Diges Ttttt

8/19/2019 Diges Ttttt

1/53

PEOPLE VS. MACAM [238 SCRA 306; G.R. NOS. 91011-12; 24 NOV 1994]

Tuesday, February 10, 2009 Posted by Coffeeholic Writes

Labels: Case Digests, Political Law

Facts:

Prosecutio’s !ersio:

" #ug 1$,19$%, &duardo 'aca(, #toio Cedro, &ugeio Cawila )r*, Dailo +oue

ad &resto +oue wet to the house of -eito 'aca( .ucle of &duardo 'aca(/

located at Fer(a +oad C* 34o the arri!al of the accused, -eito i!ited the for(er

to ha!e luch* -eito as5ed his (aid 6al!acio &rera to call the co(4aios of &duardo

who were waitig i a tricycle outside the house* #* Cedro, &* Cawila ad D* +oue

etered the house while &* +oue re(aied i the tricycle* #fter all the accused had ta5e

their luch, &duardo 'aca( grabbed the clutch bag of -eito 'aca( ad 4ulled out his

ucle’s gu the declared a hold7u4* They tied u4 the wife .Leticia 'aca(/, childre,

(aid .6al!acio/ ad 8ilo #lcatara ad brought the( to the roo( u4stairs* #fter a while

Leticia was brought to the bathroo( ad after she screa(ed she was stabbed ad 5illed

by #* Cedro* -eito, 8ilo ad 6al!acio was also stabbed but sur!i!ed* The total !alue of

the ite(s ta5e was P, %00*00*

Defese’s !ersio:

Dailo +oue stated that he beig a tricycle dri!er dro!e the accused to -eito’s

house for a fee of P0*00* ;stead of 4ayig hi(, he was gi!e a callig card by &duardo

'aca( so that he ca be 4aid the followig day* 34o arri!ig, he wet with the

accused iside the house to ha!e luch* Thereafter he washed the dishes ad swe4t the

floor* Whe &ugeio Cawila 4ulled a gu ad aouced the hold7u4, he was as5ed to

gather so(e thigs ad which he abided out of fear* While 4uttig the said this iside

the car of -eito .!icti(/ he heard the accused sayig “5ailaga 4atayi ag (ga

taog ya dahil 5ilala a5o g (ga ya”* 34o hearig such 4hrase he esca4ed ad wet

ho(e usig his tricycle*


2/53

#fter which, he together with all the accused, i hadcuffs ad bore cotusios o their

faces caused by blows iflicted i their faces durig i!estigatio, was brought to the C

?eeral


3/53

Cas !"#s$% P&'( ). *a+?*+* 8o* 11%21 February 11, 199$

THE PEOPLE OF THE PHILIPPINES, 4laitiff7a44ellee, !s* HERSON TAN y

VERZO, accused7a44ellat*

FACTS:

Tricycle dri!er Freddie 6aa!edra wet to see his wife, Delfa, a to ifor( her that he will

dri!e Lito #(ido ad a44ellat


4/53

to ha!e co((itted, without 4re=udice to the liability of the i!itig officer for ay

!iolatio of law*

Custodial i!estigatio i!ol!es ay uestioig iitiated by law eforce(et authoritiesafter a 4erso is ta5e ito custody or otherwise de4ri!ed of his freedo( of actio i ay

sigificat (aer* The rules o custodial i!estigatio begi to o4erate as soo as the

i!estigatio ceases to be a geeral iuiry ito a usol!ed cri(e ad begis to focus a 4articular sus4ect, the sus4ect is ta5e ito custody, ad the 4olice carries out a 4rocess of

iterrogatios that teds itself to elicitig icri(iatig state(ets that the rule begis to

o4erate*

Further(ore, ot oly does the fuda(etal law i(4ose, as a reuisite fuctio of the

i!estigatig officer, the duty to e@4lai those rights to the accused but also that there

(ust corres4odigly be a (eaigful co((uicatio to ad uderstadig thereof bythe accused* # (ere 4erfuctory readig by the costable of such rights to the accused

would thus ot suffice*

3der the Costitutio ad e@istig law ad =uris4rudece, a cofessio to be ad(issible

(ust satisfy the followig reuire(ets: .1/ it (ust be !olutary .2/ it (ust be (adewith the assistace of co(4etet ad ide4edet cousel ./ it (ust be e@4ress ad ./

it (ust be i writig*

While the Costitutio sactios the wai!er of the right to cousel, it (ust, howe!er, be

!olutary, 5owig ad itelliget, ad (ust be (ade i the 4resece ad with theassistace of cousel*

#y state(et obtaied i !iolatio of the costitutio, whether e@cul4atory or

icul4atory, i whole or i 4art, shall be iad(issible i e!idece* &!e if the cofessiocotais a grai of truth, if it was (ade without the assistace of cousel, it beco(es

iad(issible i e!idece, regardless of the absece of coercio or e!e if it had bee

!olutarily gi!e* The e!idece for the 4rosecutio shows that whe a44ellat wasi!ited for uestioig at the 4olice headuarters, he allegedly ad(itted his 4artici4atio

i the cri(e* This will ot suffice to co!ict hi(, howe!er, of said cri(e* The

costitutioal rights of a44ellat, 4articularly the right to re(ai silet ad to cousel, arei(4regable fro( the (o(et he is i!estigated i coectio with a offese he is

sus4ected to ha!e co((itted, e!e if the sa(e be iitiated by (ere i!itatio* This

Court !alues liberty ad will always isist o the obser!ace of basic costitutioal rights

as a coditio sie ua o agaist the aweso(e i!estigati!e ad 4rosecutory 4owers ofgo!er(et*


5/53

,ASCO )s RA A*ALO

FACTS:

;ocecio -asco filed a co(4lait agaist )udge Leo


6/53

&!etually, the bail bod 4osted by 'orete was cacelled ad a warrat for his arrest

was issued o accout of -asco’s (otio for cosideratio* 'orete is the cofied i

the La 3io Pro!icial )ail*

ISSUE:

Whether or ot a )udge ca grat a 4etitio for bail without a hearig for that 4ur4ose*

HELD:

8o, a =udge caot grat a 4etitio for bail without a trial*

The 6u4re(e Court the reiterated the followig rules outliig the duties of a =udge i

case a a44licatio for bail is set:

1* 8otify the 4rosecutor of the hearig of the a44licatio for bail or reuire hi( to sub(it

his reco((edatio*

2* Coduct a hearig of the a44licatio for bail regardless of whether or ot the 4rosecutio

refuses to 4reset e!idece to show that the guilt of the accused is strog for the 4ur4ose

of eablig the court to e@ercise its discretio*

* Decide whether the e!idece of guilt of the accused is strog based o the su((ary of

e!idece of the 4rosecutio*

* ;f the guilt of the accused is ot strog, discharge the accused u4o the a44ro!al of the

bail bod* "therwise, 4etitio should be deied*

6ice the deter(iatio of whether or ot the e!idece of guilt of the accused is strog is

a (atter of =udicial discretio, the judge is mandated to conduct a hearing even in cases

where the prosecution chooses to just file a comment or leave the application of bail to

the discretion of the court.


