proper court
relevant to note that the improper or mistaken discharge of an
accused would not affect his competence as a witness or render Held: the Secretary of Justice merely acted on the matter pursuant to the
inadmissible his testimony. CATLI'S argument that he had no authority conferred upon him by law over fiscals and public prosecutors
motive to kidnap anybody because his family was well-off is invoking in his favor the portion of the law which provides: "It (Department
irrelevant. In the fist place, the rich and the poor can and do of Justice) shall also have general supervision and control of the
commit crimes. provincial sheriffs and all law officers of the Government, the provincial
and city fiscals or attorneys and other prosecuting officers." (Section 83,
in relation to Section 79[C], Revised Administrative Code). But this power
of control and supervision can only extend to administrative matters and
not when it may conflict or encroach on the performance by the fiscal of
his duties in connection with the prosecution of a case investigated and
acted upon by him. To this extent he should be given wide latitude in
order that the best interest of justice may be accomplished.
HELD: The resolution of a demurrer to evidence should be left to Issue: WHETHER OR NOT THE COURT A QUO GRAVELY
the exercise of sound judicial discretion. A lower courts order of ERRED IN DENYING THE PEOPLE DUE PROCESS WHEN IT
denial shall not be disturbed, that is, the appellate courts will not RESOLVED ISSUES NOT RAISED BY RESPONDENTS IN THEIR
review the prosecutions evidence and precipitately decide whether DEMURRER TO EVIDENCE, WITHOUT AFFORDING THE
or not such evidence has established the guilt of the accused PROSECUTION AN OPPORTUNITY TO BE HEARD THEREON.
beyond a reasonable doubt, unless accused has established that
such judicial discretion has been gravely abused, thereby Held: Verily, in criminal cases, the grant of demurrer is tantamount
amounting to a lack or excess of jurisdiction.[29] Mere allegations to an acquittal and the dismissal order may not be appealed
of such abuse will not suffice. For the special civil action of because this would place the accused in double jeopardy. Although
certiorari to lie, it is crucial that there must be a capricious, arbitrary the dismissal order is not subject to appeal, it is still reviewable but
and whimsical exercise of power, the very antithesis of judicial only through certiorari under Rule 65 of the Rules of Court. For the
prerogative in accordance with centuries of both civil law and writ to issue, the trial court must be shown to have acted with grave
common law traditions. We are not prepared to rule that the abuse of discretion amounting to lack or excess of jurisdiction such
as where the prosecution was denied the opportunity to present its
Sandiganbayan has gravely abused its discretion when it denied
case or where the trial was a sham, thus, rendering the assailed
petitioners demurrer to evidence. Public respondent found that the
judgment void. The burden is on the petitioner to clearly
prosecutions evidence satisfactorily established the elements of
demonstrate that the trial court blatantly abused its authority to a
the crime charged
point so grave as to deprive it of its very power to dispense justice.
People vs Atienza GR. 176671 In the present case, no such circumstances exist to warrant a
departure from the general rule and reverse the findings of the
Facts: An Information[2] filed on June 19, 2001,
Sandiganbayan.
respondents Aristeo E. Atienza (Mayor Atienza), then
Municipal Mayor of Puerto Galera, Oriental Mindoro, Engr. Bangayan v Bangayan. GR 172777
Rodrigo D. Manongsong (Engr. Manongsong), then
Municipal Engineer of Puerto Galera and Crispin M. Facts: On March 7, 1982, Benjamin, Jr. married Sally Go in Pasig
Egarque (Egarque), a police officer stationed in Puerto City and they had two children.[4] Later, Sally Go learned that
Galera, were charged before the Sandiganbayan violation Benjamin, Jr. had taken Resally as his concubine whom he
of Section 3 (e) of Republic Act No. 3019 (RA 3019), or the subsequently married on January 5, 2001 under the false name,
Anti-Graft and Corrupt Practices Act in Criminal Case No. Benjamin Z. Sojayco. Benjamin, Jr. fathered two children with
26678. On January 9, 2006, Mayor Atienza and Engr. Resally. Furthermore, Sally Go discovered that on September 10,
Manongsong filed a Demurrer to Evidence (Motion to 1973, Benjamin, Jr. also married a certain Azucena Alegre
Acquit),[15] which was anchored on the credibility of the (Azucena) in Caloocan City. The City Prosecutor of Caloocan City
witnesses for the prosecution. Respondents maintain that conducted a preliminary investigation and thereafter issued a
the evidence presented were not sufficient to hold them Resolution dated June 5, 2002 recommending the filing of an
information for bigamy against Benjamin, Jr. and Resally for having Mr. Guy, after being reassured that it would be turned over to AUB along
contracted a marriage despite knowing fully well that he was still with a blank REM, and that it would serve as mere comfort document and
legally married to Sally Go. After the arraignment, during which could be filled up only if and when AUB gets the conformity of both
petitioners both pleaded not guilty to the charge against them, the Smartnet and Goodland. About two (2) years thereafter, Goodland found
out that the REM signed in blank by Mr. Guy has been allegedly filled up
prosecution presented and offered its evidence The RTC
or completed and annotated at the back of the title of the Makati property.
dismissed the criminal case against Benjamin, Jr. and Resally for Makati Prosecutors Office filed an Information for Falsification of Public
insufficiency of evidence Document defined and penalized under Article 172 in relation to Article
171 (2) of the Revised Penal Code against private respondents Co and
Sally Go elevated the case to the CA via a petition for certiorari. Chan and Atty. Pelicano After the prosecution formally offered its
evidence and rested its case, herein private respondents filed a Motion
Issue:W/n the court can review an order grating the demurrer for Leave of Court to File Demurrer to Evidence with attached Demurrer
to Evidence claiming that the prosecution failed to substantiate its claim
Held: A demurrer to evidence is filed after the prosecution has that they are guilty of the crime charged. The prosecution opposed the
rested its case and the trial court is required to evaluate whether Demurrer to Evidence contending that it was able to prove [that] Mr. Guy
the evidence presented by the prosecution is sufficient enough to did not participate in the execution of the REM because Goodland did not
warrant the conviction of the accused beyond reasonable doubt. If consent to the use of its Makati property to secure a loan and it has no
the court finds that the evidence is not sufficient and grants the outstanding credit for any peso loan.
demurrer to evidence, such dismissal of the case is one on the
merits, which is equivalent to the acquittal of the accused. Well- Issue: w/n The CA committed grave abuse of discretion in affirming the
established is the rule that the Court cannot review an order dismissal of Criminal Case No. 332313 against respondents on demurrer
to evidence in complete disregard of material prosecution evidence which
granting the demurrer to evidence and acquitting the accused on
clearly establishes respondents criminal liability for falsification of public
the ground of insufficiency of evidence because to do so will place documents
the accused in double jeopardy.
Held: It is settled that a judgment of acquittal cannot be recalled or
withdrawn by another order reconsidering the dismissal of the case,nor
can it be modified except to eliminate something which is civil or
administrative in nature. One exception to the rule is when the
prosecution is denied due process of law. Another exception is when the
trial court commits grave abuse of discretion in dismissing a criminal case
by granting the accuseds demurrer to evidence. If there is grave abuse
of discretion, granting Goodlands prayer is not tantamount to putting Co
and Chan in double jeopardy.
Goodland v. Abraham GR 195658
Facts: Petitioner-appellant Goodland Company, Inc. (Goodland), a CABARLES vs. MACEDA GR NO. 161330, FEBRUARY 20, 2007
corporation duly organized and existing in accordance with Philippine
laws, is the registered owner of a parcel of land located at Pasong Tamo, Facts: The undersigned Prosecutor II accuses RENE "NONOY"
Makati City Goodland allowed the use of its Makati property, by way of CABARLES Y ADIZAS of the crime of Murder, committed on or
accommodation, as security to the loan facility of Smartnet with Asia about the 25th day of April, 1999, in the City of Las Pias,
United Bank (AUB). Mr. Guy, Goodlands Vice President, was allegedly Philippines and within the jurisdiction of this Honorable Court, the
made to sign a Real Estate Mortgage (REM) document in blank. Upon
above-named accused, did assault, and stab with a deadly weapon
signing the REM, Mr. Guy delivered the same to AUB together with the
original owners copy of the TCT covering the the Makati property. Mr.
(fan knife) one Antonio Callosa, which directly caused his death.
