Bar Senpai: Law Materials for PH Students and Underbars

People v. Linsangan | G.R. No. 885859 | April 16, 1991 | Grino-Aquino | Art 3 - Sec. 12 |  Petitioners: People of the Philippines Respondents: Carlito Linsangan y Diaz Recit Ready Summary The police operatives of a Drug Enforcement unit were informed that there was a pusher who was a boy of 20 years, 5’5” in height, and of ordinary build. He was allegedly selling marijuana to anybody, regardless of age in Dinalupihan Street, Tondo, Manila. The members of the unit organized a “buy-bust” operation. Two P10 bills were marked by Patrolman Corpus with his initials “TC.” They bought 10 cigarette sticks of rolled marijuana for P20 from Linsangan. When he was handing them the marijuana, Pat. Corpuz took them with his right hand and grabbed the accused with his other hand. Pat. Ruiz frisked Linsangan and retrieved the marked P10 bills tucked in his waist. He asked the appellant to sign the bills. In the police station, appellant also put his initials “CL” on each stick The issue is W/N appe...

Gamboa v. Cruz | G.R. No. L-56291 | June 27, 1988 | Padilla, J . | Article III – Section 12 | Petitioners: Christopher Gamboa Respondents : Hon. Alfredo Cruz (Judge of the CFI of Manila) Recit Ready Summary Petitioner was arrested and detained for vagrancy. The next day he was made to be a part of a line up where he was pointed out by the complainant as a companion in a robbery case. After that, he was asked to stay and sit in front of the complainant while she gave her statement. Thereafter, an Information charging him of robbery was filed. Arraignment and proceedings ensued. Issue is whether or not his right to counsel was violated. NO, the right to counsel attaches upon the start of an investigation (when the investigating officer starts to ask questions to elicit information and/or confessions or admissions from the accused). The police line up was not yet part of the custodial investigation. So, he was still not entitled to such right. FACTS : Petitioner was arrested without war...

Anonymous Complaint against Otelia Lyn G. Maceda | A.M. P-12-3093 | March 26, 2014 | J. Leonardo De-Castro | Article III - Section 12 | Petitioners: Anonymous complainant/OCA Respondents : Otelia Lyn Maceda Recit Ready Summary Respondent was accused in an anonymous complaint of having falsified her attendance in court.  The Court issued a Resolution stating that the complaint be re-docketed as an administrative complaint, and asked the parties (OCA and Maceda) to manifest if they are willing to submit the matter for resolution.  Maceda refused stating that her right to counsel was not respected, as she did not have access to counsel during the investigation. She asked for more time to engage the services of a counsel.  Court ruled that she cannot. The right to counsel applies to criminal proceeding, not administrative. Furthermore her active participation in the investigation, without complaining about the fact that she had no counsel, and only belatedly (almost 2 years a...

People v. Lucero | G.R. No. 97936 | May 29, 1995 | J. Puno | Article III - Sec. 12 | Petitioners: People of the Philippines Respondents : Alejandro Lucero Recit Ready Summary Lucero was charged with the crime of homicide with robbery. The officer in charge to conduct the investigation of Lucero, Pfc. Pursal, informed the CIS Legal Department about Lucero’s need for a lawyer after the latter said that he had no lawyer. Atty Peralta then conferred with Lucero. It was noted that Peralta observed no reaction when he explained to Lucero his constitutional rights. When the CIS investigator began asking Lucero preliminary questions, Peralta left to attend a friend’s wake. The next morning, Lucero was accompanied by 2 CIS agents to Peralta’s residence to present to the latter Lucero’s extrajudicial statement. Peralta signed the document when Lucero said that the statements were given voluntarily. Lucero claims however that he signed the statement under duress; that Atty Peralta was not around ...

People v. Sunga | G.R. No. 126029 | March 27, 2003 | J. Carpio-Morales | Article III - Section 12 | Petitioners : People of the Philippines Respondents : REY SUNGA, RAMIL LANSANG, INOCENCIO PASCUA, LITO OCTAC and LOCIL CUI @ GINALYN CUYOS, accused, REY SUNGA, RAMIL LANSANG and INOCENCIO PASCUA, appellants. Recit Ready Summary Respondent Sunga was charged for the crime of Rape of Jocelyn Tan, a minor and a high school student. He was afforded the services of Atty. Rocamora, who was the City Legal Officer of Puerto Princesa. With the assistance of Atty. Rocamora, Sunga made testimonies and an extra-judicial confession. Later on, he was convicted of Rape with Homicide and was sentenced to death. The issue in this case is W/N Sunga was afforded the right to counsel. The SC held that he was not. A person under investigation is guaranteed to have a have competent and independent counsel of his own choice, and to be provided with one if he can’t afford the services of counsel. In this case, ...

