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Philippine Supreme Court Jurisprudence: Home Law Firm Law Library Laws Jurisprudence Contact Us

This document summarizes a Supreme Court of the Philippines decision regarding the case of Jesus Trinidad y Bersamin, who was convicted of illegal possession of firearms and ammunition. The Regional Trial Court found Trinidad guilty based on testimony from police officers that firearms were recovered from his possession during an arrest. While Trinidad claimed he was unlawfully arrested, the court held his acquittal on related drug charges was not relevant to the possession case. The Court of Appeals affirmed his conviction.

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0% found this document useful (0 votes)
112 views73 pages

Philippine Supreme Court Jurisprudence: Home Law Firm Law Library Laws Jurisprudence Contact Us

This document summarizes a Supreme Court of the Philippines decision regarding the case of Jesus Trinidad y Bersamin, who was convicted of illegal possession of firearms and ammunition. The Regional Trial Court found Trinidad guilty based on testimony from police officers that firearms were recovered from his possession during an arrest. While Trinidad claimed he was unlawfully arrested, the court held his acquittal on related drug charges was not relevant to the possession case. The Court of Appeals affirmed his conviction.

Uploaded by

Lhyneth Cordero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Home Law Firm Law Library Laws

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February 2019 - Philippine Supreme Court

Decisions/Resolutions

Philippine Supreme
Court Jurisprudence

Philippine Supreme Court Jurisprudence >


Year 2019 > February 2019 Decisions > G.R.
No. 239957 - JESUS TRINIDAD Y BERSAMIN,
PETITIONER, v. THE PEOPLE OF PHILIPPINES,
RESPONDENT.:
:
G.R. No. 239957 - JESUS TRINIDAD Y
BERSAMIN, PETITIONER, v. THE PEOPLE OF
PHILIPPINES, RESPONDENT.

SECOND DIVISION

G.R. No. 239957, February 18, 2019

JESUS TRINIDAD Y BERSAMIN,


ChanRobles On- PETITIONER, v. THE PEOPLE OF
Line Bar Review PHILIPPINES, RESPONDENT.

DECISION

PERLAS-BERNABE, J.:

Before the Court is a petition for review on

certiorari1 filed by petitioner Jesus Trinidad y

Bersamin (Trinidad) assailing the Decision2

dated January 25, 2018 and the Resolution3


dated May 31, 2018 of the Court of Appeals
(CA) in CA-G.R. CR No. 39598, which affirmed

the Decision4 dated November 7, 2016 of the


Regional Trial Court of Pasig City, Branch 67
(RTC) in Crim. Case Nos. 155678 and 155679
finding him guilty beyond reasonable doubt of
ChanRobles MCLE
the crime of Illegal Possession of Firearms and
On-line
Ammunition under Section 28 (a) in relation
to Section 28 (e) (1), Article V of Republic Act

No. (RA) 10591.5


:
The Facts

On December 12, 2014, an Information6 was


filed before the RTC charging Trinidad with
violation of RA 10591, the pertinent portion of
which reads:

On or about November 14, 2014,


in Pasig City, and within the
jurisdiction of this Honorable
Court, the accused, being then a
private person, without any lawful
authority, did then and there
willfully, unlawfully and feloniously
have in [his] possession and under
[his] custody and control one (1)
unit [c]aliber .38 revolver marked
Smith & Wesson with serial
number 833268 with markings
"RJN", a small arm, loaded with six
(6) pieces live ammunitions of
caliber .38 with markings "1RN,
2RN, 3RN, 4RN, 5RN and 6RN",
without first securing the
necessary license or permit from
the Firearms and Explosives Office
of the Philippine National Police, in
violation of the above-entitled law.

Contrary to law.7

The prosecution alleged that at around 8:30 in


the evening of November 14, 2014, members
from the Philippine National Police (PNP)-Pasig
Police Station conducted a buy-bust operation,
:
with Police Officer (PO) 1 Randy S. Sanoy
(PO1 Sanoy) as the poseur buyer and PO1
Rodrigo J. Nidoy, Jr. (PO1 Nidoy) as the back-
up arresting officer, to apprehend a certain
"Jessie" who, purportedly, was involved in
illegal drug activities at Aurelia St., Barangay

Bagong Hog, Pasig City.8 After the alleged


sale had been consummated, PO1 Nidoy
arrested Trinidad, frisked him, and recovered
from the latter a 0.38 caliber revolver loaded
with six (6) live ammunitions tucked at his
back, as well as a 0.22 caliber rifle loaded
with seven (7) live ammunitions and two (2)
magazines (subject firearms and ammunition)
which were found beside the gate of his

house.9 When asked if he has any


documentation for the same, Trinidad claimed
that they were merely pawned to him. After
marking the seized items, they proceeded to
the nearby barangay hall and conducted
inventory and photography thereof, and then
went to the police station where the request

for ballistic examination was made.10 Finally,


the seized items were brought to the crime
laboratory, where, after examination, it was
revealed that "the firearms are serviceable
and the ammunitions are live and
February-2019
serviceable."11 During trial, Trinidad's counsel
Jurisprudence
agreed to the stipulation that Trinidad has no
license to possess or carry firearms of any

caliber at the time of his arrest.12


G.R. Nos.
223869-960, For his part, Trinidad denied the accusations
:
February 13, 2019 - against him, claiming, among others, that
NEPTALI P. aside from the present case, he was also
SALCEDO, charged with the crime of Illegal Sale and
Petitioner, v. THE Possession of Dangerous Drugs, which arose
HONORABLE THIRD from the same incident, but was, however,
DIVISION OF THE acquitted13 therein for, inter alia, failure of
SANDIGANBAYAN the prosecution to prove that Trinidad
AND PEOPLE OF was validly arrested thru a legitimate
THE PHILIPPINES, buy-bust operation. He then formally
Respondents. offered in evidence the said acquittal ruling,
which was objected by the public prosecutor
G.R. No. 220913, for being immaterial and irrelevant to the
February 04, 2019 -
present case.14 The RTC admitted said
ALLEN C. PADUA
evidence only as part of Trinidad's
AND EMELITA F.
testimony.15
PIMENTEL,
Petitioners, v. The RTC Ruling
PEOPLE OF THE
PHILIPPINES, In a Decision16 dated November 7, 2016, the