Rafael Galvez, the Executive Officer of Goodland, who had custody of With no witness for the August 1, 2001 hearing, the prosecution
the title to the Makati property, handed over the original of the said title to rested its case and formally offered its evidence.Thereafter,
Cabarles, with leave of court, filed a demurrer to evidence but it bribery; embezzlement and other acts of corruption; betrayal of public
was denied by Judge Maceda.16 Two witnesses were called for trust; and abuse of power, to the grave and irreparable damage of
the defense, accused Cabarles and Luisito Javier, a fisherman. petitioner. It held that the petitioner was unable to establish the loss or
destruction of the original documents and hence it cannot be permitted to
Issue: WHETHER THE RESPONDENT HONORABLE JUDGE present secondary evidence as required under Rule 130 of the Rules of
GRAVELY ABUSED HIS DISCRETION WHEN HE ISSUED THE Court. That the best evidence rule applies in this case is demonstrated by
petitioners own purpose in offering the rejected documentary exhibits for
QUESTIONED ORDER DESPITE THE ABSENCE OF A FINAL
how then can it intend to prove the defendants close business/personal
JUDGMENT OF CONVICTION relationship with defendant Ferdinand E. Marcos without inquiring into the
contents thereof. On September 25, 2002, petitioner filed a Motion to
Held: Generally, after the parties have produced their respective Reopen Plaintiffs Presentation of Evidence Respondent Silverio filed his
direct proofs, they are allowed to offer rebutting evidence only. Opposition asserting that the grounds cited by petitioner do not warrant a
However, the court, for good reasons, in the furtherance of justice, reopening of the presentation of evidence.
may allow new evidence upon their original case, and its ruling will
not be disturbed in the appellate court where no abuse of discretion Issue: w/n public respondent did not gravely abuse its discretion in
appears. A motion to reopen may thus properly be presented only denying petitioners motion
after either or both parties had formally offered and closed their
evidence, but before judgment is rendered,and even after Held: The term grave abuse of discretion connotes capricious and
whimsical exercise of judgment as is equivalent to excess, or a lack of
promulgation but before finality of judgment and the only controlling
jurisdiction. The abuse must be so patent and gross as to amount to an
guideline governing a motion to reopen is the paramount interest of evasion of a positive duty or a virtual refusal to perform a duty enjoined
justice.This remedy of reopening a case was meant to prevent a by law, or to act at all in contemplation of law as where the power is
miscarriage of justice. exercised in an arbitrary and despotic manner by reason of passion or
hostility. Public respondent gravely abused its discretion in disallowing
However, while Judge Maceda is allowed to reopen the case the presentation of additional evidence by the petitioner after the latter
before judgment is rendered, Section 24 requires that a hearing made a formal offer of documentary evidence, at the time the
must first be conducted. Judge Maceda issued the April 1, 2003 respondents had not even commenced the presentation of their
Order without notice and hearing and without giving the evidence. Such arbitrary denial of petitioners motion to reopen for
prosecution and accused an opportunity to manifest their position presentation of additional evidence would result in serious miscarriage of
on the matter. This failure, to our mind, constitutes grave abuse of justice as it deprives the Republic of the chance to fully prove its case
discretion and goes against the due process clause of the against the respondents and recover what could be illegally- gotten
Constitution which requires notice and opportunity to be heard. The wealth.
issuance of the said order, without the benefit of a hearing, is
contrary to the express language of Section 24, Rule 119.
Ruling: No. The filing of a notice of appeal with the Issue :Whether or not the case should be set for new
court in which the judgment or order was rendered, and trial.
serving a copy thereof upon the Provincial Fiscal, perfected
the petitioners appeal. Upon perfection Ruling: No. Except for the missing transcript of the
of the appeal, the lower court lost jurisdiction of the case stenographic notes containing the testimonies of the
to pass upon their motion for new trial in this Court where witnesses, the records of this case are complete, with the
the record of the case was transmitted and received. So other evidence and the original decision of the trial court
even in cases involving automatic intact. Defendant- appellant suggested, however, that
review by this Court, if the defendant perfects an appeal, under the circumstances, the only remedy left to the Court
although he is not in duty bound to do so, the Court of First is to set aside the decision of the trial court and order a
Instance loses jurisdiction of the case and can no longer new trial, on the alleged ground that the loss of the
pass upon or resolve a motion for new trial after the taking stenographic notes in question constitutes an irregularity
of appeal by the defendant. that has been committed during the trial prejudicial to the
However, the motion for new trial filed by the petitioners substantial rights of the defendant. The Court held that the
should not be denied even if the lower court declared that irregularity that justifies a new trial under the Rules on
the decision in the case at bar has become final and Criminal Procedure is, as the rule itself prescribes, one that
therefore the motion for new trial has been committed during the trial. In the case at bar,
there is no pretense that an actual irregularity has been have discovered that the Cadastral Case did not exist and the
committed during the trial. The proceedings have been all Deed of Sale was simulated. The CA granted respondents
in accordance with law and a decision on the merits has motion. Petitioners challenged the motion for new trial, but the
been duly rendered and promulgated. This present motion was denied.
appellant has already filed his brief and no reference to
ISSUE: Whether or not the motion for new trial should be
any granted.
irregularity has been made therein. All that he assails is
the correctness of the decision on the merits. The property RULING: Yes. A new trial is a remedy that seeks to temper the
remedy is the reconstitution of the missing evidence. severity of a judgment or prevent the failure of justice. Thus, the
Rules allows the courts to grant a new trial when there are
errors of law or irregularities prejudicial to the substantial rights
of the accused committed during the trial, or when there exists
newly discovered evidence. Before a new trial may be granted
on the ground of newly discovered evidence, it must be shown
(1) that the evidence was discovered after trial; (2) that such
evidence could not have been discovered and produced at the
trial even with the exercise of reasonable diligence; (3) that it is
material, not merely cumulative, corroborative, or impeaching;
and (4) the evidence is of such weight that it would probably
Ybiernas vs. Gabaldon G.R. No. 178925 change the judgment if admitted. If the alleged newly
Facts: Estrella Ybiernas owned a parcel of land located in Talisay, discovered evidence could have been very well presented
Negros Occidental covered by a TCT. She executed a Deed of during the trial with the exercise of reasonable diligence, the
Absolute Sale over the property in favor of her heirs, one of same cannot be considered newly discovered. In the case at
them is Dionisio Ybiernas. RTC issued an Order, directing the bar, respondents relied in good faith on the veracity of the
registration and annotation of the Deed of Absolute Sale on the Order which petitioners presented in court. It was only practical
title but neither the defendants nor anyone else has challenged for them to do so, if only to expedite the proceedings. The court
the validity of the mentioned judicial proceedings before the holds that respondents exercised reasonable diligence in
RTC. Respondents Gabaldon and Manila Bay Spinning Mills, Inc. obtaining the evidence. The certifications therefore qualify as
filed with the Pasig RTC a complaint for sum of money and newly discovered evidence.
damages against Estrella and three other individuals. The sheriff Payumo, et.al. vs. Sandiganbayan G.R. No. 151911
issued the corresponding writ of attachment and levied the FACTS: A composite team of Philippine Constabulary (PC) and
subject property. When Estrellas heirs learned about the levy, Integrated National Police (INP) units allegedly fired at a group of
Dionisio filed an Affidavit of Third-Party Claim, asserting the civilians instantly killing one and wounding several others. The
transfer of ownership to them. Dionisio died and was succeeded accused were indicted for Murder with Multiple Frustrated and
by his heirs. Petitioners filed with the Bacolod RTC a Complaint Attempted Murder before the Sandiganbayan. After four years of trial,
for Quieting of Title and Damages, claiming that the levy was the Second Division of the Sandiganbayan rendered its Decision,
convicting the accused as co- principals of said charges. The accused
invalid because the property is not owned by any of the
filed their Motion for New Trial, which was denied. They elevated the
defendants in the Pasig RTC case. They averred that the case to the Supreme Court, which set aside the Decision of the
annotation of the RTC Order and the Deed of Absolute Sale on Sandiganbayan and remanding the case for a new trial. Thus, the case
the TCT serves as notice to the whole world that the property is was remanded to the Sandiganbayan and was raffled to the First
no longer Division. Accordingly, the First Division received anew all the evidence
owned by Estrella. Respondents filed a notice of appeal, and it of the parties, both testimonial and documentary. Later, with the
was granted by the RTC. While the appeal was pending in the creation of the Fourth and Fifth divisions, the case was transferred to
CA, respondents filed a motion for new trial, claiming that they the Fifth Division, which promulgated judgment, convicting the
accused of the crime of Murder with Multiple Attempted Murder. The
accused filed their Omnibus Motion to Set Aside Judgment and for New ISSUE: Whether or not there should be a new trial.