People v. Tan | G.R. No. 117321 | Feb. 11, 1998 | Romero, J. | Art 3 - Sec. 12 | Petitioners: The People of the Philippine, plaintiff-appellee Respondents: Herson Tan y Verzo, accused-appellant Recit Ready Summary Herson Tan was charged with the crime of robbery with murder. Freddie Saavedra, a tricycle driver, was found dead with 14 stab wounds. Lucena PNP officers invited Tan in connection with the death of Freddie and with respect to two other robbery cases. During their conversation, appellant allegedly gave an explicit account of what actually transpired. Lt. Carlos testified that when he invited appellant to their headquarters, he had no warrant for his arrest. In the course thereof, he informed the latter that he was a suspect, not only in the instant case, but also in two other robbery cases allegedly committed in Lucena City. In the belief that they were merely conversing inside the police station, he admitted that he did not inform appellant of his constitutional rights to r...

People v. Loveria | G.R. No. 79138 | July 2, 1990 | Cortes, J. | Article III, Section 12 | Recit Ready Summary: Loveria was charged with the crime of Robbery with Homicide and Frustrated Homicide. One evening, he boarded a fully loaded jeepney and shouted “hold-up”. Together with some companions, he stabbed Manzanero, the driver and other passengers, who suffered multiple stab wounds. Loveria wants impugn further the credibility of the prosecution witnesses and appellant assails the manner in which he was identified by Manzanero at the headquarters of the 225th Philippine Constabulary (PC) in Cogeo, Antipolo, Rizal, claiming violation of his constitutional right to counsel. The issue in this case is W/N Loveria could, during the line-up, invoke his right to counsel because he was not under custodial interrogation. Citing Gamboa v. Cruz, the Court ruled that the right to counsel of a person under custodial investigation cannot be invoked until such time that the police investigators sta...

Comerciante v. People | G.R. No. 205926 | July 22, 2015 | Perlas-Bernabe, J.| Art III - Sec. 2 | Recit Ready Summary: Agents Radan and Calag were patrolling the area while on their way to visit a friend at Private Road, Mandaluyong City. The spotted accused Comerciante and Dasila standing and showing “improper and unpleasant movements” with one of them handling plastic sachets to the other. Thinking the sachets contain shabu , they introduced themselves as officers and arrested them. Upon examination it was indeed shabu.  RTC found Comerciante guilty beyond reasonable doubt. CA affirmed the conviction.  The SC ruled that against the CA. In the circumstances of the case, it was highly implausible that the officers be able to identify with reasonable accuracy that the plastic sachets indeed contained shabu. The act of standing with a companion handing over something to him cannot in any way be considered criminal acts. It was also failed to show that Calag had personal knowledge...

Miclat v. People | G.R. No. 176077 | 31 August 2011 | Article III – Section 2 | Recit Ready Summary: An INFOREP Memo from Camp Cram was received, relating to illicit and down-right drug trading activities being undertaken in Caloocan, involving Abe Miclat, Wily alias Bokbok and Mic or Jojo. Immediately, a surveillance team was formed and went to the area. The team surrounded the perimeter of Abe’s house.  Abraham Miclat was convicted for violating the DANGEROUS DRUGS ACT. He was caught in his home, for being in possession of SHABU. PO3 Antonio saw Miclat arranging several pieces of plastic along with the shabu, from the curtained window. He entered and informed Miclat of his authority. Then, Miclat voluntarily surrendered the items, and was arrested.  The issue is W/N Miclat’s arrest and the subsequent seizure of the drugs are constitutional. The Court said YES, and affirmed their admissibility.  First, Miclat raised no objection to the irregularity of his arrest before a...

People v. Aminnudin | G.R. No. L-74869 | 6 July 1988 | Cruz, J. | Article III, Section 2 (Warrantless Arrests) | Recit Ready Summary: Philippine Constabulary officers were tipped off by a regular informant about Respondent Aminnudin arriving Iloilo via a ship, and bringing with him MARIJUANA. As Aminudin was disembarking the ship, PC officers met him and inspected his bag. True enough, there was marijuana inside. He was charged with violating the Dangerous Drugs Act. An information was filed against him and the trial court found him guilty and sentenced him to life imprisonment. Hence, this present petition. The issue is W/N the warrantless arrest and search on Aminnudin is valid and the answer is NO. First, at the time of his arrest, Aminnudin didn’t commit a crime, wasn’t committing a crime, nor was he about to do so. Second, there was no existing urgency in the present case which could excuse the PC officers for not obtaining a warrant. Also, the marijuana CANNOT be admitted as evid...

