WILSON FENIX, REZ CORTEZ and ANGELITO SANTIAGO, Petitioners, vs. THE HONORABLE COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES, Respondents (original) (raw)
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Republic of the Philippines SUPREME COURT Manila SECOND DIVISION
Presented before Us is a special civil action for certiorari against the Honorable Judge Ignacio Almodovar of the City Court of Legaspi, Branch 1, Legaspi City, raising beautiful questions of law which We are tasked to resolve. Considering the issues and arguments raised by petitioner, We impleaded the People of the Philippines as party respondents herein in a resolution dated 17 September 1986 (p. 41, Rollo).
. IBP Pangasinan Legal Aid vs. DOJ, G.R. No. 232413, July 25,
This is a petition for the issuance of writ of habeas corpus with a petition for declaratory relief filed by the Integrated Bar of the Philippines (IBP) Pangasinan Chapter Legal Aid, pursuant to its purpose, as stated in "In the Matter of the Integration of the Bar of the Philippines," issued by the Supreme Court on January 9, 1973, and the provisions under Guidelines Governing the Establishment and Operation of Legal Aid Offices in All Chapters of the Integrated Bar of the Philippines (Guidelines on Legal Aid). Department Circular No. 50 On December 18, 2015, D.C. No. 50 was issued by then Secretary of Justice (SOJ), now Associate Justice Alfredo Benjamin S. Caguioa of this Court. In brief, D.C. No. 50 stated that a person with a pending case for automatic review before the DOJ shall be released immediately if the review is not resolved within a period of 30 days, to wit: 9. All cases subject to automatic review shall be resolved by the Office of the Secretary within thirty (30) days from the date the complete records are elevated to this Department in order to give the concerned signatory of the review resolution sufficient time to study the case, the reviewing prosecutor to whom the case is assigned is mandated to submit his recommendation to the concerned signatory ten (10) days before the thirty (30) day deadline. The docket section of this Department is also directed to monitor compliance with the periods prescribed herein. If the case subject of the automatic review is not resolved within thirty (30) days, then the respondent shall be immediately released from detention pending automatic review, unless the respondent is detained for other causes. D.C. No. 50 also directed all heads of prosecution offices to immediately issue corresponding release orders in favor of respondents, whose cases are still pending automatic review before the Office of the Secretary, beyond the 30 day period, unless they are detained for other causes.
000.00) without subsidiary imprisonment in case of insolvency.1 âwp hi1.n êt Accused Basher Bongcarawan y Macarambon was charged in an Information which reads, thus: "That on or about March 13, 1999, in the City of Iligan, Philippines, and within the jurisdiction of this Honorable Court, the said accused, without authority of law, did then and there wilfully, unlawfully and feloniously have in his possession, custody and control eight (8) packs of Methamphetamine Hydrochloride, a regulated drug commonly known as Shabu, weighing approximately 400 grams, without the corresponding license or prescription. Contrary to and in violation of Section 16, Article III of RA 6425, otherwise known as the Dangerous Drugs Act of 1972, as amended by RA 7659." 3 During the arraignment, the accused pleaded not guilty. Trial ensued. Evidence for the prosecution shows that on March 11, 1999, an interisland passenger ship, M/V Super Ferry 5, sailed from Manila to Iligan City. At about 3:00 a.m. on March 13, 1999, the vessel was about to dock at the port of Iligan City when its security officer, Mark Diesmo, received a complaint from passenger Lorena Canoy about her missing jewelry. Canoy suspected one of her copassengers at cabin no. 106 as the culprit. Diesmo and four (4) other members of the vessel security force accompanied Canoy to search for the suspect whom they later found at the economy section. 4 The suspect was identified as the accused, Basher Bongcarawan. The accused was informed of the complaint and was invited to go back to cabin no. 106. With his consent, he was bodily searched, but no jewelry was found. He was then escorted by two (2) security agents back to the economy section to get his baggage. The accused took a Samsonite suitcase and brought this back to the cabin. When requested by the security, the accused opened the suitcase, revealing a brown bag and small plastic packs containing white crystalline substance. Suspecting the substance to be "shabu," the security personnel immediately reported the matter to the ship captain and took WHEREFORE, the decision of the Regional Trial Court of Iligan City, Branch 06, in Criminal Case No. 06-7542, convicting accused-appellant Basher Bongcarawan of violation of Section 16, Article III of Republic Act No. 6425, as amended, and sentencing him to suffer the penalty of Reclusion Perpetua and to pay a fine of Five Hundred Thousand Pesos (P500,000.00) without subsidiary imprisonment in case of insolvency, is AFFIRMED.
. Flores vs. People, G.R. No. 247635, December 9,
People of the Philippines).-Petitioners seek a verdict of acquittal from the Court via the present Petition for Review on Certiorari. They fault the Court of Appeals for affirming the verdict of conviction against them for violation of Section 11, Article II of Republic Act No. 9165 (RA 9165) despite first, their alleged illegal wanantless anest, and second, the alleged absence of a representative from the Department of Justice (DOJ) or media during the inventory and photographing of the seized items. In its Comment' dated December 6, 2019, the Office of the Solicitor General (OSG) asserts that the prosecution had sufficiently proved beyond reasonable doubt all the elements of the crime charged including the integrity and evidentiary value of the seized illegal drugs. Issue Did the Court of Appeals en when it affirmed petitioners' conviction for violation of Section 11 (Illegal Possession of Dangerous Drugs) of Art. II of RA 9165? Ruling On petitioners Jhany Flores y Cabreros and Leonardo Sarmiento y Tupasi's wanantless arrest, suffice it to state that any objection involving 1 Rollo, pp. 130-145.