Trial. Since the Fifth Division could not reach unanimity in resolving the
aforesaid omnibus motion, a Special Fifth Division was constituted,
which granted a second new trial of the case. The Special Fifth Division
RULING: No. Section 2 of Rule 112 of the Rules of Court
pronounced among others that a second new trial would enable it to provides the court shall grant a new trial on any of the
allow the accused to adduce pertinent evidence including the records following grounds: (a) The errors of law or irregularities
of the Judge Advocate General Office (JAGO), Armed Forces of the prejudicial to the substantial rights of the accused have
Philippines, to shed light on the "serious allegations". been committed during the trial; (b) The new and material
ISSUE: Whether or not the Sandiganbayan acted in excess of its evidence has been discovered which the accused could not
jurisdiction when it granted a new trial of the case. with reasonable diligence have discovered and produced
at the trial and which if introduced and admitted would
RULING: Yes. Rule 121, Section 2(b) of the 2000 Rules on Criminal probably change the judgment. In the case at bar, the
Procedure provides that: new and material evidence has been Court affirmed the decision of the CA, convicting the
discovered which the accused could not with reasonable diligence
have discovered and produced at the trial and which if introduced and accused of simple rape. Three principles guide the courts
admitted would probably change the judgment, as one of the grounds in resolving rape cases: (1) an accusation for rape can be
to grant a new trial. The records of the JAGO relative to the incident do made with facility; it is difficult to prove but more difficult
not meet the criteria for newly discovered evidence that would merit a for the accused, though innocent, to disprove; (2) in view
new trial. A motion for new trial based on newly-discovered evidence of the intrinsic nature of the crime of rape in which only
may be granted only if the following requisites are met: (a) that the
evidence was discovered after trial; (b) that said evidence could not two persons are usually involved, the testimony of the
have been discovered and produced at the trial even with the exercise complainant must be scrutinized with extreme caution;
of reasonable diligence; (c) that it is material, not merely cumulative, and (3) the evidence for the prosecution must stand or fall
corroborative or impeaching; and (d) that the evidence is of such on its own merits, and cannot be allowed to draw strength
weight that if admitted, would probably change the judgment. In this from the weakness of the evidence for the defense. The
case, however, such records could have been easily obtained by the
accused and could have been presented during the trial with the Court cannot convict appellant of qualified rape because
exercise of reasonable diligence. Hence, the JAGO records cannot be the special qualifying circumstances of minority and
considered as newly discovered evidence. There was nothing that relationship were not sufficiently alleged in the
prevented the accused from using these records during the trial to information. With the foregoing, no irregularities prejudicial
substantiate their position that the shooting incident was a result of a to the substantial rights of the accused have been
military operation. Petition granted.
committed during the trial or new and material evidence
discovered. Substantial procedures of the law have been
followed; hence, a new trial cannot be warranted.
ISSUE: Whether or not Eliseos confession constitutes newly discovered HELD: Yes. A writ of certiorari is warranted when (1) any tribunal, board or officer
evidence narrating a new trial in favor of the accused has acted without or in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction; and (2) there is no
HELD: For newly-discovered evidence to be a ground for new trial, the following appeal, nor any plain, speedy and adequate remedy in the ordinary course of
requisites must concur: (a) the evidence is discovered after trial; (b) such law. Although this Court does not absolutely preclude the availment of the
evidence could not have been discovered and produced at the trial even with the remedy of certiorari to correct an erroneous acquittal, the petitioner must clearly
exercise of reasonable diligence; and (c) the evidence is material, not merely and convincingly demonstrate that the lower court blatantly abused its authority
cumulative, corroborative, or impeaching, and of such weight that, if admitted, to a point so grave and so severe as to deprive it of its very power to dispense
could probably change the judgment. There is thus a need for a new trial in order justice. When the Decision dated April 25, 2002 was promulgated, only
to determine the veracity of Ronaldo Narezs positive identification vis--vis the Estanislao Lacaba was present. Subsequently thereafter, without surrendering
alleged confession made by Leonardo Eliseo since no less than a life is at and explaining the reasons for their absence, Joven, Armando, and Domingo
stake. We recognize that [c]ourt litigations are primarily for the search of truth, joined Estanislao in their Joint Motion for Reconsideration. In blatant disregard of
and a liberal interpretation of the rules by which both parties are given the fullest the Rules, the RTC not only failed to cause the arrest of the respondents who
opportunity to adduce proofs is the best way to ferret out such truth. [32] Hence, a were at large, it also took cognizance of the joint motion. The RTC clearly
liberal interpretation of the rule granting a motion for new trial is called for.[33] We exceeded its jurisdiction when it entertained the joint Motion for Reconsideration
cannot in good conscience convict accused-appellant and impose upon him the with respect to the respondents who were at large.
death penalty when evidence which would possibly exonerate him may be
presented by him in a new trial. Neither can we acquit him on the sole ground
that another person confessed to having committed the crime. For this reason,
this case should be reopened only for the purpose of allowing the defense to
present the testimony of Leonardo Eliseo and for the prosecution to present any
rebutting evidence which it may desire to present.
Upon appeal, the decision of the trial court was reversed and the
accused were acquitted.The OSG points out that the prosecution failed
to prove the existence of a conspiracy between appellant and
Rodriguez independent of the extrajudicial confession of the latter. The
OSG contends that the trial court erred in convicting appellant of
murder considering that the Information failed to allege the
circumstances qualifying the killing to murder.
ISSUE: W/N the judgement of the appellate court in this case should
affect those who did not appeal
HELD: YES. Although it is only appellant who persisted with the present
appeal, the well-established rule is that an appeal in a criminal
proceeding throws the whole case open for review of all its aspects,
including those not raised by the parties.[29] The records show that
Rodriguez had withdrawn his appeal due to financial reasons. However,
Section 11 (a) of Rule 122 of the Rules of Court provides that [a]n
appeal taken by one or more [of] several accused shall not affect those
who did not appeal, except insofar as the judgment of the appellant
court is favorable and applicable to the latter. As we have elucidated,
the evidence against and the conviction of both appellant and
Rodriguez are inextricably linked. Hence, appellants acquittal, which is
favorable and applicable to Rodriguez, should benefit the latter.
ISSUE: W/N the accused may withdraw his appeal Villanueva duly appealed to this court. The records were sent up to us
not only by virtue of the appeal but also under the provisions of Rule
HELD: YES. It should be stated that when Martin was allowed to 118, Section 9, of the Rules of Court which provides for review and
withdraw his appeal the briefs had not yet been filed. The brief for the judgment by this Tribunal of all cases in which the death penalty shall
appellants was filed on July 31, 1975; that for the appellee was filed on have been imposed by a court of first instance, whether the defendant
November 25, 1975. shall have appealed or not.
ISSUE: W/N the withdrawal of the appeal renders the decision of the
court final
The appeal was directed to the Court of Appeals, but, in view of the
penalty involved, the records were forwarded to this Court on October
4, 1969. 5 On January 2, 1977, and May 8, 1978 after the case had
been submitted for decision on February 1, 1972 - appellants Felipe
Dueno and Sofronio Dueno, respectively, withdrew their appeals.
These withdrawals were allowed in resolutions dated January 2, 1977
and June 28, 1978.
The civil indemnity to the heirs of the deceased, however, was raised
from P6,000.00 to P12,000.00. The trial court's decision then
accordingly be modified.
G.R. Nos. L-16688-90 April 30, 1963 HELD: NO. It will be noted that although all the informations in the 27
falsification cases were uniformly worded, the numbers of the
People vs. Madrigal-Gonzales vouchers alleged to have been falsified and the amounts thereof are
different. We have in the three (3) cases, subject of the proceeding at
FACTS: This is an appeal interposed by the State against the decision bar, Voucher No. 4, dated September 3, 1955, for P2,275.00; Voucher
of Branch XVIII of the CFI of Manila, dismissing Criminal Cases Nos. No. 6, dated September 6, 1955, for P3,590.00 and Voucher No. 13,
36894, 36899 & 36904, all entitled "The People of the Philippines vs. dated September 6, 1955, for P3,410.00. The other informations also
Pacita Madrigal Gonzales, et al.", for falsification of official and public show different vouchers, dates and amounts. These undeniable facts,
documents. When the appeal was in the stage of preparation and alleged in the informations, evidently show that different acts of
submission of briefs, the Solicitor General presented with this Court a falsification were committed on different vouchers and covering
pleading captioned "MANIFESTATION AND PETITION FOR LEAVE TO distinct amounts. Each information did not refer to all said acts of
WITHDRAW APPEAL", instead of an appeal brief for the State, as falsification. Neither is there merit in the argument that said acts of
appellant. The above manifestation was opposed by the City Fiscal of falsification constituted a continuing offense, so as to have them all
Manila, Hermogenes Concepcion, Jr., who appeared in this Court, as prosecuted in only one information.
amicus curiae.