7/53

While it (ay be true that the res4odet )udge set the a44licatio for bail for hearig

three ti(es, thus showig lac5 of (alice or bad faith i gratig bail to the accused,

oetheless, this does ot co(4letely e@cul4ate hi( because the fact re(ais that a

hearig has ot actually bee coducted i !iolatio of his duty to deter(ie whether or

ot the e!idece agaist the accused is strog for 4ur4oses of bail*

The )udge is re4ri(aded with the warig that a re4etitio of the sa(e or si(ilar acts i

the future will be dealt with (ore se!erely*

P

D"8#T"

6alas a5a 8P#’s “Ea -ilog” was arrested ad was charged for rebellio*


8/53

C&+a&/ ) ! V"((a 200 SCRA 80 1991"militay mem!es eem#ted $%m t&e i'&t t% !ail

”

Facts: This is a cosolidated case of (e(bers of the #FP who were charged with

!iolatio of #rticles of War .#W/ % .'utiy/, #W 9 .Coduct 3beco(ig a "fficer ad a ?etle(a/ ad #W 9 .Aarious Cri(es/ i relatio to #rticle 2$ of the +e!ised

Peal Code .'urder/* The 4etitioers were uestioig the coduct of the 4re7trial

i!estigatio coducted where a (otio to bail was filed but was deied* Petitioer a44lied for 4ro!isioal liberty ad 4reli(iary i=uctio before the court which was

grated*


9/53

Facts: +es4odet =udge is accused for (alfeasace i gratig bail to the accused

charged with double (urder* Prosecutio was ot gi!e otice of at least days beforethe scheduled hearig for bail i !iolatio of +ule 1, sectio of the +ules of Court ad

the filig of 4etitio for bail has oly 2 o7wor5ig day iter!al fro( the schedule of the

hearig* 'oreo!er the 4rosecutio also assails that they were ot gi!e the chace to 4reset e!idece that strogly 4ro!e the guilt of the accused* +es4odet =udge =ustifies

ot ha!ig co((itted gra!e abuse of discretio sice the 4rosecutio did ot iter4ose

ob=ectio with his orders ad the lac5 of 4re!ious otice was cured with the filig of (otio for recosideratio*

Issue: Whether or ot the res4odet =udge e@ercised abuse i discretio i the grat of

bail to the accused*

Held: The 6u4re(e Court held that there was abuse i the discretio of the =udge i

gratig bail to the accused cosiderig that the (otio for bail was filed o a 6aturday

ad the hearig was i((ediately coducted o 'oday thereby de4ri!ig the

4rosecutio to (a5e a o44ositio thereto ad !iolatig the 7day otice rule e(bodied i

+ule 1, 6ec* of +ules of Court* ;t is a well established rule of law that bail is ot a

(atter of right ad reuires a hearig where the accused is charged with a offese which

is 4uishable by death, reclusion perpetua or life i(4riso(et* +es4odet =udge should

ha!e carefully scrutiied the !alidity of 4etitio for bail before (a5ig a outright grat

of this (otio*

# guided legal 4rici4le i the right to bail icludes:

* * The 4rosecutio (ust first be accorded a o44ortuity to 4reset e!idece because by

the !ery ature of decidig a44licatios for bail, it is o the basis of such e!idece that

=udicial discretio is weighed agaist i deter(iig whether the guilt of the accused is

strog* ; other words, discretio (ust be e@ercised regularly, legally ad withi the

cofies of 4rocedural due 4rocess, that is, after e!aluatio of the e!idece sub(itted by

the 4rosecutio* #y order issued i the absece thereof is ot a 4roduct of soud =udicial

discretio but of whi( ad ca4rice ad outright arbitrariess*

MANO*OC VS. COR* O7 APPEALS [142 SCRA 149; G.R. NO. L-62100; 30MA 1986]

Friday, February 0, 2009 Posted by Coffeeholic Writes


http://cofferette.blogspot.com/2009/02/manotoc-vs-court-of-appeals-142-scra.htmlhttp://cofferette.blogspot.com/2009/02/manotoc-vs-court-of-appeals-142-scra.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Lawhttp://cofferette.blogspot.com/2009/02/manotoc-vs-court-of-appeals-142-scra.htmlhttp://cofferette.blogspot.com/2009/02/manotoc-vs-court-of-appeals-142-scra.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Law


10/53

Facts: Petitioer was charged with estafa*


11/53

-argaiig #gree(et siged by it with the Phili44ie #irlies &(4loyeesG #ssociatio

.P#L/ to which +a(os 4ertaied* # letter was set by +a(os statig his willigess

to settle the a(out of P%,000* The fidigs of the #udit tea( were gi!e to hi(, ad herefuted that he (isused 4roceeds of tic5ets also statig that he was 4re!eted fro(

settlig said a(outs*


12/53

" the late e!eig of 2 )ue 199, the !icti( was re4orted (issig by her (other* The

followig (orig, the #44ellat boarded a 4asseger =ee4ey ad disa44eared*

The !icti(’s body was foud, lifeless, at aroud %:0 a( that sa(e day* 6he was foudi the se4tic ta5 wearig her blouse ad o uderwear* The auto4sy showed that the

!icti( was ra4ed ad was stragled to death*

34o re7e@a(iig the cri(e scee, 4olice(e foud a 4air of dirty white short 4ats, a

brow belt ad a yellow hair ribbo which was idetified by the !icti(’s (other to belog to her daughter* #lso, they foud a 4air of blue sli44ers which ;si4 idetified as

that of the a44ellat* #lso foud i the yard, three ar(slegth away fro( the se4tic ta5

were a uderwear, a leather wallet, a 4air of dirty log 4ats ad a 4liers 4ositi!elyidetified by ;si4 as a44ellat’s belogigs*

The a44ellat was soo arrested ad e@ecuted a e@tra7=udicial cofessio wherei hearrated how the cri(e was co((itted* The trial esued ad the lower court co!icted

hi( of the cri(e of +a4e ad was seteced to death*

The case was forwarded to the 6u4re(e Court for auto(atic re!iew*

Issues

1* W"8 the a44ellat’s e@tra7=udicial cofessio was !alidly ta5e ad i accordace withhis rights uder 6ectio 12 of the -ill of +ights ad

1* W"8 the circu(statial e!idece 4reseted by the 4rosecutio sufficiet to 4ro!e hisguilt beyod reasoable doubt


13/53

Ruli('

The co!ictio of the a44ellat is affir(ed*

Rati% Decide(di

The Court ruled that the a44ellat’s e@tra=udicial cofessio was ta5e withi the a(bitof the law as e!iced by the records ad testi(oy of the lawyer who assisted, waredad e@4laied to hi( his costitutioally guarateed 4re7iterrogatory ad custodial

rights*

#s to the secod issue, the a44ellat argues that the circu(statial e!idece 4reseted by

the 4rosecutio is isufficiet to warrat a co!ictio of his guilt*


14/53

The Court agreed with the trial court’s decisio i gi!ig credece to se!eralcircu(statial e!idece, which is (ore tha eough to 4ro!e a44ellat’s guilt beyodthe shadow of reasoable doubt*

The Court also u4dated the 'irada rights with the de!elo4(ets i law that 4ro!ided

the rights of sus4ects uder custodial i!estigatio i detail*

PEOPLE VS. ,AN!LA [232 SCRA 566; G.R. NO. 89223; 2 MA 1994]

Tuesday, February 10, 2009 Posted by Coffeeholic WritesLabels: Case Digests, Political Law

Facts: 6i@ ar(ed (e barged ito the co(4oud of Polo Cocout Platatio i Ta=ay,

8egros "rietal* The ar(ed (e were idetified by6ecurity ?uard, icludig accused*

6al!a ad Pastrao, security guards were hogtied ad accused 4roceeded to the #tty*

?aray, cousel of 4latatio* They rasac5ed the 4lace ad too5 with the( (oey ad

other !aluables* #tty* ?aray was 5illed* #ccused7a44ellat is charged with robbery with

ho(icide alog with others who were acuitted for isufficiecy of

e!idece* #44ellat was co!icted*

8ow, a44ellat argues that the e@tra=udicial cofessios he ad accused Dioaao

e@ecuted suffer fro( costitutioal ifir(ities, hece, iad(issible i e!idece

cosiderig that they were e@tracted uder duress ad iti(idatio, ad were (erely

coutersiged later by the (uici4al attorey who, by the ature of his 4ositio, was ot

etirely a ide4edet cousel or cousel of their choice* Coseuetly, without the

e@tra=udicialcofessios, the 4rosecutio is left without sufficiet e!idece to co!ict hi(

of the cri(e charged*

Issue: Whether or 8ot e@tra=udicial cofessios of a44ellat isad(issible as e!idece

agaist hi(*

Held: 8o* Whe accused7a44ellat -adula ad accused Dioaao were i!estigated

http://cofferette.blogspot.com/2009/02/people-vs-bandula-232-scra-566-gr-no.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Lawhttp://cofferette.blogspot.com/2009/02/people-vs-bandula-232-scra-566-gr-no.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Law