FAMILY CHOICE RTC found Trinidad guilty beyond reasonable

GRAINS doubt of two (2) counts of violation of RA

PROCESSING 10591, and accordingly, sentenced him to

CENTER, INC., AND suffer the penalty of imprisonment for an

GOLDEN SEASON indeterminate period of ten (10) years, eight

GRAINS CENTER, (8) months, and one (1) day, as minimum, to

INC., Respondents. eleven (11) years and four (4) months of

prision mayor, as maximum, for each count.17


G.R. No. 238467,
The RTC found that the prosecution was able
February 12, 2019 -
to prove all the elements of the crime of
MARK ANTHONY V.
Illegal Possession of Firearms and
ZABAL, THITING
Ammunition, considering that: (a) PO1 Nidoy
ESTOSO
positively identified the firearms presented
JACOSALEM, AND
before the court as the same firearms seized
:
ODON S. and recovered from Trinidad's possession; and
BANDIOLA, (b) Trinidad admitted that he is not a holder of
Petitioners, v. any license or permit from the PNP Firearms
RODRIGO R. and Explosives Unit. It gave credence to the
DUTERTE, positive, clear, and categorical testimonies of
PRESIDENT OF THE the prosecution's witnesses rather than
REPUBLIC OF THE Trinidad's defenses of denial and alibi.18 It
PHILIPPINES; likewise held that Trinidad's acquittal in the
SALVADOR C. drugs charges is immaterial to this case,
MEDIALDEA, opining that the ground for his acquittal is
EXECUTIVE neither unlawful arrest nor unlawful search
SECRETARY; AND and seizure, but the procedural flaw in the
EDUARDO M.
chain of custody of the dangerous drugs.19
A�O,
[SECRETARY] OF Aggrieved, Trinidad appealed20 to the CA.
THE DEPARTMENT
The CA Ruling
OF INTERIOR AND
LOCAL
In a Decision21 dated January 25, 2018, the
GOVERNMENT,
CA affirmed Trinidad's conviction with
Respondents.
modification, sentencing him to suffer the
penalty of imprisonment for an indeterminate
G.R. No. 229823,
period of eight (8) years and one (1) day of
February 27, 2019 -
prision mayor, as minimum, to ten (10) years,
PEOPLE OF THE
eight (8) months, and one (1) day of prision
PHILIPPINES,
mayor, as maximum, for each count.22 The
Plaintiff-Appellee, v.
CA ruled that the evidence for the prosecution
ROGER ACABO,
convincingly established all the elements of
Accused-Appellant.
the crime charged as Trinidad: (a) was caught
in possession and control of two (2) firearms,
G.R. No. 232645,
February 18, 2019 - consisting of one (1) .38 caliber23 revolver

PEOPLE OF THE loaded with six (6) live ammunitions and one

PHlLIPPINES, (1) .22 caliber rifle loaded with seven (7) live
ammunitions, as well as two (2) magazines
:
Plaintiff-Appellee, v. during the conduct of the buy-bust operation;
ANTONIO and (b) failed to show any permit or license to
BALDERRAMA Y DE possess the same, simply claiming that the
LEON, Accused- said firearms were pawned to him.24 It
Appellant. likewise noted that Trinidad's counsel agreed
to the stipulation that Trinidad has no license
G.R. No. 237324, to possess or carry the subject firearms at the
February 06, 2019 -
time of his arrest.25 Finally, it agreed with the
REPUBLIC OF THE
RTC's opinion that Trinidad's acquittal in the
PHILIPPINES,
drugs charges was due to the prosecution's
REPRESENTED BY
failure to prove the chain of custody of the
THE DEPARTMENT
seized dangerous drugs, and not due to his
OF PUBLIC WORKS
supposed questionable arrest.26
AND HIGHWAYS,
Petitioner, v. Dissatisfied, Trinidad moved for
SPOUSES AURORA
reconsideration,27 but was denied in a
SILVESTRE AND
Resolution28 dated May 31, 2018; hence, this
ROGELIO
petition.
SILVESTRE, AND
NATIVIDAD GOZO The Issue Before the Court
(FORMERLY KNOWN
The sole issue for the Court's resolution is
AS "QQQQ"),
whether or not the CA correctly upheld
Respondents.
Trinidad's conviction for the crime charged.

G.R. No. 229099, The Court's Ruling


February 27, 2019 -
PEOPLE OF THE The petition is meritorious.