After the perfection of the instant appeal, however, and during the Moreover, under the facts and circumstances appearing in the record,
pendency hereof, Branch X of the Court of First Instance of Manila, the grounds upon which the appellees anchor their defense of double
presided by the Honorable Higinio Macadaeg, dismissed the jeopardy in the motion to quash, are not clear and indubitable. One
information in Criminal Case No. 36882 against the said accused- cannot build up the defense of double jeopardy on mere hypothesis.
appellees herein without their consent; while Branch XIII of the same
Court of First Instance, presided by the Hon. Bienvenido Tan, after G.R. No. 90294 September 24, 1991
presentation by the prosecution of the available evidence against the
same accused-appellees herein in Criminal Case No. 36885 for People vs Rio
falsification, dismissed the said case by finding all said accused
innocent, with costs de officio, in its decision promulgated on March FACTS: On 29 December 1989, the accused-appellant Ricardo Rio, in
24, 1960. ...." two (2) letters dated 14 December 1989, addressed to Division Clerk
of Court Fermin J. Garma and to Assistant Clerk of Court Tomasita M.
Dris, manifested his intention to withdraw the appeal due to his
poverty.
The Solicitor General is of the belief that the dismissals of the cases by
the three branches of the Manila CFI constituted double jeopardy and,
therefore, they are a bar to the further prosecution of the remaining 24
informations for falsification. Upon the other hand, the amicus curiae In the Comment filed by the Solicitor General, the action
claims that the appeal of the State is meritorious, there is no double recommended was for the Court to ascertain from the accused-
jeopardy; and the Orders granting the motions to quash (Cases Nos. appellant, through the clerk of court of the trial court, whether he
36894, 36899 and 36904) were erroneous. desired the appointment of a counselde oficio on appeal, in view of the
reasons stated by him for the withdrawal of his appeal, and inasmuch
as poverty should not preclude anyone from pursuing a cause.
It was also recommended that the clerk of court of the trial court be
required by the Court to submit the response of the accused-appellant
ISSUE: W/N the appeal should be granted along with a certificate of compliance with the duty imposed on him by
Section 13, of Rule 122 of the Rules of Court.
The branch clerk of the trial court submitted the reply of the accused-
appellant informing the Court that he was no longer interested in
pursuing his appeal and had, in fact, withdrawn his appeal. G.R. No. 92415 May 14, 1991
People vs Mapalao
HELD: YES. This right to a counsel de oficio does not cease upon the
conviction of an accused by a trial court. It continues, even during HELD: the Court, may "upon motion of the appellee or on its own
appeal, such that the duty of the court to assign a counsel de motion, dismiss the appeal if the appellant escapes from prison or
oficio persists where an accused interposes an intent to appeal. Even confinement or jumps bail or flees to a foreign country during the
in a case, such as the one at bar, where the accused had signified his pendency of the appeal." In this case, appellant Magumnang remained
intent to withdraw his appeal, the court is required to inquire into the at large even as his appeal was pending. Hence, by analogy his appeal
reason for the withdrawal. Where it finds the sole reason for the must be dismissed.
withdrawal to be poverty, as in this case, the court must assign a
counsel de oficio, for despite such withdrawal, the duty to protect the
rights of the accused subsists and perhaps, with greater reason. After
all, "those who have less in life must have more in law." 9 Justice
should never be limited to those who have the means. It is for The reason for this rule is because once an accused escapes from
everyone, whether rich or poor. Its scales should always be balanced prison or confinement or jumps bail or flees to a foreign country, he
and should never equivocate or cogitate in order to favor one party loses his standing in court and unless he surrenders or submits to the
over another. jurisdiction of the court he is deemed to have waived any right to seek
relief from the court.
People vs Bugnay
Sycip v CA G.R. No. L-38711. January 31, 1985.
Facts: Petitioner Francisco Sycip was convicted by the CFI
of Manila of the crime of estafa. The CA affirmed the trial
courts decision. Petitioner now claims that respondent
appellate court erred in denying him of a hearing, as
provided under Sec. 9, Rule 124, RoC and in not upholding
due process of law, as provided under Sec. 1 and 17, Bill of
Rights. He argues that respondent CA erred in denying him
his day in court notwithstanding his motion praying that
the appealed case be heard.
People v Cabiling
G.R. No. L-38091. December 17, 1976.
Facts: Respondent Napoleon Estavillo bought a Ford Fiera Joaquin v Navarro G.R. No. L-5426. May 29, 1953.
from World Cars, Inc. The vehicle was seized by two Facts: Three proceedings were instituted for the summary
employees of petitioner and the deputy sheriff of the RTC settlement of the estates of Joaquin Navarro, Sr., his wife
of Isabela. Respondent was told that he was in arrears for Angela Joaquin de Navarro, and Pilar Navarro. All of them
having been heard jointly, the judge handed down a single De La Cruz v Sosing
decision which was appealed in the CA, whose decision, G.R. No. L- 4875. November 27, 1953.
modifying that of the CFI, in turn was elevated to the SC Facts: Petitioner sought to recover the ownership and
for review. The modification of the lower courts findings is possession of a parcel of land. She alleged that
now being contested by petitioner. respondent, by means of force and violence, occupied the
land, thus depriving her of its possession. The
Issue: WON the evidence may be reviewed by the lower court held that petitioner is the owner of the land.
Supreme Court. The CA reversed the decision, holding that respondent had
already acquired the land by prescription.
Held: Yes. When the evidence is purely documentary, the
authenticity of which is not questioned and the only issue Issue: WON the Supreme Court can rectify the decision of
is the construction to be placed thereon, or where a case is the CA.
submitted upon agreement of facts,
of where all the facts are stated in the judgment and the Held: Yes. Where there is no question that the decision of
issue is the correctness of the conclusions drawn the CA is premised on a misapprehension of fact, not only
therefrom, the question of one of law which may be as pointed out in a motion for reconsideration, but as may
reviewed by the SC. be seen from the record on
appeal submitted to the SC, fairness requires that proper
rectification be made to give justice where justice is due.
This rectification the court can do in the exercise of its
discretion because it is a matter that
can be gleaned from the record.
Sumbingco v CA
G.R. No. L-45114. October 26, 1987.
Facts: Jepte Demerin filed with the Court of Agrarian
Relations a complaint against Apolonio Sumbingco,
seeking reinstatement as tenant on the latters haciendas. RULE 126
The Court of Agrarian Relations dismissed the complaint. Nolasco v Pano
On appeal, however, the CA reversed judgment of the G.R. No. L-69803. October 8, 1985.
Court of Agrarian Relations. Both Sumbingco and Demerin Facts: Petitioners Nolasco, Aguilar-Rosque and Tolentino
appealed by certiorari to the SC. were accused of rebellion. Petitioners principally assert
that the search warrant used in seizing 431 items
Issue: WON the findings of the CA are conclusive upon the belonging to them is void because it is a general warrant
SC. since it does not sufficiently describe with particularity the
things subject of the search and seizure, and that probably
Held: Yes. Appeals from the CA are not entertained as a cause has not been properly established for lack of
matter of routine, they may be rejected out of hand in the searching questions propounded to the applicants
exercise of the SCs sound judicial discretion. The findings witness. The respondents contend otherwise, adding that
of fact of the CA are conclusive on the SC, subject only to a the questions raised cannot be entertained without first
few well-defined exceptions. It is incumbent on the moving for the quashal of the disputed search warrant.
appellant to make out a sufficiently strong demonstration
of serious errors on the part of the CA, failing which, the Issue: WON the search warrant is in the nature of a general
SC will dismiss the appeal on the ground that it is without warrant.
merit.
Held: Yes. It thus infringes on the constitutional mandate
requiring particular description of things to be seized.
Hence, the search warrant issued by respondent Judge
Pano is annulled and set aside.
Burgos v Chief of Staff
G.R. No. 64261. December 26. 1984.