15/53

i((ediately after their arrest, they had o cousel 4reset* ;fat all, cousel ca(e i oly

a day after the custodial i!estigatio with res4ect to accused Dioaao, ad two wee5s

later with res4ect to a44ellat-adula* #d, cousel who su44osedly assisted both

accused was #tty* +ube >era, the 'uici4al #ttorey of Ta=ay* " to4 of this, there

are telltale sigs that !iolece was used agaist the accused* Certaily, these are blatat!iolatios of the Costitutio which (adates i

6ec* 12, #rt* ;;;* ;rregularities 4reset iclude:

1* The i!estigators did ot ifor( the accused of their right to re(ai silet ad to ha!e

co(4etet ad ide4edet cousel, 4referably of their ow choice, e!e before

atte(4tig to elicit state(ets that would icri(iate the(*

2* ;!estigators cotiuously disregard the re4eated reuests of the accused for (edical

assistace* +easo for #ccused 6edigo’s blac5 eye which e!e

Pat* -alde=era ad(itted is ot established, as well as -adula’

s fractured rib** Cousel (ust be ide4edet*


16/53

;t a44ears that whe the accused was ta5e with his state(ets his cousel was ot aroud* Therefore

be used as e!idece agaist the accused durig his trial* The court erred i ad(ittig it as e!idece a

the accused is acuitted*

P&'( ) A#s$"+ 240 SCRA 541 1995Facts: uiaIo, the gu(a who 5illed the !icti(s, cofessed durig the i!estigatio

coducted by -aguio City Fiscal &rdolfo -ala=adia i his office that he was the

trigger(a*


17/53

P&'( ) P"+(a< 165 SCRA 65 1988Facts: The accused was co!icted for two se4arate cri(ial cases for robbery ad

robbery with ho(icide*


18/53

for the 4re(editated 5illig of #uio ad ?al(a which the 6adigabaya did ot gi!e

due cosideratio*

The office of the Taod -aya was origially 4re4arig a resolutio chargig the 2

(ilitary accused as 4rici4al to the cri(e agaist #uio but was recalled u4o the

iter!etio of Presidet 'arcos who isist o the iocece of the accused* 'arcoshowe!er reco((eded the filig of (urder charge ad to i(4le(et the acuittal as

4laed so that double =eo4ardy (ay be i!o5ed later o*

The 4etitioers filed a actio for (iscarriage of =ustice agaist the 6adigabaya ad

gross !iolatio of costitutioal rights of the 4etitioers for failure to e@ert geuie

efforts i allowig the 4rosecutio to 4reset !ital docu(etary e!idece ad 4rayed for

ullifyig the bias 4roceedigs before the 6adigabaya ad orderig a re7trial before a

i(4artial tribual*

Issue: Whether or ot there was due 4rocess i the acuittal of the accused fro( the

charges agaist the(*

Held: The 6u4re(e Court held that the 4rosecutio was de4ri!ed of due 4rocess ad fair

o44ortuity to 4rosecute ad 4ro!e their case which grossly !iolates the due 4rocess

clause* There could be o double =eo4ardy sice legal =eo4ardy attaches oly .a/ u4o a

!alid idict(et, .b/ before a co(4etet court, .c/ after arraig(et, .d/ a

!alid 4lea ha!ig bee etered ad .e/ the case was dis(issed or otherwise ter(iated

without the e@4ress coset of the accused .Peo4le !s* Blaga, $ Phil* $1/* The lower

court that redered the =udg(et of acuittal was ot co(4etet as it was ousted of its

=urisdictio whe it !iolated the right of the 4rosecutio to due 4rocess* ; effect the first =eo4ardy was e!er ter(iated, ad the re(ad of the cri(ial case for further hearig

adHor trial before the lower courts a(outs (erely to a cotiuatio of the first =eo4ardy,

ad does ot e@4ose the accused to a secod =eo4ardy*

The court further coteds that the 4re!ious trial was a (oc5 trial where

the authoritaria Presidet ordered the 6adigabaya ad Taod -aya to rig ad

closely (oitor the trial which was uderta5e with due 4ressure to the =udiciary* The

court’s decisio of acuittal is oe !oid of =urisdictio owig to its failure i obser!ig

due 4rocess durig the trial therefore the =udg(et was also dee(ed !oid ad double

=eo4ardy caot be i!o5ed* 'ore so the trial was oe !itiated with lac5 of due 4rocess

o the accout of collusio betwee the lower court ad 6adigabaya for the reditio

of a 4re7deter(ied !erdict of the accused*


19/53

The deial o the (otio for recosideratio of the 4etitioers by the court was set aside

ad redered the decisio of acuittal of the accused ull ad !oid* # order for a re7trial

was grated*

PEOPLE VS. !RAMAO [42 SCRA 60; G.R. L-21325; 29 OC* 191]

Thursday, February 12, 2009 Posted by Coffeeholic Writes


Facts: Dra(ayo brought u4 the idea of 5illig &stelito 8ogalia so that he could ot

testify i the robbery case where he is a accused* The idea was for Dra(ayo ad &cubi

to a(bush &stelito, who was returig fro( 6a4ao* The others were to statio the(sel!es

earby* "ly Dra(ayo ad &cubi were co!icted i the +TC for (urder*


20/53

this Court, otwithstadig a (a=ority of the defedats beig acuitted, the ele(et of

cos4iracy li5ewise beig allegedly 4reset, did hold the 4arty or 4arties, res4osible for

the offese guilty of the cri(e charged, a (oral certaity ha!ig arise as to

their ca4ability*

Patricio Du(lao was the for(er go!eror of 8ue!a Aicaya*


21/53

The assertio that -P 2 is cotrary to the safeguard of eual 4rotectio is either well

ta5e* The costitutioal guaratee of eual 4rotectio of the laws is sub=ect to ratioal

classificatio* ;f the grou4igs are based o reasoable ad real differetiatios, oe class

ca be treated ad regulated differetly fro( aother class* For 4ur4oses of 4ublic

ser!ice, e(4loyees years of age, ha!e bee !alidly classified differetly fro( youger e(4loyees* &(4loyees attaiig that age are sub=ect to co(4ulsory retire(et, while

those of youger ages are ot so co(4ulsorily retirable*

; res4ect of electio to 4ro!icial, city, or (uici4al 4ositios, to reuire that cadidates

should ot be (ore tha years of age at the ti(e they assu(e office, if a44licable to

e!eryoe, (ight or (ight ot be a reasoable classificatio although, as the 6olicitor

?eeral has iti(ated, a good 4olicy of the law should be to 4ro(ote the e(ergece of

youger blood i our 4olitical electi!e echelos* " the other had, it (ight be that

4ersos (ore tha years old (ay also be good electi!e local officials*

+etire(et fro( go!er(et ser!ice (ay or (ay ot be a reasoable disualificatio for

electi!e local officials* For oe thig, there ca also be retirees fro( go!er(et ser!ice

at ages, say below * ;t (ay either be reasoable to disualify retirees, aged , for a

7year old retiree could be a good local official =ust li5e oe, aged , who is ot a

retiree*

-ut, i the case of a 7year old electi!e local official .Du(alo/, who has retired fro( a

4ro!icial, city or (uici4al office, there is reaso to disualify hi( fro( ruig for the

sa(e office fro( which he had retired, as 4ro!ided for i the challeged 4ro!isio*

*R>LLANES )s >MEN*EL Cas !"#s$

ANTONIO F- TRILLANES IV +- HON- OSCAR PI.ENTEL/ SR-/ IN HIS

CAPACIT0 AS PRESIDIN1 2UD1E/ RE1IONAL TRIAL COURT3 4RANCH 567/

.A8ATI CIT0/ et al-

99 SCRA 6;5 / EN 4ANC

All persons, except those charged with offenses pnisha!le !" reclsion perpeta when

e#idence of gilt is strong, shall, !efore con#iction, !e !aila!le !" sfficient sreties, or