PHILIPPINES,
"At the outset, it must be stressed that in
Plaintiff-Appellee, v.
criminal cases, an appeal throws the entire
JOY ANGELES Y
case wide open for review and the reviewing
AGBOLOS, Accused-
tribunal can correct errors, though unassigned
Appellant.
in the appealed judgment, or even reverse the
trial court's decision based on grounds other
:
G.R. No. 233063, than those that the parties raised as errors.
February 11, 2019 - The appeal confers the appellate court full
PEOPLE OF THE jurisdiction over the case and renders such
PHILIPPINES, court competent to examine records, revise
Petitioner, v. HON. the judgment appealed from, increase the
SANDIGANBAYAN penalty, and cite the proper provision of the
(FIFTH DIVISION), penal law."29
REYNALDO O.
PAROJINOG, SR., "Section 2,30 Article III of the 1987
AND NOVA Constitution mandates that a search and
PRINCESS E. seizure must be carried out through or on
PAROJINOG the strength of a judicial warrant
ECHAVEZ, predicated upon the existence of
Respondents. probable cause, absent which, such
search and seizure becomes
G.R. No. 229938, 'unreasonable� within the meaning of
February 27, 2019 - said constitutional provision. To protect
PEOPLE OF THE the people from unreasonable searches and
PHILIPPINES, seizures, Section 3 (2),31 Article III of the
Plaintiff-Appellee, v. 1987 Constitution provides that evidence
JOSEPH A. AMPO obtained from unreasonable searches
(APPELLANT)AND and seizures shall be inadmissible in
JOHNNY A. CALO evidence for any purpose in any
(AT�LARGE), proceeding. In other words, evidence
ACCUSED. JOSEPH obtained and confiscated on the occasion of
A. AMPO, Accused- such unreasonable searches and seizures are
Appellant. deemed tainted and should be excluded for
being the proverbial fruit of a poisonous
G.R. No. 238104,
tree."32
February 27, 2019 -
ODELON ALVAREZ "One of the recognized exceptions to the need

MIRANDA, for a warrant before a search may be affected

Petitioner, v. SOCIAL is a search incidental to a lawful arrest. In


:
SECURITY this instance, the law requires that there
COMMISSION AND first be a lawful arrest before a search
SOCIAL SECURITY can be made � the process cannot be
SYSTEM, reversed."33
REPRESENTED BY
CARINA L. A lawful arrest may be affected with or

CATAHAN, without a warrant. With respect to the latter, a

Respondents. warrantless arrest may be done when, inter


alia, the accused is caught in flagrante

G.R. No. 226088, delicto,34 such as in buy-bust operations in


February 27, 2019 - drugs cases.35 However, if the existence of a
FOOD FEST LAND, valid buy-bust operation cannot be proven,
INC. AND and thus, the validity of the in flagrante
JOYFOODS delicto warrantless arrest cannot be
CORPORATION, established, the arrest becomes illegal and the
Petitioners, v. consequent search incidental thereto becomes
ROMUALDO C.
unreasonable.36 Resultantly, all the evidence
SIAPNO, TEODORO
seized by reason of the unlawful arrest is
C. SIAPNO, JR. AND
inadmissible in evidence for any purpose in
FELIPE C. SIAPNO,
any proceeding.37
Respondents.
In this case, Trinidad essentially anchors his
G.R. No. 196874, defense on the following contentions: (a) his
February 06, 2019 - arrest stemmed from a purported buy-bust
THE HEIRS OF THE operation where the illegal drugs and the
LATE SPOUSES subject firearms and ammunition were
ALEJANDRO allegedly recovered from him; (b) this
RAMIRO AND resulted in the filing of three (3) Informations
FELICISIMA against him, two (2) of which are for
LLAMADA, NAMELY; violations of RA 916538 (which were tried
HENRY L. RAMIRO; jointly), while the other pertains to the instant
MERLYN R. TAGUBA;
case; and (c) his acquittal39 in the drugs
MARLON L.
cases should necessarily result in his acquittal
:
RAMIRO; MARIDEL in this case as well. In finding these
R. SANTELLA, contentions untenable, the courts a quo
WILMA L. RAMIRO; opined that the resolution in the drugs cases
VILMA R. CIELO is immaterial in this case as they involve
AND CAROLYN R. different crimes40 and that "the ground for
CORDERO, the acquittal x x x is neither unlawful arrest
Petitioners, v. nor unlawful search or seizure, but the
SPOUSES procedural flaw in the chain of custody of the
ELEODORO AND
dangerous drugs."41
VERNA BACARON,
Respondents. However, a more circumspect review of the
decision absolving Trinidad of criminal liability
G.R. No. 208543, in the drugs cases reveals that he was
February 11, 2019 - acquitted therein not only due to unjustified
GOODLAND deviations from the chain of custody rule,42
COMPANY, INC., but also on the ground that the prosecution
Petitioner, v. BANCO failed to prove the existence of a valid
DE ORO-UNIBANK, buy-bust operation, thereby rendering
INC., AND Trinidad's in flagrante delicto warrantless
GOODGOLD REALTY arrest illegal and the subsequent search
AND DEVELOPMENT
on him unreasonable.43 Thus, contrary to
CORPORATION,
the courts a quo's opinions, Trinidad's
Respondents.
acquittal in the drugs cases, more particularly
on the latter ground, is material to this case
G.R. No. 234240,
because the subject firearms and ammunition
February 06, 2019 -
were simultaneously recovered from him
PEOPLE OF THE
when he was searched subsequent to his
PHILIPPINES,
arrest on account of the buy-bust operation.
Plaintiff-Appellee, v.
NOEL NAVASERO, The Court is aware that the findings on the