Facts: The validity of two search warrants issued by
respondent Judge Pano is assailed in this petition. Corro v Lising
Metropolitan Mail and We Forum were searched, and office G.R. L-69894. July 15, 1985.
and printing machines, equipment, Facts: Respondent RTC Judge Lising, upon application filed
paraphernalia, books, papers and documents alleged to be by Lt. Col. Castillo, issued a search warrant authorizing the
in the possession and control of petitioner Jose Burgos, Sr. search and seizure of items owned by the Philippine Times
were seized. Petitioners pray for the return of the seized which have been used as means
articles and that respondent be enjoined from using them of committing the crime of inciting to sedition. Petitioner
as evidence against petitioner Burgos. Petitioners assert filed a motion to recall the warrant and to return the
that although the warrants were directed against Burgos personal properties alleging that the properties seized
alone, articles belonging to his co-petitioners were seized. were not in any way connected with the offense of inciting
to sedition.
Issue: WON the search warrants are valid.
Issue: WON the search warrant is valid.
Held: No. Although Sec.2, Rule 126 of the RoC does not
require that the property to be seized should be owned by Held: No. The affidavit of Col. Castillo contained
the person against whom the search warrant is directed, statements which are mere conclusions of law and will not
the search warrants in question are void for being too satisfy the requirement of probable cause. They cannot
general. In the determination of whether a search warrant serve as basis for the issuance of a warrant, absent of the
describes the premises to be searched with sufficient evidence of probable cause. The search warrant was in the
particularity, it has been held that the executing officers nature of a general warrant which is constitutionally
prior knowledge as to the place intended in the warrant is objectionable, as was held in Stonehill v Diokno.
relevant.
Columbia Pictures, Inc. V. Flores G.R. No. 78631 contain a specific description of the place to be searched
and the articles sought to be seized must be described
Facts: The MPAA, through counsel lodged a complaint with particularity.
before the National Bureau of Investigation (NBI) against
certain video establishments for violation of Presidential
KHO V. MAKALINTAL G.R. No. 94902-06.
Decree No. 49 (Protection of Intellectual Property), in
connection with its anti-piracy campaign. Specifically Facts: NBI Agent Max B. Salvador applied for the issuance of search
complaining of the "unauthorized sale, rental, reproduction warrants by the respondent Judge against Banjamin V. Kho, now
and/or disposition of copyrighted film", the MPAA sought petitioner, in his residence at BF Homes, Paranaque. On the same day,
the NBI's "urgent assistance in the conduct of search and Eduardo T. Arugay, another NBI agent, applied with the same court for
the issuance of search warrants against the said petitioner in his house
seizure operations in Metro Manila and elsewhere". at Moonwalk, Paranaque. The search war-rants were applied for after
On the basis of said letter, NBI and private agents teams of NBI agents had conducted a personal surveillance and inves-
conducted discreet surveillance opera-tions on certain tigation in the two houses referred to on the basis of confidential
video establishments, among them private respondent FGT information they received that the said places were being used as
Video Network, Inc. (FGT). storage centers for unlicensed firearms and chop-chop vehicles.
Consequently, on May 14, 1987, NBI Agent III Lauro On the following day, armed with Search Warrants, NBI agents
C. Reyes, with Manalang and Rebec-ca Benitez-Cruz as searched subject premises at BF Homes, Paranaque, and they
witnesses, applied for a search warrant with the Regional recovered various high-powered firearms and hundreds of rounds of
Trial Court in Pasig. Upon the offer of these pieces of ammunition. Meanwhile, another search was conducted at the house
evidence, Judge Alfredo C. Flores of the aforesaid court, at Moonwalk, Pa-ranaque, by another team of NBI agents using the
other Search Warrants. The said second search yielded several high-
issued Search Warrant. On the same day, agents from the powered firearms with explosives and more than a thousand rounds of
NBI duly served Search Warrant on the opera-tors or am-munition. The simultaneous searches also resulted in the
representatives of FGT. confiscation of various radio and tele-communication equipment, two
The lower court resolved the doubt "against the units of motor vehicles (Lite-Ace vans) and one motorcycle. Upon
Government and in favor of a lawful busi-ness enterprise. verification, the NBI agents found out that no license has ever been
issued to any person or entity for the confiscated firearms in question.
Hence, the present recourse. Likewise, the radio agents found out that no license has ever been
issued to any person or entity for the confiscated firearms in question.
Issue: W/N the search warrant is valid Likewise, the radio tranceivers recovered and motor vehicles seized
turned out to be unlicensed and unregistered per records of the
Held: NO. The Search Warrant No. 45 fails to satisfy the government agencies concerned.
test of legality. The right to security against unreasonable Petitioners question the issuance of subject search warrants,
searches and seizures is guaranteed under Section 2, theorizing upon the absence of any probable cause therefor. They
Article III of the 1987 Constitution. Thus, Sections 3 and 4 contend that the surveillance and investigation conducted by NBI
of Rule 126 of the Rules of Court provide for the requisites agents within the premises involved, prior to the application for the
in the issuance of search warrants. search warrants under con-troversy, were not sufficient to vest in the
applicants personal knowledge of facts and circumstances showing or
indicating the commission of a crime by them (petitioners).
In issuing a search warrant, the judge must strictly comply
with the constitutional and statu-tory requirements. He Issue: Whether or not the search warrant is valid
must determine the existence of probable cause by
personally examining the applicant and his witnesses in Held:
YES. Records show that the NBI agents who conducted the
the form of searching questions. The search warrant must surveillance and investigation testified unequivocably that they saw
guns being carried to and unloaded at the two houses searched, and
motor vehicles and spare parts were stored therein. It is therefore
decisively clear that the application for the questioned search warrants
was based on the personal knowledge of the applicants and their
witnesses.
Held: NO. The search warrant violates Section 3, Rule 126 of the The validity of the issuance of a search warrant rests upon the
Revised Rules of Court, which prohibits the issuance of a search warrant following factors: (1) it must be issued upon probable cause; (2) the
probable cause must be determined by the judge himself and not by
for more than one specific offense. The caption of Search Warrant
the applicant or any other person; (3) in the determination of probable
reflects the violation of two special laws. Search Warrant No was cause, the judge must examine, under oath or affirmation, the
therefore a "scatter-shot warrant" and totally null and void. complainant and such witnesses as the latter may produce; and (4)
the warrant issued must particularly describe the place to be searched
Moreover, by their seizure of articles not described in the search and persons or things to be seized.
warrant, the police acted beyond the parameters of their authority under
the search warrant. Section 2, Article III of the 1987 Constitution requires There is no dispute herein that the second and third factors for a
that a search warrant should particularly describe the things to be seized. validly issued search warrant were complied with. What is left for the
Court to determine is compliance with the first and fourth factors, i.e.,
The same constitutional provision is also aimed at preventing violations of existence of probable cause; and particular description of the place to
security in person and property and unlawful invasions of the sanctity of be searched and things to be seized.
the home, and giving remedy against such usurpations when attempted.
Clearly then, the money which was not indicated in the search warrant, Judge Cortes found probable cause for the issuance of the Search
Warrant for accused-appellants residence after said judges personal
had been illegally seized from petitioner. The fact that the members of the examination of SPO2 Fernandez, the applicant; and Lad-ing and
police team were doing their task of pursuing subversives is not a valid Tudlong, the informants.
excuse for the illegal seizure. The presumption juris tantum of regularity
in the performance of official duty cannot by itself prevail against the Appellants assertion that the Search Warrant did not describe with
particularity the place to be searched. A description of the place to be
constitutionally protected rights of an individual. searched is sufficient if the officer serving the warrant can, with
PEOPLE V. TUAN G.R. No. 176066 reasonable effort, ascertain and identify the place intended and
Facts: Two separate Informations were filed before the RTC against distinguish it from other places in the community. A designation or
accused-appellant for illegal possession of marijuana and illegal description that points out the place to be searched to the exclusion of
possession of firearm. Two male informants namely, Jerry Tudlong and all others, and on inquiry unerringly leads the peace officers to it,
Frank Lad-ing arrived at the office of CIDG (Criminal Investigation and satisfies the constitutional requirement of definiteness. In the case at
Detention Group) and reported to SPO2 Fernandez, Chief of the Station bar, the address and description of the place to be searched in the
Drug Enforcement Unit (SDEU), that a certain Estela Tuan had been Search Warrant was specific enough.