!e released on recogni$ance as %a" !e pro#ided !" law&

FACTS: " )uly 2%, 200, (ore tha 00 hea!ily ar(ed soldiers led by =uior officers of

the #r(ed Forces of the Phili44ies .#FP/ stor(ed ito the "a5wood Pre(ier


22/53

#4art(ets i 'a5ati City ad 4ublicly de(aded the resigatio of the Presidet ad

5ey atioal officials* #fter a series of egotiatios, (ilitary soldiers surredered that

e!eig*

; the after(ath of such e!et dubbed as the "a5wood ;cidet, 4etitioer #toio F*

Trillaes ;A was charged with cou4 d’Jtat before the +egioal Trial Court of 'a5ati*Four years later, Trillaes re(aied i detetio ad wo a seat i the 6eate* -eforestartig his ter(, Trillaes filed with +TC a "(ibus 'otio for Lea!e of Court to be

#llowed to #tted 6eate 6essios ad +elated +euests*

Trillaes reuested to be allowed to atted seate sessios ad fulfill his fuctios as

seator* The +TC howe!er deied his (otio* Thus, he filed Petitio for Certiorari with

the 6u4re(e Court to set aside orders of the +TC*

ISSUES:

1* Whether or ot Trillaes? case is differet fro( that of the )alos=os case

2* Whether or ot Trillaes? electio as seator 4ro!ides legal =ustificatio to allowhi( to wor5 ad ser!e his (adate as seator

* Whether or ot there are eough 4recedets that allows for a liberal treat(et of detetio 4risoers who are held without bail

HELD:

N% disti(cti%( !et?ee( Tilla(es’ case a(d t&at %$ 2al%s@%s case

The distictios cited by 4etitioer were ot ele(etal i the 4roouce(et i )alos=os

that electio to Cogress is ot a reasoable classificatio i cri(ial law eforce(et asthe fuctios ad duties of the office are ot substatial distictios which lift oe fro(

the class of 4risoers iterru4ted i their freedo( ad restricted i liberty of (o!e(et*

The Costitutio 4ro!ides: #ll 4ersos, e@ce4t those charged with offeses 4uishable by

reclusio 4er4etua whe e!idece of guilt is strog, shall, before co!ictio, be bailable

by sufficiet sureties, or be released o recogiace as (ay be 4ro!ided by law* The+ules also state that o 4erso charged with a ca4ital offese, or a offese 4uishable by

reclusio 4er4etua or life i(4riso(et, shall be ad(itted to bail whe e!idece of guilt

is strog, regardless of the stage of the cri(ial actio* That the cited 4ro!isios a44lyeually to ra4e ad cou4 d’Jtat cases, both beig 4uishable by reclusio 4er4etua, is beyod ca!il* Withi the class of offeses co!ered by the stated rage of i(4osable

4ealties, there is clearly o distictio as to the 4olitical co(4le@io of or (oral

tur4itude i!ol!ed i the cri(e charged*

; the 4reset case, it is ucotro!erted that 4etitioerGs a44licatio for bail ad for

release o recogiace was deied* The deter(iatio that the e!idece of guilt isstrog, whether ascertaied i a hearig of a a44licatio for bail or i(4orted fro( a trial

courtGs =udg(et of co!ictio, =ustifies the detetio of a accused as a !alid curtail(et

of his right to 4ro!isioal liberty* This accetuates the 4ro!iso that the deial of the rightto bail i such cases is regardless of the stage of the cri(ial actio*


23/53

6uch =ustificatio for cofie(et with its uderlyig ratioale of 4ublic self7defese

a44lies eually to detetio 4risoers li5e Trillaes or co!icted 4risoers7a44ellats li5e)alos=os* The Court i Peo4le !*


24/53

PEOPLE VS. @OLGA!O [85 P@>L 52; G.R.L-2809; 22 MAR 1950]

6uday, February 1, 2009 Posted by Coffeeholic Writes


Facts: #44ellat Frisco


25/53

that the accused be assistedby cousel es4ecially because of the ualified 4lea gi!e by

hi( ad the seriousess of the offese foud to be ca4ital by the court*

P&'( ) A#=aa+" 284 SCRA 315 1998Facts: The a44ellat was charged for ra4ig his 17year old daughter ad was foud

guilty of the cri(e of ra4e* # (otio for a ew trial was filed before the court by the ewcousel of the accused assailig the irregularities 4re=udicial to the substatial rights

of the accused i!o5ig the failure of the court to ifor( the accused of his right to

choose his ow cousel ad the !iolatio of the a44ellats right for a 2 day 4re4aratio

for trial*

Issue: Whether or ot the failure of the record to disclose affir(ati!ely that the trial =udgead!ised the accused of the right to ha!e cousel is sufficiet groud to re!erse the

=udg(et of co!ictio ad to sed the case bac5 for a ew trial*

Held: ;t is settled that the failure of the record to disclose affir(ati!ely that the trial =udge

ad!ised the accused of his right to cousel is ot sufficiet groud to re!erse co!ictio*

The reaso beig that the trial court (ust be 4resu(ed to ha!e co(4lied with the

4rocedure 4rescribed by law for the hearig ad trial of cases, ad that such a

4resu(4tio ca oly be o!erco(e by a affir(ati!eshowig to the cotrary* Thus it has

bee held that uless the cotrary a44ears i the record, or that it is 4ositi!ely 4ro!edthat the trialcourt failed to ifor( the accused of his right to cousel, it will be 4resu(ed

that the accused was ifor(ed by the court of such right*

6ectio 9 of +ule 11 of the +ules of Court 4ro!ides that after a 4lea of ot guilty, the

accused is etitled to two .2/ days to 4re4are for trial uless the court for good cause

grats hi( further ti(e* ;t (ust be 4oited out that the right (ust be e@4resslyde(aded* "ly whe so de(aded does deial thereof costitute re!ersible error ad a

groud for ew trial* Further, such right (ay be wai!ed, e@4ressly or i(4liedly* ; the

istat case, a44ellat did ot as5 for ti(e to 4re4are for trial, hece, he effecti!ely

wai!ed such right* ;t is uteable to belie!e that the cousel who re4resetedthe a44ellat was ot 4re4ared durig the trial as records showed he was able to cross7

e@a(ie the co(4laiat ad there was o groud to clai( he is ico(4etet to re4resetthe a44ellat i court* The 6C thereby affir(ed the decisio of the lower court*


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SOR>ANO VS. SAN!>GAN,AAN [131 SCRA 184; G.R. NO.L-65952; 31 L1984]



Facts: Ta was accused of ualified theft* The 4etitioer, who was a #sst* Fiscal, was

assiged to i!estigate* ; the course of the i!estigatio, 4etitioer de(aded Ph4*000

fro( Ta as 4rice for dis(issig the case* Ta re4orted it to the 8-; which set u4 a

etra4(et* Ta was gi!e a Ph4*2000, (ar5ed bill, ad he had su44lied the other half*

The etra4(et succeeded ad a ifor(atio was filed with the 6adigabaya* #fter

trial, the 6adigabaya redered a decisio fidig the 4etitioer guilty as a 4rici4al i

!iolatig the #ti ?raft ad Corru4t Practices #ct .+*#*019/* # (otio for

recosideratio was deied by the 6adigabaya, hece this istat 4etitio*

Issue: Whether or 8ot the i!estigatio coducted by the 4etitioer ca be regarded as

cotract or trasactio withi the 4ur!iew of *+#*019*

Held: +*#* 019 6ec** Corru4t 4ractices of 4ublic officers 7 ; additio to acts or

o(issios of 4ublic officers already 4ealied by e@istig laws, the followig shall

costitute corru4t 4ractices of ay 4ublic officer ad are hereby declared to be ulawful:

@@@ b* Directly or idirectly reuestig or recei!ig ay gift, 4reset, share 4ercetage or

beefit, for hi(self or for other 4erso, i coectio with ay cotract or trasactio

betwee the ?o!t* ad ay other 4arty wherei the 4ublic officer i his official ca4acity

has to iter!ee uder the law*

The 4etitioer stated that the facts (a5e out a case of direct bribery uder #rt*210 of the

+PC ad ot a !iolatio of +*#* 019 sec* .b/* The offese of direct bribery is ot

the offese charged ad is ot icluded i the offesecharged which is !iolatio of

+*#*019 sec* .b/*

The res4odet clai(ed that, trasactio as used hereof, is ot li(ited to co((ercialor busiess trasactio, but icludes all 5ids of trasactio whether co((ercial, ci!il, or

ad(iistrati!e i ature*

The court agrees with the 4etitioer* ;t is ob!ious that the i!estigatio coducted by the