SR. Y HUGO, illegality of Trinidad's warrantless arrest were

Accused-Appellant. made in the drugs cases, which are separate


and distinct from the present illegal
:
G.R. No. 238839, possession of firearms and ammunition case.
February 27, 2019 - Nevertheless, the Court is not precluded from
PEOPLE OF THE taking judicial notice of such findings as
PHILIPPINES, evidence, and apply them altogether for the
Plaintiff-Appellee, v. judicious resolution of the same issue which
ANTHONY MABALO was duly raised herein. To be sure, the
Y BACANI, Accused- general rule is that the courts are not
Appellant. authorized to take judicial notice of the
contents of the records of other cases.
G.R. No. 217123 - However, this rule admits of exceptions, such
OSCAR M. as when the other case has a close connection
PARINGIT, with the matter in controversy in the case at
PETITIONER, v. hand.44 In Bongato v. Spouses Malvar,45 the
GLOBAL GATEWAY Court held:
CREWING
SERVICES, INC.,* [A]s a general rule, courts do not

MID-SOUTH SHIP take judicial notice of the evidence

AND CREW presented in other proceedings,

MANAGEMENT, INC., even if these have been tried or

AND/OR CAPTAIN are pending in the same court or

SIMEON FLORES, before the same judge. There are

RESPONDENTS. exceptions to this rule. Ordinarily,


an appellate court cannot refer to

G.R. No. 211105 - the record in another case to

RUBY C. DEL ascertain a fact not shown in the

ROSARIO, record of the case before it, yet, it

PETITIONER, v. CW has been held that it may consult

MARKETING & decisions in other proceedings, in

DEVELOPMENT order to look for the law that is

CORPORATION/KENNETH determinative of or applicable to

TUNG, the case under review. In some

RESPONDENTS. instances, courts have also


taken judicial notice of
proceedings in other cases that
:
G.R. No. 200774 - are closely connected to the
GERMAN MARINE matter in controversy. These
AGENCIES, INC., ET cases "may be so closely
AL. PETITIONERS, v. interwoven, or so clearly
TEODOLAH R. interdependent, as to invoke a
CARO, IN BEHALF rule of judicial notice."46
OF HER HUSBAND (Emphasis and underscoring
EDUARDO V. CARO, supplied)
RESPONDENT.
Here, an examination of the ruling47 in the
G.R. No. 213346 - drugs cases (which Trinidad offered as
REPUBLIC OF THE evidence and the RTC admitted as part of his
PHILIPPINES, testimony48 ) confirms that the drugs cases
PETITIONER, v. and this case are so interwoven and
MILLER OMANDAM interdependent of each other since, as
UNABIA, mentioned, the drugs, as well as the subject
RESPONDENT. firearms and ammunition, were illegally seized
in a singular instance, i.e., the buy-bust
G.R. No. 210731 - operation. Hence, the Court may take judicial
SIMEON LAPI Y notice of the circumstances attendant to the
MAHIPUS, buy-bust operation as found by the court
PETITIONER, v. which resolved the drugs cases. To recall, in
PEOPLE OF THE the drugs cases, the finding of
PHILIPPINES, unreasonableness of search and seizure of the
RESPONDENT. drugs was mainly based on the failure of PO1
Sanoy's testimony to establish the legitimacy
G.R. No. 221428 - of the buy-bust operation against Trinidad as
PEOPLE OF THE said testimony was found to be highly
PHILIPPINES,
doubtful and incredible.49 This circumstance
PLAINTIFF-
similarly obtains here as in fact, the
APPELLEE, v.
testimonies of both PO1 Nidoy50 and PO1
RENATO GALUGA Y
Sanoy51 in this case essentially just mirror on
WAD-AS, ACCUSED-
all material points the latter's implausible
:
APPELLANT. narration in the drugs cases. In view of the
foregoing, the Court concludes that the
G.R. No. 221434 - subject firearms and ammunition are also
PEOPLE OF THE inadmissible in evidence for being recovered
PHILIPPINES, from the same unreasonable search and
APPELLEE, v. seizure as in the drugs cases. Since the
RESTBEI B. confiscated firearms and ammunition are the
TAMPUS, very corpus delicti of the crime charged in this
APPELLANT. case, Trinidad's acquittal is in order.

WHEREFORE, the Petition is GRANTED. The


G.R. No. 221967 -
Decision dated January 25, 2018 and the
RAMIRO LIM &
Resolution dated May 31, 2018 of the Court of
SONS
Appeals in CA-G.R. CR No. 39598 are hereby
AGRICULTURAL CO.,
REVERSED and SET ASIDE. Petitioner Jesus
INC., SIMA REAL
Trinidad y Bersamin is ACQUITTED of the
ESTATE
crime charged. The Director of the Bureau of
DEVELOPMENT,
Corrections is ordered to cause his immediate
INC., AND RAMIRO
release, unless he is being lawfully held in
LIM, PETITIONERS,
custody for any other reason.
v. ARMANDO
GUILARAN, ROMEO SO ORDERED.
FRIAS, SANTIAGO
Carpio, Senior Associate Justice
CARAMBIAS, SR.,
(Chairperson), Caguioa, J. Reyes, Jr., and
JOEL SUAREZ,
VICENTE OBORDO, Hernando,*JJ., concur.
JESSIE DAYON,
Endnotes:
JOEL PALMA,
DOMICIANO
*
PITULAN, NINFA Designated Additional Member

ESPINOSA, ROMULO per Special Order Nos. 2629 and

DELA PE�A, 2630 dated December 18, 2018.