selling marijuana.SPO2 Fernandez set out to verify the report of
Tudlong and Lad-ing and filed the Application for a Search Warrant
before Judge Cortes. Judge Cortes personally examined SPO2
ASIAN SURETY and INSURANCE COMPANY, INC V. HERRERA G.R. detailed receipt of the things seized. In the seizure of two carloads of
No. L-25232 documents and other papers, the possibility that the respondents took
away private papers of the petitioner, in violation of his constitutional
Facts: On October 27, 1965, respondent Judge Herrera, upon the sworn rights, is not remote, for the NBI agents virtually had a field day with the
application of NBI agent Celso Zoleta, Jr. supported by the deposition of broad and unlimited search warrant issued by respondent Judge as their
his witness, Manuel Cuaresma, issued a search warrant in connection passport.
with an undocketed criminal case for estafa, falsification, insurance fraud,
and tax evasion, against the Asian Surety and Insurance Co. PEOPLE V. PEA G.R. No. 104947
Armed with the search warrant Zoleta and other agents assigned to the Facts: At the time of the alleged rape, Erly Rose P. Marasigan was a nine
Anti-graft Division of the NBI entered the premises of the Republic (9) year old third-grade student. On school days, she would take a
Supermarket Building and served the search warrant upon Atty. Alidio of shortcut using an alley between her school and her home. As she passed
the insurance company, in the presence of Mr. William Li Yao, president by, he grabbed her left arm with both of his hands, pulled her towards a
and chairman of the board of directors of the insurance firm. After the grassy area and threatened bodily harm if she would not keep quiet.
search they seized and carried away two (2) carloads of documents,
papers and receipts. According to the testimonies of both the complainant and the accused-
appellant, he did not have an erection and was unable to insert his penis
Issue: W/N the search warrant is valid into her vagina. Failing in this, the accused-appellant instead fondled his
victim's vagina and inserted his finger into the vaginal orifice.
Held:
Accompanied by her father and some neighbors, she thereafter narrated
NO. In the case at bar, the search warrant was issued for four separate the details of the attack to the Valenzuela Police on the same day. The
and distinct offenses of : (1) estafa, (2) falsification, (3) tax evasion and original information charged with him Attempted Rape but was later
(4) insurance fraud, in contravention of the explicit command of Section changed to Statutory Rape. RTC found him guilty as charged.
3, Rule 126, of the Rules providing that: "no search warrant shall issue for
more than one specific offense. Issue: W/N the accused should be charged with Statutory Rape and not
Attempted Rape
What is plain and clear is the fact that the respondent Judge made no
attempt to determine whether the property he authorized to be searched Held: NO. Rape is committed by having carnal knowledge of a woman.
and seized pertains specifically to any one of the three classes of The gravamen of the offense of statutory rape as provided for in Article
personal property that may be searched and seized under a search 335, paragraph 3 of the Revised Penal Code is carnal knowledge of a
warrant under Rule 126, Sec. 2 of the Rules. The respondent Judge woman below 12 years old. In the case at bench, there was an attempt,
simply authorized search and seizure under an omnibus description of which the accused-appellant does not deny, but carnal knowledge did not
the personal properties to be seized. actually occur.
Petitioners WWC and Cherryll Yu, and Planet Interne filed their
Held: Yes. The executive branch of the Phils has expressly recognized respective motions to quash the search warrants, citing basically the
that Verstuyft is entitled to diplomatic immunity, pursuant to the provisions same grounds: (1) the search warrants were issued without probable
cause, since the acts complained of did not constitute theft; (2) toll suspicion that they were acquired in exchange for shabu. Appellant
bypass, the act complained of, was not a crime; (3) the search insists that the shabu found in his room was planted. He points out
warrants were general warrants; and (4) the objects seized pursuant
thereto were "fruits of the poisonous tree."
variances in the testimonies of the prosecution witnesses which
cast doubt on his culpability. More importantly, appellant assails the
The RTC granted the motions to quash on the ground that the warrants validity of the search warrant as it did not indicate his exact
issued were in the nature of general warrants. CA reversed and set address but only the barangay and street of his residence. He
aside the assailed RTC Resolutions and declared the search warrants maintains that none of the occupants witnessed the search as they
valid and effective.
were all kept in the living room. Finally, appellant questions why the
Issues: W/N there is probable cause for the issuance of the search prosecution did nit call the barangay officials as witnesses to shed
warrant light on the details of the search.
Held: YES. In the issuance of a search warrant, probable cause requires Issue: Whether or not the search warrant issued is valid.
"such facts and circumstances that would lead a reasonably prudent
man to believe that an offense has been committed and the objects Held: In the case at bar, the search warrant specifically authorized
sought in connection with that offense are in the place to be
the taking of shabu and paraphernalia only. By the principle of
searched." There is no exact test for the determination of probable
cause in the issuance of search warrants. It is a matter wholly ejusdem generis where a statute describes things of a particular
dependent on the finding of trial judges in the process of exercising class or king accompanied by words of a generic character, the
their judicial function. They determine probable cause based on generic word will usually be limited to things of a similar nature with
"evidence showing that, more likely than not, a crime has been those particularly enumerated, unless there be something in the
committed and that it was committed" by the offender. context of the statement which would repel such inference. Thus
When a finding of probable cause for the issuance of a search warrant
we are here constrained to point out an irregularity in the search
is made by a trial judge, the finding is accorded respect by reviewing conducted. Certainly, the ladys wallet, cash. grinder, camera,
courts: component, speakers, electric planer, jigsaw, electric tester, saws,
It is presumed that a judicial function has been regularly performed, hammer, drill, and bolo were not encompassed by the word
absent a showing to the contrary. A magistrates determination of paraphernalia as they bear no relation to the use or manufacture of
probable cause for the issuance of a search warrant is paid great
drugs. In seizing the said items then, the police officers exercised
deference by a reviewing court, as long as there was substantial basis
for that determination. Substantial basis means that the questions of their own discretion and determined for themselves which items in
the examining judge brought out such facts and circumstances as appellants residence they believed were proceeds of the crime or
would lead a reasonably discreet and prudent man to believe that an means of committing the offense
offense has been committed, and the objects in connection with the
offense sought to be seized are in the place sought to be searched.
Facts: LBPS and IID Mobile Force conducted a search in the Harvey V Santiago G.R. No. 82544 June 28, 1988
house of Raul R. Nuez based on reports of drug possession.
Before proceeding to appellants residence the group summoned Facts: Petitioners were among the 22 suspected alien pedophiles
Barangay Captain Mario Mundin and Chief Tanod Alfredo Joaquin who were apprehended after three months close surveillance by
to assist them in serving the search warrant. While conducting the the CID agents in Pagsanjan Laguna. Two days after apprehension
search SPO1 Ilagan found 31 packets of shabu, lighters, 17 opted for self deportation, one released for lack of evidenced,
improvised burners, tooters and aluminum foil with shabu residue. one was charged by another offense, working without a valid
The group also confiscated a component, camera, electric planner, working visa. Thus, three was left to face the deportation
grinder, drill, jigsaw, electric tester and assorted carpentry tools on proceedings. Seized during petitioners apprehension were rolls of
photo negatives and photos of the suspected child prostitute shown Administrator Tomas Achacoso issued a Closure and Seizure
in salacious poses as well as boys and girls engaged in the sexual Order No. 1205 to petitioner. It stated that there will a seizure of the
act. There were also posters and other literatures advertising the documents and paraphernalia being used or intended to be used
child prostitution. Warrant of arrest was issued by respondent as the means of committing illegal recruitment, it having verified
against petitioners for violation of Sec 37, 45 and 46 of the that petitioner has (1) No valid license or authority from the
Immigration act and sec. 69 of the revised administrative code. Department of Labor and Employment to recruit and deploy
workers for overseas employment; (2) Committed/are committing
Issue: Whether or not the Philippines immigration act clothed the acts prohibited under Article 34 of the New Labor Code in relation
commissioner with any authority to arrest and detained petitioner to Article 38 of the same code. A team was then tasked to
pending determination of the existence of a probable cause. implement the said Order. The group, accompanied by mediamen
and Mandaluyong policemen, went to petitioners residence. They
Held: The Supreme court held that there can be no question that served the order to a certain Mrs. For a Salazar, who let them in.
the right against unreasonable search and seizure is available to all The team confiscated assorted costumes. Petitioner filed with
persons, including aliens, whether accused of a crime or not. One POEA a letter requesting for the return of the seized properties,
of the constitutional requirement of a valid search warrant or because she was not given prior notice and hearing. The said
warrant of arrest is that it must be based upon probable cause. The Order violated due process. She also alleged that it violated sec 2
arrest of petitoners was based on probable cause determined after of the Bill of Rights, and the properties were confiscated against
close surveillance for three months during which period theire her will and were done with unreasonable force and intimidation.