4etitioer was either a cotract or trasactio* # trasactio li5e a cotract is oe which

http://cofferette.blogspot.com/2009/02/soriano-vs-sandiganbayan-131-scra-184.htmlhttp://cofferette.blogspot.com/2009/02/soriano-vs-sandiganbayan-131-scra-184.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Lawhttp://cofferette.blogspot.com/2009/02/soriano-vs-sandiganbayan-131-scra-184.htmlhttp://cofferette.blogspot.com/2009/02/soriano-vs-sandiganbayan-131-scra-184.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Law


27/53

i!ol!es so(e cosideratio as i credit trasactios* #d this ele(et is abset i the

i!estigatio coducted by the 4etitioer*

)udg(et (odified* Petitioer is guilty of direct bribery uder #rt*210 of the +PC*

,ORA VS. MEN!OA [ SCRA 422; G.R. NO.L-4566; 20 N 19]

6uday, February 1, 2009 Posted by Coffeeholic WritesLabels: Case Digests, Political Law

Facts: -or=a was accused of slight 4hysical i=uries i the City of Cebu*


28/53

cousel beig thus (aifest, it is correct that the 6olicitor ?eeral agreed with 4etitioer

that the setece i(4osed o hi( should be set aside for beig ull* The absece of

a arraig(et ca be i!o5ed atayti(e i !iew of the reuire(ets of due 4rocess to

esure a fair ad i(4artial trial*

Wherefore, the 4etitio for certiorari is grated* The decisio of res4odet )udge

+o(ulo +* 6eiig dated Dece(ber 2$, 19%, fidig the accusedguilty of the cri(e of

slight 4hysical i=uries, is ullified ad set aside* Li5ewise, the decisio of res4odet

)udge +afael T* 'edoa dated 8o!e(ber 1, 19%, affir(ig the aforesaid decisio of

)udge 6eiig, is ullified ad set aside* The case is re(aded to the City Court of Cebu

for the 4rosecutio of the offese of slight 4hysical i=uries, with due res4ect ad

obser!ace of the 4ro!isios of the +ules of Court, startig with thearraig(et of

4etitioer*

Cas !"#s$% Ma$/"& ). P&'(SHEALA P- .ATRIDO, Petitioer, !s* PEOPLE OF THE PHILIPPINES,

+es4odet*

1-R- N%- 5;,5/ 2uly 5B/ =,,-

CARPIO .ORALES/ 2-:

Petitioer 6heala 'atrido is a credit ad collectio assistat of &(4ire &ast Lad


29/53

That o or about the 10th day of )ue 1999, i the City of 'a5ati, Phili44ies ad withi

the =urisdictio of this


30/53

fro( liability* That the (oey, ta5e by 4etitioer without authority ad coset, belogs

to 4ri!ate co(4laiat, ad that the ta5ig was acco(4lished without the use of !iolece

or iti(idatio agaist 4ersos, or force u4o thigs, there is o issue*

;tet to gai or ai(us lucradi is a iteral act that is 4resu(ed fro( the ulawful

ta5ig by the offeder of the thig sub=ect of as4ortatio* #ctual gai is irrele!at as thei(4ortat cosideratio is the itet to gai*

The ta5ig was also clearly doe with gra!e abuse of cofidece* #s a credit adcollectio assistat of 4ri!ate co(4laiat, 4etitioer (ade use of her 4ositio to obtai

the a(out due to 4ri!ate co(4laiat*


31/53

PEOPLE VS *EE

F#CT6: #44ellat is a Chiese atioal i his forties, a busiess(a, ad a residet of-aguio City* # raid coducted by o4erati!es of the 8atioal -ureau of ;!estigatio.8-;/ ad Phili44ie 8atioal Police 8arcotics Co((ad .P8P 8#+C"'/ at 4re(ises

allegedly leased by a44ellat ad at his residece yielded huge uatities of (ari=uaa*

#44ellat (o!ed to uash the search warrat o the groud that it was too geeral ad

that the 8-; had ot co(4lied with the reuire(ets for the issuace of a !alid search

warrat* The 4edecy of said (otio, howe!er, did ot sto4 the filig of the a44ro4riatecharges agaist a44ellat* ; a ifor(atio dated )uly 2, 199$, the City Prosecutor of

-aguio City charged 'odesto Tee, alias “&stoy Tee,” with illegal 4ossessio of(ari=uaa*

;663&: Whether or ot the a44ellatGs cotetio that the descri4tio o the serach

warrat which says “a udeter(ied a(out of (ari=uaa,” was too geeral adhece (a5es the warrat !oid for !agueess*


32/53

decisio of the court for ta5ig ad(issible as e!idece the (ari=uaa seied fro( the

accused by !irtue of allegedly geeral search warrat* They further coted that the

accused was de4ri!ed of his right to s4eedy trial by failure of the 4rosecutio to 4roducetheir witess who failed to a44ear durig the 20 hearig dates thereby slowig dow the

trial 4rocedure*

Issue

Whether or ot the substati!e right of the accused for a s4eedy trial 4re=udiced durigthe hearig of the case*

Held

The court ruled that the substati!e right of the accused for a fair ad s4eedy trial was ot

!iolated* ;t held that the 64eedy Trial #ctof 199$ 4ro!ides that the trial 4eriod for the

cri(ial cases should be i geeral 1$0 days*


33/53

the Peo4le of the Phils* agaist who( it is filed was ot a tribual e@ercisig =udicial fuctios ad w

(ade a 4art to the 4etitio there are isufficiet facts to costitute a cause of actio* 'oreo!er it defe

ste4s to co(4lete the trascri4t of steogra4hic otes of the origial trial*

Issue: Whether or ot the costitutioal rights of the accused to a s4eedy trial was !iolated*

Held: The court referred to 4re!ious =uris4rudece u4holdig the costitutioal rights of the accused

e(4hasis that such right is (ore sigificat tha the 4rocedural defects 4oited out by the Peo4le of t

ha!e bee (ade 4arty7res4odet to the 4etitio* Techicalities should always gi!e way to the reality

absece of a !alid decisio the stage trial was ot co(4leted ad the accused should be accorded with

ot bee accorded their right to be tried as 4ro(4tly as circu(staces 4er(it* Thus the 6C fids (eri

4etitioers*

CON!E VS. R>VERA [45 P@>L 650; G.R. NO. 2141; 25 AN 1924]



Facts: #urelia Code, for(erly a (uici4al (idwife i Lucea, Tayabas, has bee forced

to res4od to o less the fi!e ifor(atio for !arious cri(es ad (isde(eaors, has

a44eared with her witesses ad cousel athearigs o less tha o eight differet

occasios oly to see the cause 4ost4oed, has twice bee reuired to co(e to the

6u4re(e Court for 4rotectio, ad ow, after the 4assage of (ore tha oe year fro( the

ti(e whe the first ifor(atio was filed, see(s as far away fro( a defiite resolutio of

her troubles as she was whe origially charged*

Issue: Whether or 8ot 4etitioer has bee deied her right to a s4eedy ad i(4artial trial*

Held: Phili44ie orgaic ad statutory law e@4ressly guaratee that i allcri(ial

4rosecutios the accused shall e=oy the right to ha!e a s4eedy trial* #urelia Code, li5e

all other accused 4ersos, has a right to a s4eedy trial i order that if iocet she (ay go

free, ad she has bee de4ri!ed of that right i defiace of law* We lay dow the legal

4ro4ositio that, where a 4rosecutig officer, without good cause, secures 4ost4oe(ets

of the trial of a defedat agaist his 4rotest beyod a reasoable 4eriod of ti(e, as i this

http://cofferette.blogspot.com/2009/02/conde-vs-rivera-45-phil-650-gr-no-21741.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Lawhttp://cofferette.blogspot.com/2009/02/conde-vs-rivera-45-phil-650-gr-no-21741.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Law


34/53

istace for (ore tha a year, the accused is etitled to relief by a 4roceedig i

(ada(us to co(4el a dis(issal of the ifor(atio, or if he be restraied of his liberty,

by habeas cor4us to obtai his freedo(*

Aaleriao !s* &CC ad ?6;6, )ue $, 2000 ?+ 1200

Facts:

Celestio Aaleriao was e(4loyed as a firetruc5 dri!er* " the e!eig of )uly , 19$,

after ha!ig dier with a fried, Aaleriao (et a accidet ad was se!erely i=ured

whe the !ehicle he was o collided with aother* Aaleriao clai(ed for beefits fro( the

?6;6 which the latter deied for beig o7co(4esable* The &CC ad C# sustaied the

syste(, reasoig that the i=ury resulted ot fro( a accidet arisig out of ad i the

course of e(4loy(et or was it wor57coected*

;ssue: Whether or ot the i=uries sustaied by A#leriao i the collisio was

co(4esable*

+ulig:

Aaleriao’s i=uries were o7co(4esable*

Aaleriao’s cotetio, citig the


35/53

Facts:

'iguel 'a4alo ad Cadida uiba, si(4le illiterate far(ers, were registered owers of a

residetial lad i 'aaoag, Pagasia* "ut of lo!e ad affectio for 'a@i(o 'a4alo,'iguel’s brother who was about to get (arried, they decided to doate the easter half of the lad*


36/53

e@ist as regards the wester 4ortio of the lad i relatio to the deed of 19 that there

was o doatio with res4ect to the sa(e*

Was there a cause or cosideratio to su44ort the e@istece of a cotrary of saleM 6ice

the deed of sale of 19 is go!ered by the "ld Ci!il Code, it should be as5ed whether its

case is oe wherei there is no consideration, or oe with a state(et of a falseconsideration* ;f the for(er, it is !oid ad ie@istet if the latter, oly !oidable, uder the

"ld Ci!il Code* #s obser!ed earlier, the deed of sale of 19 stated that it had for its

cosideratio Fi!e


37/53

uash the ifor(atio was filed by the 4ri!ate res4odet cotedig a(og others that

he is charged for a offece which has 4rescribed* 6aid (otio was grated* The cri(e

was co((itted o )auary 21, 19%, 4eriod of 4rescri4tio was 10 years, therefore it has 4rescribed i 19$* 8ow the (otio to uash was beig assailed*

Issue: Whether or 8ot the (otio to uash !alidly grated*

Held: Bes* +# 019, beig a s4ecial law the co(4utatio of the 4eriod for the 4rescri4tio of the cri(e is go!ered by 6ec* 29 of #ct 8o* 2, which begis to ru

fro( the day of the co((issio of the cri(e ad ot the disco!ery of it* #dditioally, -P

19 which was a44ro!ed o 'arch 1, 19$2, a(edig 6ec* 11 of +# 019 by icreasig

te to fiftee years of the 4eriod for the 4rescri4tio or e@tiguish(et of a !iolatio of +# 019 (ay ot be gi!e retroacti!e a44licatio to the cri(e which was co((itted by

Paredes, as it is 4re=udicial to the accused* To a44ly -P 19 to Paredes would (a5e it a

e@ 4ost facto law1 for it would alter his situatio to his disad!atage by (a5ig hi(

cri(ially liable for a cri(e that had already bee e@tiguished uder the law e@istigwhe it was co((itted*

LACSON VS- EECUTIVE SECRETAR0

Facts:

&le!e 4ersos belie!ed to be (e(bers of the Euratog -aleleg gag,

a orgaied cri(e sydicate i!ol!ed i ba5 robberies, were slai by ele(ets of the

#ti7-a5 +obbery ad;telligece Tas5 ?rou4 .#-+;T?/* #(og those icluded i the

#-+;T? were 4etitioers ad 4etitioer7iter!eors*

#ctig o a (edia e@4ose of 6P"2 &duardo delos +eyes, a (e(ber of the Cri(ial

;!estigatio Co((ad, that what actually tras4ired was a su((ary e@ecutio ad ot a

shoot7out betwee the Euratog -aleleg gag (e(bers ad the #-+;T?, "(buds(a

#iao Desiertofor(ed a 4ael of i!estigators to i!estigate the said icidet* 6aid

4ael foud the icidet as a legiti(ate 4olice o4eratio*


38/53


39/53

4ublic officials ad uder the trasitory 4ro!isio i 6ectio %, to “all cases 4edig i

ay court*” Cotrary to 4etitioer ad iter!eors’ argu(et, the law is ot

4articularly directed oly to the Euratog -aleleg cases* The trasitory 4ro!isio does

ot oly co!er cases which are i the 6adigabaya but also i “ay court*”

There is othig e@ 4ost facto i +*#* $29* &@ 4ost facto law, geerally, 4ro!ides

retroacti!e effect of 4eal laws* +*#* $29 is ot a4eal law* ;t is a substati!e law o

=urisdictio which is ot 4eal i character* Peal laws are those acts of the Legislature

which 4rohibit certai acts ad establish 4ealties for their !iolatios or those that defie

cri(es ad 4ro!ide for their 4uish(et* +*#* %9%, as regards the 6adigabaya’s

=urisdictio, its (ode of a44eal ad other 4rocedural (atters, has bee declared by the

Court as ot a 4eal law, but clearly a 4rocedural statute, oe which 4rescribes rules of

4rocedure by which courts a44lyig laws of all 5ids ca 4ro4erly ad(iister =ustice* 8ot

beig a 4eal law, the retroacti!e a44licatio of +*#* $29 caot be challeged as

ucostitutioal*

; Peo4le !s* 'ote=o, it was held that a offese is said to ha!e bee co((itted i

relatio to the office if it is iti(ately coected with the office of the offeder ad

4er4etrated while he was i the 4erfor(ace of his official fuctios* 6uch iti(ate

relatio (ust be alleged i the ifor(atio which is essetial i deter(iig the

=urisdictio of the 6adigabaya*


40/53

FACTS: Petitioer Lacso was i!ol!ed i a cri(ial case thatstarted whe ele!e

4ersos, belie!ed to be (e(bers of the Euratog -aleleg ?ag .E-?/ were 5illed by

the #ti7-a5 +obbery ad ;telligece Tas5 ?rou4 .#-+;T?/where the4etitioer was

oe of the heads* The, i a (edia e@4ose, it was said that what ha44eed was a rub7out

ad ot a shoot7out* #(og other issues, 4etitioer argues that +e4ublic #ct .+*#*/ $29,

that was eacted durig his case was 4edig,has a retroacti!e effect ad is 4la fro( the

facts ad was (ade to suit the 4etitioer ’s case, thus, (a5ig it a e@74ost facto law that

would affect the right of the accused to 4rocedural due 4rocess*


41/53

8"T A#L;DN The duratio of 4ealty for the 4eriod of i(4riso(et was left for the

courts to deter(ie as if the =udicial de4art(et was a legislati!e de4’t* The e@ercise of

=udicial 4ower ot a atte(4t to use legislati!e 4ower or to 4rescribe ad create a law but

is a istace of the ad(i* of =ustice ad the a44* of e@istig laws to the facts of

4articular cases* 6aid sectio !iolates the rules o se4aratio of 4owers ad o7

delegability of legislati!e 4owers

Petitioer: L&" &C


42/53

>)(/ )s. Sa+ P/& G.R. N&. 1216 N&)=/ 1 2010

,"(( &D R"#:$s

I+le +s- Sa( Ped%

G.R. N&. 1216N&)-=/ 1; 2010

FACTS:

Followig a !ehicular collisio i #ugust 200, 4etitioer )aso ;!ler .4etitioer/

was charged before the 'etro4olita Trial Court of Pasig City .'TC/, with two se4arateoffeses: .1/ +ec5less ;(4rudece +esultig i 6light Physical ;=uries for i=uries

sustaied by res4odet &!agelie L* Poce .res4odet Poce/ ad .2/ +ec5less;(4rudece +esultig i


43/53

2* Whether 4etitioer ’s costitutioal right uder the Double )eo4ardy Clause bars further 4roceedigs i +ec5less ;(4rudece +esultig i NG%

The accused egati!e costitutioal right ot to be twice 4ut i =eo4ardy of

4uish(et for the sa(e offese 4rotects hi( fro(, a(og others, 4ost7co!ictio

4rosecutio for the sa(e offese, with the 4rior !erdict redered by a court of co(4etet

