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Showing posts with the label search and seizure

Abdula vs. Guiani

Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor foun...

Burgos vs. Chief of Staff

Burgos vs. Chief of Staff G.R. No. L-64261, December 26, 1984, 133 SCRA 800 FACTS: On December 7, 1982, respondent judge issued two [2] search warrants to "Metropolitan Mail" and "We Forum" newspapers. During the search, the office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers, as well as numerous papers, documents, books and other written literature alleged to be in the possession and control of petitioner Jose Burgos, Jr. publisher-editor of the "We Forum" newspaper, were seized. Petitioners pray to nullify the search warrants in question. Respondent: Respondents contend that petitioners should have filed a motion to quash said warrants in the court that issued them before impugning the validity of the same before this Court. Respondents also assail the petition on the ground of laches (failure or negligence for an unreasonab...

Alvarez vs. Court of First Instance of Tayabas

Alvarez vs. Court of First Instance of Tayabas GR No. L-45358, January 29 1937 FACTS: The chief of the secret service of the Anti-Usury Board, of the Department of Justice, presented to Judge Eduardo Gutierrez David, an affidavit alleging that according to reliable information, the petitioner kept in his house, books, documents, receipts, lists, chits and other papers used by him in connection with his activities as a money-lender charging usurious rates of interest in violation of the law.  Alvarez vs. Court of First Instance of Tayabas He did not swear to the truth of his statements upon his own knowledge of the facts but upon the information received by him from a reliable person. Upon the affidavit in question the Judge, on said date, issued the warrant which is the subject matter of the petition. With said warrant, several agents of the Anti-Usury Board entered the petitioner's store and residence at seven o'clock on the night, and seized and took possessio...

People vs. Acol

People vs. Acol GR Nos. 106288-89, May 17 1994 FACTS: When Percival Tan was driving his jeepney, two men boarded the vehicle in Cubao. When they crossed Pasay Road, the two wayfarers, together with two other companions, announced a hold-up where the other passengers were divested of their personal belongings, including the jacket of passenger Rene Araneta.  People vs. Acol After which Percival Tan and his passengers went to Fort Bonifacio to report the crime. A CAPCOM team was forthwith formed to track down the culprits. Victim Rene Araneta who went with the responding police officers, upon seeing four persons, one of whom was wearing his stolen jacket, told the police authorities to accost said persons. Read: People vs. Sucro After the CAPCOM officers introduced themselves, the four men scampered to different directions but three of them, namely, Tirso Acol, Pio Boses, and Albert Blanco, were apprehended. People vs. Acol Tirso Acol and Pio Boses were each found...

People vs. Sucro

People vs. Sucro GR No. 93239 March 18, 1991 FACTS: Roy Fulgencio was instructed by P/Lt. Vicente Seraspi, Jr. (Station Commander of the INP) to monitor the activities of appellant Edison Sucro, because of information gathered by Seraspi that Sucro was selling marijuana. Pat. Fulgencio saw appellant enter the chapel, taking something which turned out later to be marijuana from the compartment of a cart found inside the chapel, and then return to the street where he handed the same to a buyer, Aldie Borromeo. After a while appellant went back to the chapel and again came out with marijuana which he gave to a group of persons. Pat. Fulgencio called up Seraspi to report that a third buyer later Identified as Ronnie Macabante, was transacting with appellant. At that point, the team of P/Lt. Seraspi proceeded to the area and while the police officers were at the Youth Hostel at Maagma St., Pat. Fulgencio told P/Lt. Seraspi to intercept Macabante and appellant. Upon seeing ...

People vs. Gerente

People vs. Gerente GR No. 95847-48, March 10 1993 FACTS: Edna Edwina Reyes testified that Gabriel Gerente, together with Fredo Echigoren and Totoy Echigoren, started drinking liquor and smoking marijuana in the house of the appellant She overheard the three men talking about their intention to kill Clarito Blace. Fredo, Totoy Echigoren and Gerente carried out their plan to kill Clarito Blace. Reyes, testified that she witnessed the killing as follows: Fredo Echigoren struck the first blow against Clarito Blace, followed by Totoy Echigoren and Gabriel Gerente who hit him twice with a piece of wood in the head and when he fell, Totoy Echigoren dropped a hollow block on the victim's head. Thereafter, the three men dragged Blace to a place behind the house of Gerente. Patrolman Jaime Urrutia of the Valenzuela Police Station received a report from the Palo Police Detachment about a mauling incident. He went to the Valenzuela District Hospital where the victim was b...

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LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO G.R. NO. 73748, May 22, 1986 FACTS: President Corazon Aquino issued Proclamation No. 1 on February 25, 1986 announcing that she and Vice President Laurel were taking power. On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines." Petitioners alleged that the Aquino government is illegal because it was not established pursuant to the 1973 Constitution. ISSUE: Whether or not the government of Corazon Aquino is legitimate. HELD: Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the realm of politics  where only the people are the judge. The Supreme Court further held that: The people have accepted the Aquino government which is in eff...

Callado vs. International Rice Research Institute (IRRI)

Callado vs. IRRI GR No. 106483, May 22 1995, 244 SCRA 210 FACTS: Petitioner Ernesto Callado was employed as a driver at the International Rice Research Institute (IRRI). On February 11, 1990, while driving an IRRI vehicle on an official trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident. After evaluating petitioner's answer, explanations and other evidence by IRRI's Human Resource Development Department Manager, the latter issued a Notice of Termination to petitioner on December 7, 1990. Petitioner then filed a complaint before the Labor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages and attorney's fees. Private respondent likewise informed the Labor Arbiter, through counsel, that the Institute enjoys immunity from legal process by virtue of Article 3 of Presidential Decree No. 1620, and that it invokes such diplomatic immunity and privileges as an int...

DRILON VS. LIM

GR No. 112497, August 4 1994 FACTS: Pursuant to Section 187 of the Local Government Code or the Procedure For Approval And Effectivity Of Tax Ordinances And Revenue Measures; Mandatory Public Hearings, Secretary of Justice had, on appeal to him of four oil companies and a taxpayer, declared Ordinance No. 7794, otherwise known as the Manila Revenue Code, null and void for non-compliance with the prescribed procedure in the enactment of tax ordinances and for containing certain provisions contrary to law and public policy. In a petition, the Regional Trial Court of Manila revoked the Secretary's resolution and sustained the ordinance, holding inter alia that the procedural requirements had been observed. Instead, it declared Section 187 of the Local Government Code as unconstitutional because of its vesture in the Secretary of Justice of the power of control over local governments in violation of the policy of local autonomy mandated in the Constitution and of the specific...