activities were monitored. The existence probable cause justified
the arrest and the seizure of the photo negatives, photographs and Issue: Whether or Not the Philippine Overseas Employment
posters without warrant. Those articles were seized as an incident Administration (or the Secretary of Labor) can validly issue
to a lawful arrest and, are therefore admissble in evidence. But warrants of search and seizure (or arrest) under Article 38 of the
even assuming arguendo that the arrest of petitoners was not valid Labor Code
at its inception, the records show that formal deportation charges
have been filed against them as undesirable aliens. That Held: Under the new Constitution, no search warrant or warrant
petitioners were not "caught in the act" does not make their arrest of arrest shall issue except upon probable cause to be determined
illegal. Petitioners were found with young boys in their respective personally by the judge after examination under oath or affirmation
rooms, the ones with John Sherman being naked. Under those of the complainant and the witnesses he may produce, and
circumstances the CID agents had reasonable grounds to believe particularly describing the place to be searched and the persons or
that petitioners had committed "pedophilia" defined as things to be seized. Mayors and prosecuting officers cannot issue
psychosexual perversion involving children" warrants of seizure or arrest. The Closure and Seizure Order was
based on Article 38 of the Labor Code. The Supreme Court held,
We reiterate that the Secretary of Labor, not being a judge, may
no longer issue search or arrest warrants. Hence, the authorities
Salazar v. Achacoso G.R. No. 81510 must go through the judicial process. To that extent, we declare
Article 38, paragraph (c), of the Labor Code, unconstitutional and
Facts: Rosalie Tesoro of Pasay City in a sworn statement filed with of no force and effect... The power of the President to order the
the POEA, charged petitioner with illegal recruitment. Public arrest of aliens for deportation is, obviously, exceptional. It (the
respondent Atty. Ferdinand Marquez sent petitioner a telegram power to order arrests) cannot be made to extend to other cases,
directing him to appear to the POEA regarding the complaint like the one at bar. Under the Constitution, it is the sole domain of
against him. On the same day, after knowing that petitioner had no the courts. Furthermore, the search and seizure order was in the
license to operate a recruitment agency, public respondent nature of a general warrant. The court held that the warrant is null
and void, because it must identify specifically the things to be in cash. However he did not reveal the names of the persons who
seized. gave him the money, and he begged at that time not be made to
name names. He was later on hospitalized due to an indisposed
condition, he later on released a sworn statement addressed to the
Committee on Privileges mentioning the names of the persons who
gave him the "payola" Then First lady Mrs Imelda Marcos was
among others who was implicated in Quintero's sworn statement.
President Marcos later on went on air to denounce Mr. Quintero.
Mr. Marcos later on issued a statement to the NBI to raid the house
of Quintero and seized bundles of money amounting to P379, 000.
The NBI later on filed with the City Fiscal of Pasay a criminal
complaint for direct bribery against Delegate Quintero.
Facts: Delegate Quintero disclosed that on different occasions. Vlason Enterprise Corp. vs. Court of Appeals / G.R. No. 121662
certain persons had distributed money to some delegates of the Facts:
Con-Con, apparently in an effort to influence the delegates in the A civil action for for the recovery of possession of two
discharge of their functions. He revealed the aggregate amount of pieces of salvaged bronze propellers of a sunken vessel
the "payola" which he himself had received, the amount of P11,150 was instituted by Sosuan, as buyer, against the seller, Lo
Bu and against all persons from which Lo Bu purchased the 9165. Brodett later filed a motion to return non-drug
propeller. evidence. He averred that during the arrest, the PDEA had
Issue: seized several personal non-drug effects from him
Whether or not the absence of a criminal prosecution in including a car. PDEA refused to return his personal effects.
the court receiving or issuing a search warrant makes the The Office of the Prosecutor objected to the return of the
filing of a civil suit necessary. car because it appeared to be the instrument in the
Ruling: commission of the violation due to its being the vehicle
Yes. It does not itself furnish basis for or warrant the used in the transaction and sale of dangerous drugs.
transfer of possession from one party to the other in the
civil action. The theory that the act of one branch of a Issue: Whether or not the seizure of personal effects is
Court of First Instance may be deemed to be the act of lawful
another branch of the same court is, upon its face, absurd.
It flies in the teeth of the all too familiar actuality that each Ruling: Yes. Personal property may be seized in
branch is a distinct and separate court, exercising connection with a criminal offense either by the authority
jurisdiction over the cases assigned to it to the exclusion of of a search warrant or as a product of a search incident to
all other branches. a lawful arrest. The personal effects of Brodett are in
custodia legis. To release it before the judgment would be
to deprive the trial court and the parties access to it as
evidence.
Facts: One night, Enrique Manarang noticed the accused appellants car Facts: Jesus De Guzman, Danilo Castro, and Delfin Catap were
running fast. After a while, a screech of tires was heard and thus, made charged with Murder. Said incident happened on November 16,
the officer run out and investigate. Not so long, the car continued to run, 1984 when appellants attacked and wounded a male Filipino
so a hot-pursuit took place. Manarang then radioed the incident to the inflicting upon him several wounds. and as a resulting to his
Police.When the car was put to a stop, the driver rolled down the
death.Only De Guzman and Castro were arrested, while Catap
windows with his hands raised. The officers then noticed that it was the
famous actor, Robin Padilla. While apprehended, because of the hit-and-
remains at large. Adelia Angeles, a witness for the prosecution,
run incident, the police saw the revolver tucked in the left waist of Robin. testified that at arounf ten o' clock in the evening of November 16,
So, the police insisted that the gun be shown in the office if it was legal. 1984 she was awakened by moaning sounds outside her house.
The crowd had formed and Robin was shaking their hands and pointing Thinking that the person moaning was her brother-in- law, she went
to the police while saying iyan kinuha ang baril ko, as if it was in the down to investigate and it was then she an unknown person tied to
movies. The gesture then revealed a magazine clip of a rifle which made an ipil-ipil tree being slapped by accused Delfin. Angeles further
the police suspect that there is a rifle inside the vehicle. Then the rifle stated that the unknown person was pleading for mercy and that
was seen. The other firearms were voluntarily surrendered by upon seeing her the 3 accused untied the man and brought him
Robin.Now, Robins defense was that his arrest was illegal and towards the direction of the Pasig River. At around 11 of the same
consequently, the firearms and ammunitions taken in the course thereof evening Delfin returned to their house and told her and her
are inadmissible in evidence under the exclusionary rule.Robin Padilla
husband that they killed the man by smashing his face with a stone
was arrested, tried, and convicted for illegal possession of firearms. He
was in possession of a .357 caliber revolver, Smith and Wesson with 6
and warned them not to report to the authorities.
live ammunitions, One M-16 baby Armalite Rifle with ammunitions, One .
380 Pietro Barreta with 8 live ammunitions, and six live double action Issue; Whether the accused-appellants arrest was illegal as it was
ammunitions of .38 caliber revolver. effected without a warrant of arrest.
Issue: Whether or not the search was incident to a lawful arrest Held: No. The legality of the arrest need not be discussed,
considering that in People v. Rabang, this Court has held that any
Held: Yes. In conformity with respondent court's observation, it indeed irregularity attendant to an arrest is considered cured when he
appears that the authorities stumbled upon petitioner's firearms and voluntarily submitted himself to the jurisdiction of the trial court by
ammunitions without even undertaking any active search which, as it is entering his plea and participating in the trial. The alibi of the
commonly understood, is a prying into hidden places for that which is accused-appellants deserves scant consideration since both of
concealed. The seizure of the Smith & Wesson revolver and an M-16 rifle them alleged being in their respective houses in the immediate
magazine was justified for they came within "plain view" of the policemen
vicinity of the crime scene. As the Solicitor General correctly states,
who inadvertently discovered the revolver and magazine tucked in
petitioner's waist and back pocket respectively, when he raised his hands
the mitigating circumstance of voluntary surrender should not be
after alighting from his Pajero. The same justification applies to the appreciated since both appellants were arrested. Likewise, it is
confiscation of the M-16 armalite rifle which was immediately apparent to correctly pointed out that the qualifying circumstances of evident
the policemen as they took a casual glance at the Pajero and saw said premeditation and treachery have not been proved thus the
rifle lying horizontally near the driver's seat.Thus it has been held crime committed is homicide and not murder.
that:"(W)hen in pursuing an illegal action or in the commission of a
criminal offense, the . police officers should happen to discover a criminal
offense being committed by any person, they are not precluded from
performing their duties as police officers for the apprehension of the guilty
person and the taking of the corpus delicti.""Objects whose possession
are prohibited by law inadvertently found in plain view are subject to
seizure even without a warrant."