FERNANDO ROWEL,
1
Rollo, pp. 12-31.
VICENTE ESPINOSA,
:
PONCIANO 2
Id. at 35-47. Penned by
DACUMOS, OFELIA Associate Justice Jhosep Y. Lopez
FRIAS, GILBERT with Associate Justices Celia C.
CARAMBIAS, Librea-Leagogo and Maria Elisa
RODRIGO FRIAS, Sempio Diy, concurring.
NIXON CARAMBIAS,
3
RESTITUTO Id. at 49-51.
JUANICA,
4
Id. at 87-97. Penned by Acting
MARIANITA
Presiding Judge Maria Paz R.
GUILARAN, ALY
Reyes-Yson.
ROMERO,
ROSEMINDA 5
Entitled "AN ACT PROVIDING
JUANICA, LOLITA
FOR A COMPREHENSIVE LAW ON
ROMERO, LILIA
FIREARMS AND AMMUNITION AND
ROWEL, ANTONIO
PROVIDING PENALTIES FOR
DUMDUMAN,
VIOLATIONS THEREOF," otherwise
SANTIAGO
known as the "COMPREHENSIVE
CARAMBIAS, JR.,
FIREARMS AND AMMUNITION
DIOSCORO
REGULATION ACT," approved on
DACUMOS,
May 29, 2013.
ROSENDO
DACUMOS, JONIEL 6
Dated December 12, 2014; rollo,
DACUMOS, pp. 59-61.
LEONARDA
7
DACUMOS, JUDITA Id. at 59-60.
DACUMOS,
8
See id. at 36-37.
MIGUELA
DACUMOS, AND 9
See id. at 37-38.
NINFA CARAMBIAS,
RESPONDENT. 10
See id. at 38.

11
G.R. No. 198008 - Id.
REPUBLIC OF THE
12
See id.
:
PHILIPPINES, 13
See Joint Decision dated March
REPRESENTED BY 1, 2016 of the Regional Trial Court
THE REGIONAL of Pasig City, Branch 154 in
EXECUTIVE Criminal Case Nos. 19814-D-PSG
DIRECTOR, REGION and 19815-D-PSG penned by
X, DEPARTMENT OF Presiding Judge Achilles A. A.C.
PUBLIC WORKS Bulauitan; id. at 200-210.
AND HIGHWAYS,
14
PETITIONER, v. See id. at 39.
BENJOHN
15
See id. at 92.
FETALVERO,
RESPONDENT. 16
Id. at 87-97.

G.R. No. 238117 - 17


Id. at 96.
PEOPLE OF THE
18
PHILIPPINES, See id. at 94.
PLAINTIFF-
19
See id. at 95.
APPELLEE, v. EDWIN
ALCONDE Y MADLA 20
See Brief for the Accused-
AND JULIUS
Appellant dated July 24, 2017; id.
QUERQUELA* Y
at 66-85.
REBACA, ACCUSED-
APPELLANTS. 21
Id. at 35-47.

22
G.R. No. 237349 - See id. at 47.
PEOPLE OF THE
23
Erroneously indicated as ".22
PHILIPPINES,
caliber revolver" in the CA
PLAINTIFF-
Decision; id. at 42.
APPELLEE, v.
MANUEL BASA, JR., 24
See id.
A.K.A. "JUN,"
ACCUSED- 25
See id. at 43-44.
APPELLANT.
:
26
See id. at 44-45.
G.R. No. 239957 -
27
JESUS TRINIDAD Y See motion for reconsideration
BERSAMIN, dated February 20, 2018; id. at
PETITIONER, v. THE 52-58.
PEOPLE OF
28
Id. at 49-51.
PHILIPPINES,
RESPONDENT. 29
People v. Comboy, 782 Phil.
187, 196 (2016), citing Manansala
G.R. No. 233833 -
v. People, 775 Phil. 514, 520
PEOPLE OF THE
(2015).
PHILIPPINES,
PLAINTIFF- 30
Section 2, Article III of the 1987
APPELLEE, v. CONSTITUTION reads:
ROMULO ARAGO,
JR. Y COMO, Section 2. The right of

ACCUSED- the people to be secure

APPELLANT. in their persons,


houses, papers, and

G.R. No. 222423 - effects against

METROPOLITAN unreasonable searches

MANILA and seizures of

DEVELOPMENT whatever nature and

AUTHORITY, for any purpose shall

PETITIONER, v. be inviolable, and no

D.M. CONSUNJI, search warrant or

INC. AND R-II warrant of arrest shall

BUILDERS, INC., issue except upon

RESPONDENTS. probable cause to be


determined personally

G.R. No. 228807 - by the judge after

CARLITO B. examination under oath

LINSANGAN, or affirmation of the


complainant and the
:
PETITIONER, v. witnesses he may
PHILIPPINE produce, and
DEPOSIT particularly describing
INSURANCE the place to be
CORPORATION, searched and the
RESPONDENT. persons or things to be
seized.
G.R. No. 236023 -
31
MACACUNA BADIO Section 3 (2), Article III of the

Y DICAMPUNG, 1987 CONSTITUTION reads:

PETITIONER, v.
Section 3. x x x.
PEOPLE OF THE
PHILIPPINES, (2) Any evidence

RESPONDENT. obtained in violation of


this or the preceding

G.R. No. 209608 - section shall be

DIGITAL PARADISE, inadmissible for any

INC., AS purpose in any

REPRESENTED BY proceeding.

