Remedial Law

FACTS: The Western Police District received reliable information that an undetermined amount of shabu will be delivered inside the Islamic Center in Quiapo. Four police officers went to the Center and saw two men talking to each other. Upon noticing the police officers, one of the men ran away while the other, accused-appellant, was left behind along with a dropped maroon bag which contained shabu. Accused-appellant was arrested, tried and convicted for violation of the Dangerous Drugs Act, as amended. ISSUE(S): Whether or not the prosecution was able to overcome accused-appellant’s presumption of innocence. HELD: NO. For testimonial evidence to…

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FACTS: Petitioner was convicted for homicide and sentenced to suffer an indeterminate penalty of six years and one day of prision mayor as minimum and twelve years and one day of reclusion temporal as maximum. Pending appeal of his conviction to the Court of Appeals, he applied for admission to bail citing his advanced age and health condition and claiming the absence of any risk or possibility of flight on his part. The Court of Appeals denied his application for bail. ISSUE(S): Whether or not discretionary bail should automatically be granted absent any of the circumstances mention in the third…

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FACTS: A surveillance team was dispatched after the police were informed of the presence of three suspicious-looking persons. At the place, the officers saw two men “looking from side to side,” one of whom was holding his abdomen. The police approached and identified themselves, after which the suspects were searched. Accused-appellant was found to be in possession of a .38 caliber Smith and Weeson revolver with six live bullets in the chamber. During the investigation, one witness alleged that the revolver was among the articles stolen from him during a robbery in his house. The gun, live bullets and holster…

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FACTS: Due to persistent reports that vehicles coming from Sagada were transporting marijuana and other prohibited drugs, a temporary checkpoint was set up for the checking of vehicles coming from the Cordillera Region. During the inspection of a  bus, one of the officers noticed a bulge on accused’s waist. Initially suspected to be a gun, the bulging object turned out to be a pouch bag containing hashhish, a derivative of marijuana. When asked for his travel documents, suspect refused to present the same. In addition to the pouch bag, accused was carrying two travelling bags each containing a teddy  bear…

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FACTS: A checkpoint was established to intercept a suspected transportation of marijuana from Barangay Balbalayana, San Gabriel, La Union. When it did not yield any suspect or marijuana, a surveillance operation was conducted. A police officer received information that a baggage of marijuana had been loaded on a passenger jeepney. The agent mentioned three bags and one blue plastic bag, one such bag is a backpack with an O.K. marking. The police officer boarded the jeepney and while it was in motion, he found the black backpack with an O.K. marking, peeked inside and found bricks of marijuana wrapped in…

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FACTS: Accused-appellant was arrested after he was seen by the arresting officer who was driving a motorcycle about 8 to 10 meters away holding and scrutinizing in his hand a plastic sachet of shabu. Arresting officer had previously arrested accused-appellant for illegal drug possession. ISSUE(S): Whether or not the arrest was valid. HELD: NO. Without an overt act that would pin liability against appellant, it is clear that the arresting officer was only impelled to apprehend appellant on acocunt of the latter’s previous charge for the same offense. However, a previous arrest or existing criminal record, even for the same…

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FACTS: Petitioner was invited/subpoenaed by the National Bureau of Investigation to appear before the said office in connection with a complaint against him for serious illegal detention. When he presented himself at the NBI, he was immediately placed under arrest and prevented from going back home. ISSUE(S): Whether or not the arrest was valid. HELD: NO. The petitioner only went to the NBI to answer the subpoena which was issued seven days after the supposed serious illegal detention was committed. None of the arresting officers  had any personal knowledge of facts indicating that petitioner was the person to whom the…

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FACTS: Accused-appellant was on board a trisikad when the arresting team boarded said trisikad. The police officer introduced himself and insisted on opening the black bag accused appellant was carrying. Inside said bag was dried marijuana leaves. Accused-appellant was tried and convicted for violation of the Dangerous Drugs Act. ISSUE(S): Whether or not the arrest was valid. HELD: NO. Accused-appellants manifested no outward indication that would justify their arrest. In holding a bag on board a trisikad, accused-appellants could not be said to be committing, attempting to commit or have committed a crime. To constitute a valid in flagrante delito arrest, two requisites…

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