Matter of Petition for Habeas Corpus of: Andrew Harvey et. al. v. Defensor Santiago | G.R. No. 82544 | June 28, 1988 |  J. Melencio-Herrera | Article III - Section 2 | RECIT READY SUMMARY: Petitioners are Foreign Nationals who were placed under surveillance by the CID for 3 months, and were later arrested. CID agents seized rolls of photo negatives and other literature advertising child prostitutes. Harvey and Sherman were found with 2 young boys in their respective rooms. Petitioners argue that there is no provision in the Philippine Immigration Act that clothes any Commissioner with any authority to arrest or detain them, and that being the case, their right under Section 2, Article III was violated. W/N their rights were violated. NO . The arrest was based on probable cause determined after close surveillance of 3 months. This justified the arrest, and the search and seizure of the negatives.  Presuming that the arrest was invalid, deportation charges were already charged a...

Camara v. Municipal Court | 387 U.S. 523 | June 5, 1967 Justice White | Topic in the PH context: Art. 3, Sec. 2 | Petitioners : Roland Camara Respondents : Municipal Court of the City and County of San Francisco Summary : A housing inspector of the San Francisco Department of Public Health entered an apartment building to make a routine annual inspection for possible violations of the city's Housing Code. The building's manager then informed the inspector that the appellant, lessee of the ground floor, was using the rear of his leasehold as a personal residence. Claiming that the building's occupancy permit did not allow residential use of the ground floor, the inspector confronted appellant and demanded that he permit an inspection of the premises. Appellant, however, refused to allow the inspection because the inspector lacked a search warrant. Because of this, he was convicted of violating Sec. 507 of the Housing Code. The issue before the Court is whether or not the app...

People v. Canton | G.R. No. 148825 | 27 December 2002 | C.J. Davide, Jr. | Article III - Sec. 2 | Petitioners : People of the Philippines Respondents : Susan Canton Recit Ready Summary: Susan Canton was in NAIA, departing for Saigon. She passed through a metal detector and it went off. Mylene Cabunoc, part of the National Action Committee on Hijacking and Terrorism frisked her and felt a bulge at her abdominal area. And so Susan was taken to the ladies’ restroom for further frisking. They found packets in her abdominal area, genital area and right thigh. Hence, she was arrested. SC Held: Valid search and arrest without warrant  Even though it wasn’t “incidental to a lawful arrest” because for this exception, the arrest must precede the search and it did not, in this case.  The “stop and frisk” situation is not limited to dangerous weapons only – and in this case, it was pursuant to RA 6235 (Civil Aviation Act), which subjects all aircraft ticket holders to search for prohibite...

People v. Valdez | G.R. No. 129296 | September 25, 2000 | Quisumbing, J. | Topic: Article III – Section 2 |  Petitioners: People of the Philippines, plaintiff-appellee Respondents: Abe Valdez y Dela Cruz, accused-appellant [Warrantless searches and seizures – plain view]  A police officer received a tip from an informer about the presence of a marijuana plantation, allegedly owned by Valdez. The Chief of Police then formed a team to verify the report. He gave them specific instructions to uproot said marijuana plants and arrest the cultivator of the same. The following day, the police team left for the site. They arrived at the place and found Valdez alone in his nipa put. They looked around the area where Valdez had his kaingin and saw 7 five-foot flowering marijuana plants. The police uprooted the 7 marijuana plants and arrested Valdez. The trial court found Valdez guilty of cultivating marijuana plants in violation of the Dangerous Drugs Act. Arguing that that there was an...

Jose Maria M. Asuncion v. Court of Appeals and the People of the Philippines | G.R. No. 125959 | 1 Feb 1999 | Martinez, J. | Article 3 – Section 2 | Recit Ready Summary : At hand is a motion for reconsideration for the Court’s previous decision denying the petition for review on certiorari of Asuncion and finding him guilty of violating the Dangerous Drugs Act. In compliance with the Malabon mayor’s campaign against drugs, the police were instructed by their chief to conduct patrol on the area of Barangay Tanong with specific instruction to look for a certain vehicle with a certain plate number and watch out for a certain pusher named Vic Vargas. With the help of an informant, they were able to find a car with Vic Vargas (Asuncion; it’s his actor screen name) behind the wheel. They asked permission if they could search the car to which he said okay. The police found meth. Asuncion said that he was just borrowing the car, but the police still brought him to the station for identificati...

People v. Aruta | G.R. No. 120915 | April 3, 1998 | Romero, J. | Topic: Art 3 - Sec. 2 |  Recit Ready Summary Respondent Aruta was arrested and charged for transporting 8 kilos and 500 grams of dried marijuana packed in plastic bags marked “Cash Katutak” placed in a travelling bag. Respondent plead “not guilty” in the arraignment.  The defense filed a “Demurrer to Evidence” alleging the illegality of the search and seizure of the items thereby violating Aruta’s constitutional right against unreasonable search and seizure as well as the inadmissibility of the evidence.  In her defense, respondent Aruta claims that she just came from Choice Theater where she watched the movie “Balweg” and that she was in the middle of the road alighting a bus when the authorities asked her to go with them to the NARCOM office.  RTC was not convinced and sentenced Aruta to life imprisonment and a fine of Php 20,000.00 without subsidiary imprisonment in case of insolvency. Hence, this ap...