People v. Musa 217 SCRA 609 apparent from the plain view of said object.
Facts: A civilian informer gave the information that Mari Musa was People v Rodriguez
engaged in selling marijuana in Suterville, Zamboanga City. Sgt. Ani was
ordered by NARCOM leader T/Sgt. Belarga, to conduct a surveillance Facts: Major Florencio Junio acting upon an information given by a
and test buy on Musa. The civilian informer guided Ani to Musas house confidential informer that accused-appellant Dante Marcos was
and gave the description of Musa. Ani was able to buy one newspaper- selling marijuana at Holy Ghost Hill Baguio City, organized on
wrapped dried marijuana for P10.00. December 4, 1985 a "buy bust" operation. Serafin Artizona pose as
a buyer of the prohibited stuff together with the confidential
The next day, a buy-bust was planned. Ani was to raise his right hand if
informant and the back up team. Dante Marcos denied the
he successfully buys marijuana from Musa. As Ani proceeded to the
house, the NARCOM team positioned themselves about 90 to 100 accusation against him and claimed that the sack of marijuana
meters away. From his position, Belarga could see what was going on. belonged to a certain Ronald Bayogan a student that he was only
Musa came out of the house and asked Ani what he wanted. Ani said he at the scene because he was asked to entertain 3 visitors of him
wanted more marijuana and gave Musa the P20.00 marked money. Musa while he go somewhere for a while. He was introduced to the 3
went into the house and came back, giving Ani two newspaper wrappers visitors and when one of the visitors saw the content of the sack he
containing dried marijuana. Ani opened and inspected it. He raised his said "Ok, I'll pay it" That when the NARCOM agents emerged and
right hand as a signal to the other NARCOM agents, and the latter moved arrested them.
in and arrested Musa inside the house. Belarga frisked Musa in the living
room but did not find the marked money (gave it to his wife who slipped Issue: Whether or not arrest of accused-appellant was incident to a
away). T/Sgt. Belarga and Sgt. Lego went to the kitchen and found a lawful arrest
cellophane colored white and stripe hanging at the corner of the kitchen.
They asked Musa about its contents but failed to get a response. So they Held: Artizona's testimony was corroborated by the "buy-bust"
opened it and found dried marijuana leaves inside. Musa was then operation team who confirmed that appellant was truly a marijuana
placed under arrest.
dealer. The commission of the offense of illegal sale of marijuana
Issue: Whether or Not the seizure of the plastic bag and the marijuana requires merely the consummation of the selling transaction In the
inside it is unreasonable, hence, inadmissible as evidence. case at bar, the appellant handed over the blue sack containing the
ten kilos of marijuana upon the agreement with Artizona to
Held: Yes. It constituted unreasonable search and seizure thus it may not exchange it for money. The circumstances show that there was an
be admitted as evidence. The warrantless search and seizure, as an agreement between the poseur-buyer and the appellant to
incident to a suspects lawful arrest, may extend beyond the person of consummate the sale. The fact that the appellant returned with the
the one arrested to include the premises or surroundings under his amount of marijuana corresponding to the aforesaid price suffices
immediate control. Objects in the plain view of an officer who has to constitute if not sale, then delivery or giving away to another and
that view are subject to seizure and
the right to be in the position to have distribution of the prohibited drug. What is important is the fact that
may be presented as evidence. The plain view doctrine is usually
the poseur-buyer received the marijuana from the appellant and
applied where a police officer is notsearching for evidence against the
accused, but nonetheless inadvertently comes across an incriminating that the contents were presented as evidence in court. Proof of the
object. It will not justify the seizure of the object where the incriminating transaction suffices.Neither can the appellant aver that no
nature of the object is not apparent from the plain view of the consideration or payment was made. It is true that police officers
object. did not have the amount of P1,600 with them to buy marijuana from
the appellants during the incident. Be that as it may, it was not
In the case at bar, the plastic bag was not in the plain view of the indispensable for their operation. Sgt,. Raquidan went through the
police. They arrested the accused in the living room and moved into the motion as a buyer and his offer was accepted by the appellant who
kitchen in search for other evidences where they found the plastic bag. produced and delivered the marijuana. There was no need to hand
Furthermore, the marijuana inside the plastic bag was not immediately
the marked money to the appellants in the payment thereof. The presence of hashish in the trunk of the car or that they saw
crime was consummated by the delivery of the goods. the same before it was seized.
People vs. Usana / G.R. No. 129756-58 (Justice Davide Jr.)
Facts: Some law enforcers of the Makati Police were
manning a checkpoint at the South Luzon Expressway
(SLEX). They were checking the cars going to Pasay City,
stopping those they found suspicious. At about past
midnight, they stopped a Kia Pride car and one of them
saw a long firearm at the passenger seat, who was later
identified as Virgilio Usana. The three passengers were thereafter People. V. Che Chung Ting 328 SCRA 592
brought to the police station and since SPO4 de los Santos was suspicious
Facts:
of the vehicle, he requested Escao to open the trunk which he agreed
They noticed a blue bag inside it, which they asked Escao Following a series of buy-bust operations, Mabel Cheung
to open. The bag contained a parcel wrapped in tape, Mei Po was apprehended as a suspected drug dealer. She
which, upon examination by National Bureau of revealed the name of Che Chung Ting as the source of the
Investigation Forensic Chemist, was found positive for drugs. Thus, a team of agents was deployed for the latters
hashish entrapment. Mabel went to Unit 122 at the place and the
agents saw the door open as a man went out to hand
Issue: Whether or not this was an illegal search or seizure
Mabel transparent plastic bag containing a white
crystalline substance. The NARCOM agents immediately
Ruling: No. PO3 Suba admitted that they were merely
alighted and arrested the man. Unit 122 was searched and
stopping cars they deemed suspicious, such as those
a bleck bag containing several plastic bags containing a
whose windows are heavily tinted just to see if the
white crystalline substance was seized in an open cabinet
passengers thereof were carrying guns. Jurisprudence
in the second floor. The contents were later tested and
recognizes six generally accepted exceptions to the
found positive for shabu.
warrant requirement: (1) search incidental to an arrest; (2)
search of moving vehicles; (3) evidence in plain view; (4) Issue:
customs searches; (5) consented warrantless search; and
(6) stop-and-frisk situations. Even though there was ample Whether the search and seizure was lawful
opportunity to obtain a search warrant, we cannot
invalidate the search of the vehicle, for there are Held:
indications that the search done on the car of Escao was
consented to by him. No fact was adduced to link Usana No. Although the case falls within a search incidental to an
and Lopez to the hashish found in the trunk of the car. arrest, Che Chung Ting was admittedly outside of Unit 122.
Their having been with Escao in the latters car before the The inner portion of the house can hardly be said to
"finding" of the hashish sometime after the lapse of an constitute a permissible area within his reach or immediate
appreciable time and without their presence left much to control, to justify a warrantless search therein. However,
be desired to implicate them to the offense of selling, this does not totally exonerate the accused. He was caught
distributing, or transporting the prohibited drug. In fact, in flagrante delicto. His arrest was lawful and the shabu,
there was no showing that Usana and Lopez knew of the being the fruit of the crime was admissible in evidence.
"area within his immediate control" because there was no way for him
to take any weapon or to destroy any evidence that could be used
against him. The arresting officers would have been justified in
searching the person of Valeroso, as well as the tables or drawers in
front of him, for any concealed weapon that might be used against the
former. But under the circumstances obtaining, there was no
comparable justification to search through all the desk drawers and
cabinets or the other closed or concealed areas in that room itself. It is
worthy to note that the purpose of the exception (warrantless search
as an incident to a lawful arrest) is to protect the arresting officer from
being harmed by the person arrested, who might be armed with a
concealed weapon, and to prevent the latter from destroying evidence
within reach. The exception, therefore, should not be strained beyond
what is needed to serve its purpose. In the case before us, search was
made in the locked cabinet, which cannot be said to have been within
Valerosos immediate control. Thus, the search exceeded the bounds
ValerosovCourtofAppealsG.R.No.164815 of what may be considered as an incident to a lawful arrest.
Held:
Yes. The seizure was valid. Under the plain view doctrine,
objects failling un the plain view of an officer who has a
right to be in the position to have that view are subject to
seizure and may be presented as evidence. Hence, the
police officers were justified in seizing the firearms