FEDERICO
32
Sindac v. People, 794 Phil. 421,
EUGENIO,
428 (2016).
PETITIONER, v.
HON. ORLANDO C. 33
See id.
CASIMIRO, IN HIS
CAPACITY AS THE 34
Section 5 (a), Rule 113 of the
OVERALL DEPUTY REVISED RULES OF CRIMINAL
OMBUDSMAN; HON. PROCEDURE provides:
DENNIS L. GARCIA,
Section 5. Arrest
IN HIS CAPACITY
without warrant; when
AS DIRECTOR;
lawful. - x x x.
HON. ROLANDO W.
CERVANTES, IN HIS (a) When, in his
CAPACITY AS presence, the person to
:
GRAFT be arrested has
INVESTIGATION committed, is actually
AND PROSECUTION committing, or is
OFFICER; P/CINSP. attempting to commit
JOEL MANUEL A. an offense[.]
ANA, PSI RONNIE
35
FAILOGA, PO3 See People v. Amin, G.R. No.

DEMETRIO PRIETO, 215942, January 18, 2017, 814

[*] AND PO1 SCRA 639, 646. See also People v.

SAMUEL ESCARIO Rivera, 790 Phil. 770, 779-780

DONES, (2016).

RESPONDENTS. 36
See People v. Lim, 435 Phil.
640, 664 (2002).
G.R. No. 212611 -
HEIRS OF BATORI, 37
See id.
[*] REPRESENTED
38
BY GLADYS B. Entitled "AN ACT INSTITUTING
ABAD, PETITIONER, THE COMPREHENSIVE
v. THE REGISTER DANGEROUS DRUGS ACT OF 2002,
OF DEEDS OF REPEALING REPUBLIC ACT NO.
BENGUET AND 6425, OTHERWISE KNOWN AS THE
PACITA GALVEZ, DANGEROUS DRUGS ACT OF 1972,
RESPONDENTS. As AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER
G.R. No. 212979 - PURPOSES," approved on June 7,
MA. ANTONETTE 2002.
LOZANO,
39
PETITIONER, v. See rollo, pp. 200-210.

JOCELYN K. 40
See id. at 45.
FERNANDEZ
RESPONDENT. 41
See id. at 95.

42
G.R. No. 232687 - See id. at 207-209. See also
:
SLORD People v. Paming, G.R. No.
DEVELOPMENT 241091, January 14, 2019; People
CORPORATION, v. Bambico, G.R. No. 238617,
PETITIONER, v. November 14, 2018; People v.
BENERANDO M. Mama, G.R. No. 237204, October
NOYA, 1, 2018.
RESPONDENT.
43
See rollo, pp. 205-207. See also

G.R. No. 241081 - Sindac v. People, supra note 32;

PEOPLE OF THE People v. Manago, 193 Phil. 505

PHILIPPINES, (2016); Comerciante v. People,

PLAINTIFF- 764 Phil. 627 (2015).

APPELLEE, v. 44
See Degayo v. Magbanua-
BERNIDO ACABO Y
Dinglasan, 757 Phil. 376, 390
AYENTO,[*]
(2015), citing Tiburcio v. People's
ACCUSED-
Homesite & Housing Corporation,
APPELLANT.
106 Phil. 477, 483-484 (1959).

G.R. No. 233999 - 45


436 Phil. 109 (2002).
TELEPHILIPPINES,
46
INC.,[*] Id. at 117-118; citations
PETITIONER, v. omitted.
FERRANDO H.
47
JACOLBE, See rollo, pp. 200-210.

RESPONDENT. 48
In T'Boli Agro-Industrial
Development, Inc. v. Solilapsi,
G.R. No. 220008 -
(442 Phil. 499, 513 [2002]), the
SOCORRO T.
Court held:
CLEMENTE, AS
SUBSTITUTED BY Courts may be required
SALVADOR T. to take judicial notice of
CLEMENTE, the decisions of the
PETITIONER, v. appellate courts but not
:
REPUBLIC OF THE of the decisions of the
PHILIPPINES coordinate trial courts,
(DEPARTMENT OF or even of a decision or
PUBLIC WORKS the facts involved in
AND HIGHWAYS, another case tried by
REGION IV-A), the same court itself,
RESPONDENT. unless the parties
introduce the same
G.R. No. 221117 - in evidence or the
JEBSENS MARITIME, court, as a matter of
INC., ABOITIZ convenience, decides to
JEBSENS BULK do so. (Emphasis and
TRANSPORT underscoring supplied)
CORPORATION,
49
AND/OR ENRIQUE See rollo, pp. 206-207.

M. ABOITIZ, 50
TSN, August 17, 2015, pp. 3-22
PETITIONERS, v.
and TSN, May 16, 2016, pp. 16-
JESSIE D. ALCIBAR,
46.
SUBSTITUTED BY
MILDRED U. 51
TSN, June 13, 2016, pp. 1-9.
ALCIBAR,
RESPONDENT.

G.R. No. 211176 -


BANGKO SENTRAL
Back to Home | Back to Main
NG PILIPINAS AND
PHILIPPINE
NATIONAL BANK,
PETITIONERS, v.
SPOUSES JUANITO
AND VICTORIA
LEDESMA,
RESPONDENTS.
:
[G.R. No. 211583,
February 6, 2019]
PHILIPPINE
NATIONAL BANK,
PETITIONER, v.
SPOUSES JUANITO
AND VICTORIA
LEDESMA,
RESPONDENTS.

A.C. No. 12125 -


CELIANA B.
BUNTAG, FLORA
ARBILERA,
VETALIANO BONGO,
SEBASTIAN BONGO,
PETRONILO BONGO,
LEO BONGO, AND
RAUL IMAN,
COMPLAINANTS, v.
ATTY. WILFREDO S.
TOLEDO,
RESPONDENT.

G.R. No. 217949 -


GOVERNMENT
SERVICE
INSURANCE
SYSTEM (GSIS),
PETITIONER, v.
REYNALDO P.
PALMIERY,
RESPONDENT.
:
G.R. No. 224297 -
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v.
EDGARDO ROYOL Y
ASICO, ACCUSED-
APPELLANT.