=urisdictio u4o a !alid ifor(atio*

Petitioer ado4ts the affir(ati!e !iew, sub(ittig that the two cases cocer the

sa(e offese of rec5less i(4rudece* The 'TC ruled otherwise, fidig that +ec5less;(4rudece +esultig i 6light Physical ;=uries is a etirely se4arate offese fro(

+ec5less ;(4rudece +esultig i


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>


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agaist the costitutioality of the law are a*/ it is !iolati!e of the costitutioal 4ro!isio

o o7i(4riso(et due to debt, ad b*/ it i(4airs freedo( of cotract*

ISSUE: Whether or ot -P 22 is costitutioal*

HELD: Bes, -P 22 is costitutioal*

The 6u4re(e Court first discussed the history of the law* The 6C e@4laied how the law

o estafa was ot sufficiet to co!er all acts i!ol!ig the issuace of worthless chec5s

that i estafa, it oly 4uishes the fraudulet issuace of worthless chec5s to co!er 4rior

or si(ultaeous obligatios but ot 4re7e@istig obligatios*

-P 22 is ai(ed at 4uttig a sto4 to or curbig the 4ractice of issuig chec5s that are

worthless, i*e* chec5s that ed u4 beig re=ected or dishoored for 4ay(et* The 4ractice

is 4roscribed by the state because of the i=ury it causes to 4ublic iterests*

-P 22 is ot !iolati!e of the costitutioal 4rohibitio agaist i(4riso(et for debt* The

“debt” cote(4lated by the costitutio are those arisig fro( cotracts .e@ cotractu/*

8o oe is goig to 4riso for o74ay(et of cotractual debts*


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of 4ublic 4olicy, the (a5ig ad issuace of a worthless chec5 is dee(ed 4ublic uisace

to be abated by the i(4ositio of 4eal sactios*

Chec5s are widely used due to the co!eiece it brigs i co((ercial trasactios ad

cofidece is the 4ri(ary basis why (erchats rely o it for their !arious co((ercial

uderta5igs* ;f such cofidece is sha5e, the usefuless of chec5s as currecy

substitutes would be greatly di(iished or (ay beco(e il* #y 4ractice therefore

tedig to destroy that cofidece should be deterred for the 4roliferatio of worthless

chec5s ca oly create ha!oc i trade circles ad the ba5ig co((uity* Thus, the

Cogress, through their e@ercise of 4olice 4ower, declared that the (a5ig ad issuace

of a worthless chec5 is dee(ed a 4ublic uisace which ca be abated by the i(4ositio

of 4eal sactios*

The 6u4re(e Court howe!er also e@4laied that .regardless of their 4re!ious e@4laatio

o e@ delicto debts/ the o74ay(et of a debt is ot the gra!a(e of the !iolatios of -P

22* The gra!a(e of the offese 4uished by -P 22 is the act of (a5ig ad issuig a

worthless chec5 or a chec5 that is dishoored u4o its 4resetatio for 4ay(et* ;t is ot

the o74ay(et of a obligatio which the law 4uishes* The law is ot iteded or

desiged to coerce a debtor to 4ay his debt* The thrust of the law is to 4rohibit, uder 4ai

of 4eal sactios, the (a5ig of worthless chec5s ad 4uttig the( i circulatio*

-ecause of its deleterious effects o the 4ublic iterest, the 4ractice is 4roscribed by the

law* The law 4uishes the act ot as a offese agaist 4ro4erty, but a offese agaist

4ublic order*

-e=a(i Aictoriao, a ;glesia i Cristo .;8C/ (e(ber, has bee a e(4loyee of the

&lialde +o4e Factory .&+F/ sice 19$*


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religious sects which 4rohibit affiliatio of their (e(bers i ay such labor orgaiatio,

is ucostitutioal ad that said law !iolates the &PW3’s ad &+F’s legalHcotractual

rights*

ISSUE: Whether or ot +# 0 is ucostitutioal*

HELD: 8o* The right to religio 4re!ails o!er cotractual or legal rights* #s such, a

;8C (e(ber (ay refuse to =oi a labor uio ad des4ite the fact that there is a close

sho4 agree(et i the factory where he was e(4loyed, his e(4loy(et could ot be

!alidly ter(iated for his o7(e(bershi4 i the (a=ority therei* Further, the right to

=oi a uio icludes the right ot to =oi a uio* The law is ot ucostitutioal* ;t

recogies both the rights of uios ad e(4loyers to eforce ter(s of cotracts ad at

the sa(e ti(e it recogies the wor5ers’ right to =oi or ot to =oi uio* +#

0 recogies as well the 4ri(acy of a costitutioal right o!er a cotractual right*

S VS. ,S*OS [3 P@>L. 31; G.R. L-12592; 8 MAR 1918]

6uday, February 0$, 2009 Posted by Coffeeholic Writes


Facts: ; the latter 4art of 191, u(erous cities of the Pro!ice of Pa(4aga

asse(bled, ad 4re4ared ad siged a 4etitio to the &@ecuti!e 6ecretary.4ri!ileged

co((uicatio/ through the law office of Crossfield ad "G-rie, ad fi!e idi!iduals

siged affida!its, chargig +o(a Pusala, =ustice of the 4eace of 'acabebe ad

'asatol, Pa(4aga, with (alfeasace i office ad as5ig for his re(o!al* The s4ecific

charges agaist the =ustice of the 4eace iclude the solicitatio of (oey fro( 4ersos

who ha!e 4edig cases before the =udge* 8ow, Pusala alleged that accused

4ublished a writig which was false, scadalous, (alicious, defa(atory, ad libelous

agaist hi(*

Issue: Whether or 8ot accused is etitled to costitutioal 4rotectio by !irtue of his

right to free s4eech ad free 4ress*

Held: Bes* The guaraties of a free s4eech ad a free 4ress iclude the right to criticie

=udicial coduct* The ad(iistratio of the law is a (atter of !ital 4ublic cocer*

Whether the law is wisely or badly eforced is, therefore, a fit sub=ect for 4ro4er

http://cofferette.blogspot.com/2009/02/us-vs-bustos-37-phil-731-gr-l-12592-8.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Lawhttp://cofferette.blogspot.com/2009/02/us-vs-bustos-37-phil-731-gr-l-12592-8.htmlhttp://cofferette.blogspot.com/search/label/Case%20Digestshttp://cofferette.blogspot.com/search/label/Political%20Law


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co((et* ;f the 4eo4le caot criticie a =ustice of the 4eace or a =udge the sa(e as ay

other 4ublic officer, 4ublic o4iio will be effecti!ely su44ressed* ;t is a duty which e!ery

oe owes to society or to the 6tate to assist i the i!estigatio of ay alleged

(iscoduct* ;t is further the duty of all who 5ow of ay official derelictio o the 4art of

a (agistrate or the wrogful act of ay 4ublic officer to brig the facts to the otice of those whose duty it is to iuire ito ad 4uish the(*

The right to asse(ble ad 4etitio is the ecessary coseuece of re4ublica istitutios

ad the co(4le(et of the 4art of free s4eech* #sse(bly (eas a right o the 4art of

cities to (eet 4eaceably for cosultatio i res4ect to 4ublic affairs* Petitio (eas that

ay 4erso or grou4 of 4ersos ca a44ly, without fear of 4ealty, to the a44ro4riate

brach or office of the go!er(et for a redress of grie!aces* The 4ersos asse(blig

ad 4etitioig (ust, of course, assu(e res4osibility for the charges (ade* #ll 4ersos

ha!e a iterest i the 4ure ad efficietad(iistratio of =ustice ad of 4ublic affairs*

Public 4olicy, the welfare of society, ad the orderly ad(iistratio of go!er(et ha!e

de(aded 4rotectio for 4ublic o4iio* The ie!itable ad icotestable result has bee

the de!elo4(et ad ado4tio of the doctrie of 4ri!ilege* #ll 4ersos ha!e a iterest i

the 4ure ad efficietad(iistratio of =ustice ad of 4ublic affairs* The duty uder which

a 4arty is 4ri!ileged is sufficiet if it is social or (oral i its ature ad this 4erso i

good faith belie!es he is actig i 4ursuace thereof although i fact he is (ista5e*

