ZALDIVAR-PEREZ VS. SANDIGANBAYAN, G.R. No. 204739, 2019   TOPIC/DOCTRINE The right to a speedy disposition of cases  i s deemed violated  o nly when the proceedings   a re   attended   by   vexatious,   capricious,   and   oppressive delays.     FACTS A Complaint-Affidavit dated April 28, 2006 for Unlawful Appointment. Tamboong alleged that petitioner Perez appointed Atty. Eduardo S. Fortaleza (Fortaleza) on January 30, 2006 as the Provincial Legal Officer of the province despite knowing that he did not meet the minimum requirement of five (5) years in the practice of law under Section 481, Article XI, Title V of the Local Government Code of 1991.   From the foregoing facts, approximately six years had elapsed from May 17, 2006, the time when the complaint-affidavit was filed before the OPP-Antique, until May 24, 2012, when the case was filed before the  Sandiga n bayan . The OPP-Antique too alm...

GRANA VS. PEOPLE G.R. No. 202111, 2019   TOPIC/DOCTRINE Section 11(a), 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 he judgment of the appellate court is favorable and applicable to the latter.”    FACTS Complainant filed before the MeTC, an Information 5   for malicious mischief against Teddy Grana (Teddy), Gil Valdes 6  (Gil), Ricky Dimaganti (Ricky), Olive Grana (Olive), and Teofilo Grana (Teofilo), and another Information for Other Forms of Trespass to Dwelling, docketed only against Teddy, Gil and Ricky. The MeTC rendered a Joint Decision finding all accused guilty beyond reasonable doubt of the crime of Malicious Mischief, while Teddy and Gil were both convicted of Other Forms of Trespass. The RTC affirmed  in toto  the findings of the MeTC. The CA affirmed the conviction of Teddy, Gil, Olive and Teofilo for the ...

PEOPLE VS. PANIS, G.R. NO. 218130, FEBRUARY 14, 2018   TOPIC/DOCTRINE FACTS Fernandez testified that he was brought to the Binmaley Police Station at 6:00 a.m. on June 16, 2011 and was asked if he was the one responsible for the crime and if he would rather admit the same.[18] Despite the fact that he was already considered as a suspect of the crime, Fernandez was not assisted by a lawyer at that time. Atty. Francisco only arrived past 1:00 p.m. after Fernandez had already been subjected to questioning by the police officers starting 6:00 a.m. [19] Thus, prior to 1:00 p.m., while Fernandez was in the custody of the Binmaley police and under investigation as a suspect, he was not able to confer with any lawyer. According to Fernandez, his extrajudicial confession cannot be used against him since the same was inadmissible. He further claims that there was insufficient circumstantial evidence against him and that the prosecution failed to establish conspiracy. Fernandez in...

PEOPLE V. BAYOTAS, G.R. NO. 102007, 2 SEPTEMBER 1994   TOPIC/DOCTRINE Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon . Where the civil liability survives, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended.   FACTS In Criminal Case No. C-3217 filed before Branch 16, RTC Roxas City, Rogelio Bayotas y Cordova was charged with Rape and eventually convicted thereof on June 19, 1991 in a decision penned by Judge Manuel E. Autajay. Pending appeal of his conviction, Bayotas died on February 4, 1992 at the National Bilibid Hospital due to cardio respiratory arrest secondary to hepatic encephalopathy secondary to hipato carcinoma gastric malingering. Consequently, the Supreme Court in its Resolution of May 20, 1992 dismissed the criminal aspect of...

PEOPLE V. GARDON-MITOY, G.R. NO. 223140, 4 SEPTEMBER 2019   TOPIC/DOCTRINE A lawful arrest must precede a warrantless search conducted upon the personal effects of an individual. The process cannot be reversed. Hence, the search must rest on probable cause existing independently of the arrest.   FACTS Based on the alleged tip from the unidentified informant to the effect that the accused-appellant would be transporting dangerous drugs onboard a Charing 19 shuttle van with plate number VRA 698, the police officers had set up a checkpoint on the National Highway in  Barangay  Malatgao in Narra, Palawan. There, PO1 Abdulito Rosales later flagged down the approaching shuttle van. The officers at the checkpoint introduced themselves as policemen. But even at that time, none of the officers knew who would be transporting dangerous drugs to. They were only told that the suspect was a person named Rose, but they had no independent knowledge of who she was other...

ANTONE V. PEOPLE, G.R. NO. 225146, 20 NOVEMBER 2017   TOPIC/DOCTRINE Rule 122 of the Revised Rules on Criminal Procedure (Rules) especially provides that “[e]xcept as provided in the last paragraph of Section 13, Rule 124, all other appeals to the Supreme Court (SC) shall be by petition for review on certiorari under Rule 45.   FACTS The instant case stemmed from two (2) separate Informations 4  filed before the Regional Trial Court of Guihulngan, Negros Oriental, Branch 64 (RTC) each charging Antone of raping his then eleven (11)-year-old niece-in-law, AAA. In a Judgment  dated January 6, 2011, the RTC found Antone guilty beyond reasonable doubt of two (2) counts of Simple Statutory Rape, and accordingly, sentenced him to suffer the penalty of  reclusion perpetua  for each count of rape. the CA affirmed the RTC ruling.   ISSUE Whether or not Antone’s conviction must be upheld.   RULING The Petition must be di...

CORRO V. LISING, G.R. NO. L-69899, 15 JULY 1985   TOPIC/DOCTRINE Application for search warrant must state with particularity the alleged subversive materials published or intended to be published by the petitioner publisher and editor of the Philippine Times. Mere generalization will not suffice.   FACTS Respondent judge issued a search warrant authorizing the search and seizure of printed copies of Philippine Times; manuscripts/drafts of articles for publication in the Philippine Times; newspaper dummies of the Philippine Times; subversive documents, articles, printed matters, handbills, leaflets, banners; typewriters,duplicating machines, mimeographing and tape recording machines, video machines and tapes which have been used and are being used as instrument and means of committing the crime of inciting to sedition.   ISSUE Whether or not there was sufficient probable cause for the issuance of a search warrant.   RULING NO The court rul...