G.R. No. 238516 -


PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v.
ROGER RODRIGUEZ
Y MARTINEZ, ALIAS
"ROGER,"
ACCUSED-
APPELLANT.

G.R. Nos.
219824-25 -
PEOPLE OF THE
PHILIPPINES,
PETITIONER, v.
HONORABLE
SANDIGANBAYAN
(FIRST DIVISION),
MARIO L.
RELAMPAGOS,
MARILOU D. BARE,
ROSARIO S.
:
NU�EZ AND
LALAINE N. PAULE,
RESPONDENTS.

G.R. No. 216725 -


PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v.
ROGELIO YAGAO Y
LLABAN, ACCUSED-
APPELLANT.

G.R. No. 223405 -


CARLOS L. REYNES,
PETITIONER, v.
OFFICE OF THE
OMBUDSMAN
(VISAYAS),
LUCRESIA M.
AMORES, AND
MARIBEL
HONTIVEROS,
RESPONDENTS.

G.R. No. 217668 -


PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v. BENJIE
CARANTO Y
AUSTRIA,
ACCUSED-
:
APPELLANT.

G.R. No. 213502 -


JERLINDA M.
MIRANDA,
PETITIONER, v. THE
CIVIL SERVICE
COMMISSION AND
THE DEPARTMENT
OF HEALTH,
RESPONDENTS.

G.R. No. 229106 -


TIONG BI, INC.
[OWNER OF
BACOLOD OUR
LADY OF MERCY
SPECIALTY
HOSPITAL],
PETITIONER, v.
PHILIPPINE HEALTH
INSURANCE
CORPORATION,
RESPONDENT.

G.R. No. 228881 -


PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v.
DONDON
GUERRERO Y
ELING, ACCUSED-
:
APPELLANT.

G.R. No. 218731 -


NICOMEDES
AUGUSTO,
GOMERCINDO
JIMENEZ,
MARCELINO
PAQUIBOT, AND
ROBERTA SILAWAN,
PETITIONERS, v.
ANTONIO CARLOTA
DY AND MARIO DY,
RESPONDENTS.

G.R. No. 205333 -


MA. MELISSA
VILLANUEVA
MAGSINO,
PETITIONER, v.
ROLANDO N.
MAGSINO,
RESPONDENT.

G.R. No. 222648 -


PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v.
EDITHA TAMPAN,
ACCUSED-
APPELLANT.
:
G.R. No. 238566 -
PHILIP JOHN B.
MORENO,
ACOUNTANT
III/DIVISION CHIEF
II, PHILIPPINE
RETIREMENT
AUTHORITY,
PETITIONER, v.
COURT OF APPEALS
(SPECIAL FORMER
TENTH DIVISION)
AND OFFICE OF THE
OMBUDSMAN,
RESPONDENTS.

G.R. No. 202792 -


LA SALLIAN
EDUCATIONAL
INNOVATORS
FOUNDATION (DE
LA SALLE
UNIVERSITY-
COLLEGE OF ST.
BENILDE) INC.,
PETITIONER, v.
COMMISIONER OF
INTERNAL
REVENUE,
RESPONDENT.

G.R. No. 206709 -


VDM TRADING, INC.
:
AND SPOUSES LUIS
AND NENA
DOMINGO,
REPRESENTED BY
THEIR ATTORNEY-
IN-FACT, ATTY. F.
WILLIAM L.
VILLAREAL,
PETITIONERS, v.
LEONITA
CARUNGCONG AND
WACK WACK TWIN
TOWERS
CONDOMINIUM
ASSOCIATION, INC.,
RESPONDENTS.