#lthough the charges are 4robably ot true as to the =ustice of the 4eace, they were

belie!ed to be true by the 4etitioers* ?ood faith surrouded their actio* Probable cause

for the( to thi5 that (alfeasace or (isfeasace i office e@isted is a44aret* The eds

ad the (oti!es of these cities to secure the re(o!al fro( office of a 4erso thought

to be !eal were =ustifiable* ; o way did they abuse the 4ri!ilege*

; the usual case (alice ca be 4resu(ed fro( defa(atory words* Pri!ilege destroys that

4resu(4tio* # 4ri!ileged co((uicatio should ot be sub=ected to (icrosco4ic

e@a(iatio to disco!er grouds of (alice or falsity*

:"("''"+ ,(&&-"+# M"((s E-'(&s O/#a+"Fa$"&+ )s. ,M;

51 SCRA 189

Post uder case digests, labor law at Tuesday, February 21, 2012 Posted by 6chio4hreic

'id

Facts: Phili44ie -loo(ig &(4loyees "rgaiatio .P-'&"/ decided to stage a (ass

de(ostratio i frot of 'alacaIag to e@4ress their grie!aces agaist the

alleged abuses of the Pasig Police*

http://coffeeafficionado.blogspot.com/2012/02/philippine-blooming-mills-employees.htmlhttp://coffeeafficionado.blogspot.com/2012/02/philippine-blooming-mills-employees.htmlhttp://coffeeafficionado.blogspot.com/search/label/case%20digestshttp://coffeeafficionado.blogspot.com/search/label/labor%20lawhttp://coffeeafficionado.blogspot.com/2012/02/philippine-blooming-mills-employees.htmlhttp://coffeeafficionado.blogspot.com/2012/02/philippine-blooming-mills-employees.htmlhttp://coffeeafficionado.blogspot.com/2012/02/philippine-blooming-mills-employees.htmlhttp://coffeeafficionado.blogspot.com/search/label/case%20digestshttp://coffeeafficionado.blogspot.com/search/label/labor%20lawhttp://coffeeafficionado.blogspot.com/2012/02/philippine-blooming-mills-employees.html


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#fter learig about the 4laed (ass de(ostratio, Phili44ie -loo(ig 'ills ;c*,

called for a (eetig with the leaders of the P-'&"* Durig the (eetig, the 4laed

de(ostratio was cofir(ed by the uio* -ut it was stressed out that the de(ostratio

was ot a stri5e agaist the co(4ay but was i fact a e@ercise of the laborersialieable costitutioal right to freedo( of e@4ressio, freedo( of s4eech ad freedo(

for 4etitio for redress of grie!aces*

The co(4ay as5ed the( to cacel the de(ostratio for it would iterru4t the or(al

course of their busiess which (ay result i the loss of re!eue* This was bac5ed u4 with

the threat of the 4ossibility that the wor5ers would lose their =obs if they 4ushed through

with the rally*

# secod (eetig too5 4lace where the co(4ay reiterated their a44eal that while thewor5ers (ay be allowed to 4artici4ate, those fro( the 1st ad regular shifts should ot

abset the(sel!es to 4artici4ate , otherwise, they would be dis(issed* 6ice it was too

late to cacel the 4la, the rally too5 4lace ad the officers of the P-'&" were

e!etually dis(issed for a !iolatio of the ? 8o 6tri5e ad 8o Loc5out’ clause of their

Collecti!e -argaiig #gree(et*

The lower court decided i fa!or of the co(4ay ad the officers of the P-'&" were

foud guilty of bargaiig i bad faith* Their (otio for recosideratio was

subseuetly deied by the Court of ;dustrial +elatios for beig filed two days late*

Issue: Whether or ot the wor5ers who =oied the stri5e !iolated the C-#*

Held: 8o* While the -ill of +ights also 4rotects 4ro4erty rights, the 4ri(acy of hu(a

rights o!er 4ro4erty rights is recogied* -ecause these freedo(s are delicate ad

!ulerable, as well as su4re(ely 4recious i our society ad the threat of sactios (ay

deter their e@ercise al(ost as 4otetly as the actual a44licatio of sactios, they eed

breathig s4ace to sur!i!e, 4er(ittig go!er(et regulatio oly with arrow

s4ecificity* Pro4erty ad 4ro4erty rights ca be lost thru 4rescri4tio but hu(a rights

are i(4rescri4tible* ; the hierarchy of ci!il liberties, the rights of free e@4ressio ad of

asse(bly occu4y a 4referred 4ositio as they are essetial to the 4reser!atio ad !itality

of our ci!il ad 4olitical istitutios ad such 4riority gi!es these liberties the sactity

ad the sactio ot 4er(ittig dubious itrusios*

The freedo(s of s4eech ad of the 4ress as well as of 4eaceful asse(bly ad of 4etitio

for redress of grie!aces are absolute whe directed agaist 4ublic officials or whe


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e@ercised i relatio to our right to choose the (e ad wo(e by who( we shall be

go!ered*”

Le'as#i +- CSC

?*+* 8o* L7%2119 'ay 29, 19$%Cortes, )*

Facts:

Petitioer Aaleti L* Legas4i agaist the Ci!il 6er!ice Co((issio* The

res4odet had earlier deied Legas4i’s reuest for ifor(atio o the ci!il ser!ice

eligibilities of certai 4ersos e(4loyed as saitarias i the


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ad the duty uder #rt* ;;; 6ec* % ha!e beco(e o4erati!e ad eforceable by !irtue of the

ado4tio of the 8ew Charter* Therefore, the right (ay be 4ro4erly i!o5ed i a

(ada(us 4roceedig such as this oe*

?o!er(et agecies are without discretio i refusig disclosure of, or access to,

ifor(atio of 4ublic cocer* This is ot to lose sight of the reasoable regulatioswhich (ay be i(4osed by said agecies i custody of 4ublic records o the (aer i

which the right to ifor(atio (ay be e@ercised by the 4ublic*

The authority to regulate the (aer of e@a(iig 4ublic records does ot carry

with it the 4ower to 4rohibit* # distictio has to be (ade betwee the discretio to refuse

outright the disclosure of or access to a 4articular ifor(atio ad the authority to

regulate the (aer i which the access is to be afforded* The first is a li(itatio u4othe a!ailability of access to the ifor(atio sought, which oly the Legislature (ay

i(4ose .#rt* ;;;, 6ec* , 19$% Costitutio/* The secod 4ertais to the go!er(et

agecy charged with the custody of 4ublic records* ;ts authority to regulate access is to be

e@ercised solely to the ed that da(age to, or loss of, 4ublic records (ay be a!oided,udue iterferece with the duties of said agecies (ay be 4re!eted, ad (ore

i(4ortatly, that the e@ercise of the sa(e costitutioal right by other 4ersos shall beassured*

Thus, while the (aer of e@a(iig 4ublic records (ay be sub=ect to reasoableregulatio by the go!er(et agecy i custody thereof, the duty to disclose the

ifor(atio of 4ublic cocer, ad to afford access to 4ublic records caot be

discretioary o the 4art of said agecies* Certaily, its 4erfor(ace caot be (ade

cotiget u4o the discretio of such agecies*

The costitutioal guaratee to ifor(atio o (atters of 4ublic cocer is ot

absolute* ;t does ot o4e e!ery door to ay ad all ifor(atio* 3der the Costitutio,access to official records, 4a4ers, etc*, are “sub=ect to li(itatios as (ay be 4ro!ided bylaw” .#rt* ;;;, 6ec* %, secod setece/* The law (ay therefore e@e(4t certai ty4es of ifor(atio fro( 4ublic scrutiy, such as those affectig atioal security* ;t follows that,i e!ery case, the a!ailability of access to a 4articular 4ublic record (ust be

circu(scribed by the ature of the ifor(atio sought, i*e*, .a/ beig of 4ublic cocer or

oe that i!ol!es 4ublic iterest, ad, .b/ ot beig e@e(4ted by law fro( the o4eratio

of the costitutioal guaratee*


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