September 2017 - page 7

FACTS: In preparation for the scheduled synchronized elections, COMELEC issued a Gun Ban resolution. Ceding to the request of the House of Representatives Sergeant-at-Arms to return the firearms issued to him, petitioner instructed his driver to pick up the firearms from his house and to bring the same to Congress. The driver was then apprehended at a checkpoint after the policemen found the firearms in a bag in the truck of the car. ISSUE(S): Whether or not petitioner’s driver acquiesced to the warrantless search. HELD: NO. In the face of fourteen (14) armed policemen conducting the operation, driver Arellano being…

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FACTS: Following a tip from an informer, police operatives patrolled Miranda Subdivision for a possible engagement with the suspects of a series of armed robbery incidents. Accompanied by one of the victims, the lawmen chanced upon petitioner Felimon Ramos who the victim identified as one of the armed men he encountered during the robbery. When accosted and frisked by the lawmen, Ramos yielded in his waistline a .38 caliber snub nosed “paltik” revolver loaded with two (2) live bullets. At the police headquarters, Ramos admitted involvement in the aforementioned robbery incidents and identified all his cohorts, one of home is…

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FACTS: A private jeep driven by accused-appellant was stopped at a police checkpoint for routine inspection regarding unlicensed firearms and other prohibited items. A member of the inspection team noticed a black leather bag with its sides bulging at the back of the jeep. He became suspicious after the three became fidgety when asked of the bag’s contents. Found inside were marijuana. The three were then charged, tried and found guilty. ISSUE(S): Whether or not the warrantless search may be admitted was valid. HELD: YES. Appellant never objected to the admissibility of the evidence on the ground that the same…

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FACTS: A checkpoint was put up and all vehicles that went through it were stopped and checked. The officers flagged down the car driven by the accused and asked permission to inspect the vehicle to which he acceded. When they peered into the rear of the vehicle, they saw a travelling bag which was partially covered by the rim of a spare tire under the passenger seat on the right side of the vehicle. The officers again asked permission to see the contents of the bag. appellant consented to the request. Inside, the officers found forty-one plastic packets of different…

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FACTS: The police promptly arrested appellant seven months after he stabbed two people, one of whom died from his wounds. He was charged with and convicted of murder. ISSUE(S): Whether or not appellant may still question is warrantless arrest. HELD: NO. When accused-appellant was arrested and a case was filed against him, he pleaded not guilty upon arraignment, participated in the trial and presented his evidence. Appellant is thus estopped from questioning the legality of his arrest. It is well-settled that any objection involving a warrant of arrest or procedure in the acquisition by the court of jurisdiction over the…

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FACTS: Equipped with search warrants, combined Philippine Constabulary/Integrated National Police elements searched several houses on the basis of intelligence reports about the presence of armed men who were suspected to have pulled an ambush. No firearm was found but 10 suspects were picked up and later presented in a police lineup to witnesses who positively identified them. All were prosecuted for three counts of murder and one count of frustrated murder, but only appellant was found guilty. ISSUE(S): Whether or not appellant may assail the validity of his arrest without a warrant. HELD: NO. It bears emphasis that accused-appellant, together…

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FACTS: For the fatal stabbing of Charlie Fernandez, the Regional Trial Court of Manila, meted accused David Salvatierra for the crime of Murder the penalty of reclusion perpetua and payment of the amount of P30,183.00 as actual damages and P50,000.00 as indemnity to the heirs of the victims. Consequently, thereto, herein accused appealed his case to the Supreme Court assailing that the lower court erred in not finding that the arrest, investigation and detention of the accused-appellant for the offense charged in the instant case violate of his constitutional rights and for giving weight and credence to the vague and…

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FACTS: Two witnesses came forward to give their statement regarding a shooting incident. They were brought to a hospital where they saw appellant Dural who shot the two victims. The appellants were taken to Capcom’s Bicutan headquarters for questioning. ISSUE(S): Whether or not the arrest was legal. HELD: YES. It is too late for the appellant to question the illegality of their arrests. The irregularity, if any, was cured when they submitted themselves to the jurisdiction of the trial court by filing a petition for bail, entering a plea of not guilty and actively participating at the pre-trial and trial.…

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FACTS: Petitioner was arrested without a warrant on February 28, 1982 by the Philippine Constabulary and has been detained at Camp Alagar, Cagayan de Oro City since then. City Fiscal of Cagayan de Oro filed an information for murder against petitioner with the Municipal Trial Court of Cagayan de Oro. The information was accompanied by affidavits not subscribed before respondent Judge, who failed to ask affiants to ratify their oaths nor asked searching questions. City Fiscal did not conduct preliminary investigation before respondent Judge issued the warrant of arrest. ISSUE(S): Whether or not petitioner may assail the validity of his…

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FACTS: The City Fiscal has shown intent to prosecute petitioner for charges of grave oral defamation. After conducting his preliminary examination and after acquiring jurisdiction over the petitioner, respondent Court referred the criminal complaints to the City Fiscal. Arraignment and hearing of the cases were postponed because the City Fiscal was investigating them. At the proceedings, the City Fiscal entered his appearance for the government and manifested his readiness for trial. ISSUE(S): Whether or not warrants of arrest issued were valid. HELD: YES. Posting the required bail to obtain her provisional liberty renders the issuance of the warrants valid. Posting…

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