PEOPLE V. NUÑEZ, G.R. NO. 209342, 4 OCTOBER 2017   TOPIC/DOCTRINE Conviction in criminal cases demands proof beyond reasonable doubt. While this does not require absolute certainty, it calls for moral certainty.   FACTS This resolves an from thedecision of the Court of Appeals which affirmed with modification the Regional Trial Court Decision which found accused-appellant Crisente Pepaño Nuñez (Nuñez) guilty beyond reasonable doubt of robbery with homicide. The prosecution’s case rises and falls on the testimonies of eyewitnesses Cruz and Perez. The necessity of their identification of Nuñez is so manifest that the prosecution saw it fit to recall them to the stand, even as it merely adopted the evidence already presented in the trial of Marciales and Nabia. Cruz’s and Perez’s testimonies centered on their supposed certainty as to how it was Nuñez himself, excluding any other person, who participated in the robbery and homicide.   ISSUE Whether test...

VILLAROSA, ET AL. V. THE HONORABLE OMBUDSMAN AND ROLANDO C. BASILLO, G.R. NO. 221418, 23 JANUARY 2019   TOPIC/DOCTRINE A finding of probable cause needs only to rest on evidence showing that, more likely than not, a crime has been committed and was committed by the suspects.   FACTS For this Court’s consideration is the Petition for Certiorari under Rule 65 of the Rules of Court dated December 1, 2015 of petitioners Jose T. Villarosa, Carlito T. Cajayon and Pablo I. Alvaro that seeks to reverse and set aside the Joint Resolution 1  dated March 23, 2015 and the Order 2  dated July 29, 2015 of the Office of the Ombudsman (Ombudsman) in OMB-L-C-11-0652-J finding probable cause against petitioners for the crime of Technical Malversation and violation of Section 3(e) of Republic Act (R.A.) No. 3019.   ISSUE Whether finding of probable cause should be based on absolute certainty of guilt.   RULING NO. The court ruled that A f...

PEOPLE V. LARA, G.R. NO. 199877, 13 AUGUST 2012,   TOPIC/DOCTRINE The right to counsel is deemed to have arisen at the precise moment custodial investigation begins and being made to stand in a police line-up is not the starting point or a part of custodial investigation. Further, jurisdiction over the person of the accused may be acquired through compulsory process such as a warrant of arrest or through his voluntary appearance, such as when he surrenders to the police or to the court. Any objection to the arrest or acquisition of jurisdiction over the person of the accused must be made before he enters his plea, otherwise the objection is deemed waived.   FACTS On appeal, Lara pointed out several errors that supposedly attended his conviction.  First, that he was arrested without a warrant under circumstances that do not justify a warrantless arrest rendered void all proceedings including those that led to his conviction. Second, he was not assisted...

JADEWELL PARKING SYSTEMS V. LIDUA, SR., G.R. NO. 169588, 7 OCTOBER 2013,    TOPIC/DOCTRINE As provided in the Revised Rules on Summary Procedure, only the filing of an Information tolls the prescriptive period where the crime charged is involved in an ordinance.   FACTS On October 2, 2003, two criminal Informations for violation of City Ordinance 003-2000 were filed with the Municipal Trial Court of Baguio City dated July 25, 2003 . The Motion to Quash and/or Manifestation sought the quashal of the two Informations on the following grounds: extinguishment of criminal action or liability due to prescription; failure of the Information to state facts that charged an offense; and the imposition of charges on respondents with more than one offense. Presiding Judge of the Municipal Trial Court of Baguio City, Branch 3, granted the accused’s Motion to Quash and dismissed the cases.   ISSUE Whether filling of the criminal information in the prosecutor’s ...

PILAPIL VS. SANDIGANBAYAN, G.R. NO. 101978, APRIL 7, 1993   TOPIC/DOCTRINE The right to a preliminary investigation is not a fundamental right and may be waived expressly or by silence. Failure of accused to invoke his right to a preliminary investigation constituted a waiver of such right and any irregularity that attended it. The right may be forfeited by inaction and can no longer be invoked for the first time at the appellate level.   FACTS The Investigating Ombudsman issued an order requiring Pilapil to submit his counter-affidavit, affidavits of his witnesses and other controverting evidence. This order was captioned as Case No. OMB-1-89-0168 for "Malversation of Public Property under Article 217 of the Revised Penal Code." Pilapil submitted his counter-affidavit. After the preliminary investigation, a resolution was issued finding no crime of malversation but a prima facie case for violation of Section 3(e) of Republic Act No. 3019, as amended, otherwise ...

LEVISTE VS. CA, G.R. NO. 189122, MARCH 17, 2020   TOPIC/DOCTRINE After conviction by the [Regional] trial court, the presumption of innocence terminates and, accordingly, the constitutional right to bail ends—from then on, the grant of bail is subject to judicial discretion. A finding that none of the said circumstances in Section 5 Rule 114 is present will not automatically result in the grant of bail. Such finding will simply authorize the court to use the less stringent sound discretion approach.   FACTS Charged with the murder of Rafael de las Alas, petitioner Jose Antonio Leviste was convicted by the Regional Trial Court of Makati City for the lesser crime of homicide and sentenced to suffer an indeterminate penalty of six years and one day of prision mayor as minimum to 12 years and one day of reclusion temporal as maximum. He appealed his conviction to the Court of Appeals. Pending appeal, he filed an urgent application for admi...