G.R. No. 243522 -


REPRESENTATIVES
EDCEL C. LAGMAN,
TOMASITO S.
VILLARIN, TEDDY
BRAWNER
BAGUILAT, JR.,
EDGAR R. ERICE,
GARY C. ALEJANO,
JOSE CHRISTOPHER
Y. BELMONTE AND
ARLENE "KAKA" J.
BAG-AO,
PETITIONERS, v.
HON. SALVADOR C.
MEDIALDEA,
:
EXECUTIVE
SECRETARY, HON.
DELFIN N.
LORENZANA,
SECRETARY OF THE
DEPARTMENT OF
NATIONAL DEFENSE
AND MARTIAL LAW
ADMINISTRATOR;
GEN. BENJAMIN
MADRIGAL, JR.,
CHIEF OF STAFF OF
THE ARMED FORCES
OF THE
PHILIPPINES AND
MARTIAL LAW
IMPLEMENTOR; AND
HON. BENJAMIN E.
DIOKNO,
SECRETARY OF THE
DEPARTMENT OF
BUDGET AND
MANAGEMENT; AND
THE HOUSE OF
REPRESENTATIVES
AND THE SENATE
OF THE
PHILIPPINES AS
COMPONENT
HOUSES OF THE
CONGRESS OF THE
PHILIPPINES,
RESPECTIVELY
:
REPRESENTED BY
HON. SPEAKER
GLORIA
MACAPAGAL-
ARROYO AND HON.
SENATE PRESIDENT
VICENTE C. SOTTO
III, RESPONDENTS.
[G.R. No. 243677]
BAYAN MUNA
PARTYLIST
REPRESENTATIVE
CARLOS ISAGANI T.
ZARATE, GABRIELA
WOMEN'S PARTY
REPRESENTATIVES,
EMERENCIANA A.
DE JESUS, AND
ARLENE D. BROSAS,
ANAKPAWIS
REPRESENTATIVE
ARIEL B. CASILAO,
ACT TEACHERS
REPRESENTATIVES
ANTONIO L. TINO
AND FRANCE L.
CASTRO, AND
KABATAAN
PARTYLIST
REPRESENTATIVE
SARAH JANE I.
ELAGO,
PETITIONERS, v.
:
PRESIDENT
RODRIGO DUTERTE,
CONGRESS OF THE
PHILIPPINES,
REPRESENTED BY
SENATE PRESIDENT
VICENTE C. SOTTO
III AND HOUSE
SPEAKER GLORIA
MACAPAGAL-
ARROYO,
EXECUTIVE
SECRETARY
SALVADOR
MEDIALDEA,
DEFENSE
SECRETARY DELFIN
LORENZANA,
ARMED FORCES OF
THE PHILIPPINES
CHIEF�OF-STAFF
LIEUTENANT
GENERAL BENJAMIN
MADRIGAL, JR.,
PHILIPPINE
NATIONAL POLICE
DIRECTOR-
GENERAL OSCAR
DAVID ALBAYALDE,
RESPONDENTS.
[G.R. No. 243745]
CHRISTIAN S.
MONSOD, RAY
:
PAOLO J.
SANTIAGO,
NOLASCO RITZ LEE
B. SANTOS III,
MARIE HAZEL E.
LAVITORIA,
DOMINIC AMON R.
LADEZA, AND
XAMANTHA XOFIA
A. SANTOS,
PETITIONERS, v.
SENATE OF THE
PHILIPPINES
(REPRESENTED BY
SENATE PRESIDENT
VICENTE C. SOTTO
III), HOUSE OF
REPRESENTATIVES
(REPRESENTED BY
GLORIA
MACAPAGAL�-
ARROYO),
EXECUTIVE
SECRETARY
SALVADOR C.
MEDIALDEA,
DEPARTMENT OF
NATIONAL DEFENSE
(DND) SECRETARY
DELFIN N.
LORENZANA,
DEPARTMENT OF
INTERIOR AND
:
LOCAL
GOVERNMENT
(DILG) SECRETARY
EDUARDO M.
A�O, ARMED
FORCES OF THE
PHILIPPINES (AFP)
CHIEF OF STAFF
GENERAL BENJAMIN
R. MADRIGAL, JR.,
PHILIPPINE
NATIONAL POLICE
(PNP) DIRECTOR
GENERAL OSCAR D.
ALBAYALDE,
NATIONAL
SECURITY ADVISER
HERMOGENES C.
ESPERON, JR.,
RESPONDENTS.
[G.R. No. 243797]
RIUS VALLE, JHOSA
MAE PALOMO,
JEANY ROSE
HAYAHAY AND
RORELYN
MANDACAWAN,
PETITIONERS, v.
THE SENATE OF THE
PHILIPPINES
REPRESENTED BY
THE SENATE
PRESIDENT
:
VICENTE C. SOTTO
III, THE HOUSE OF
REPRESENTATIVES,
REPRESENTED BY
THE HOUSE
SPEAKER GLORIA
MACAPAGAL-
ARROYO, THE
EXECUTIVE
SECRETARY, THE
SECRETARY OF
NATIONAL
DEFENSE, THE
SECRETARY OF THE
INTERIOR AND
LOCAL
GOVERNMENT, THE
CHIEF OF STAFF,
ARMED FORCES OF
THE PHILIPPINES,
THE DIRECTOR
GENERAL,
PHILIPPINE
NATIONAL POLICE,
AND ALL PERSONS
ACTING UNDER
THEIR CONTROL,
DIRECTION,
INSTRUCTION,
AND/OR
SUPERVISION,
RESPONDENTS.
:
G.R. No. 202974 -
NORMA D. CACHO
AND NORTH STAR
INTERNATIONAL
TRAVEL, INC.,
PETITIONERS, v.
VIRGINIA D.
BALAGTAS,
RESPONDENT.

G.R. No. 190682 -


PAUL C.
DAGONDON,
PETITIONER, v.
ISMAEL LADAGA,
RESPONDENT.

G.R. No. 227795


(Formerly UDK-
15556) - MARVIN O.
DAGUINOD,
PETITIONER, v.
SOUTHGATE
FOODS, INC.,
REPRESENTED BY
MAUREEN O.
FERRER AND
GENERATION ONE
RESOURCE SERVICE
AND MULTI-
PURPOSE
COOPERATIVE,[*]
REPRESENTED BY
:
RESTY CRUZ,
RESPONDENTS.

G.R. No. 233339 -


D.M. CONSUNJI,
INC., PETITIONER,
v. REPUBLIC OF THE
PHILIPPINES AND
THE HEIRS OF
JULIAN CRUZ,
REPRESENTED BY
MACARIA CRUZ
ESTACIO,
RESPONDENTS.

G.R. No. 227184 -


PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-
APPELLEE, v. BRYAN
LABSAN Y NALA
AND CLENIO DANTE
Y PEREZ, ACCUSED-
APPELLANTS.

G.R. Nos.
199729-30 -
MANILA BANKERS'
LIFE INSURANCE
CORPORATION,
PETITIONER, v.
COMMISSIONER OF
INTERNAL
:
REVENUE,
RESPONDENT.[G.R.
Nos. 199732-33]
COMMISSIONER OF
INTERNAL
REVENUE,
PETITIONER, v.
MANILA BANKERS'
LIFE INSURANCE
CORPORATION,
RESPONDENT.
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