Sunday, January 17, 2021

FINAL BANAS

 

1.

In drug cases, as a rule, the state has the burden in proving the elements of the offense and the corpus delicti of the charge. The illicit drug itself comprise the corpus delicti of the charge and its existence is necessary to obtain judgment of conviction over the accused. To establish that the illicit drug is owned by the accused himself, that state should offer testimonies relating to its chain of custody and failure to do so would mean failure to prove the corpus delicti of the charge hence, loses the important element and an acquittal of the accused.

 

2.

A.

                No. The respondent cannot be subjected to double jeopardy since that the since case violating the manila ordinance was rendered moot and academic. A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. Generally, courts decline jurisdiction over such case or dismiss it on ground of mootness. Since that there is no jeopardy that can be attached prior to the other the respondent cannot be held double jeopardy.

B.

Rendering the case at bar dismissed on the ground that it is moot and academic does not mean unconstitutionality over the ordinance. The said ordinance is still valid within the city of Manila and other cases in violation of the ordinance can still be penalized under it.  An ordinance is valid as long as it is not contrary to the fundamental law.

 

C.

The case was dismissed on the ground that is moot and academic. Generally, a court cannot review over a case which has been rendered moot except if the following circumstance are present:

1.       there was a grave violation of the Constitution;

2.       the case involved a situation of exceptional character and was of paramount public interest;

3.       the issues raised required the formulation of controlling principles to guide the Bench, the Bar and the public; and

4.       the case was capable of repetition yet evading review.

 

D.

                Petitioner’s claim on overbreadth doctrine cannot be applied in this case since that the said doctrine can be applied only on cases where the freedom of speech is vitiated. The case at bar is a criminal case of which is stemmed on obscenity prosecution and in a case it was ruled that obscenity is not protected speech and no court had recognized a fundamental right to create, sell, or distribute an obscene materials. Thus, a facial overbreadth challenge is improper as against an anti-obscenity statute.

E.

 

 

3.

                If I were Juan’s counsel, I would raise the arrest done by law enforcers if either Juan was lawfully arrested or not.

                As a rule, for an arrest to be lawful a warrant should be issued nevertheless, an arrest can also be done without a warrant as long as it falls under the exception to law and one of it is flagrante delicti which is an offense done by the person arrested with the presence of the peace officer or private individual. Moreover, law enforcers need not only personally witnessed the commission of the crime but also, they must have personal knowledge of facts and circumstances indicating that the person sought to be arrested committed it.

                In the case at bar, Juan was merely handing an item to Maria who did not exhibit any act that would give the police officer a reasonable suspicion to believe that he had drugs in his possession more especially of the distance between them and the peace officer. Reasonable persons will act in a nervous manner more especially seeing a peace officer despite its distance. There was no evidence to show that the police had basis or personal knowledge that would reasonably doubt them to infer anything suspicious.

 

4.

A.       No. Anti-hazing law is not unconstitutional since that this law has not shown a clear and unmistakable breached of the Constitution.

 

Also, it is not a bill of attainder since that there is no complete exclusion done by the court in determining the guilt and imposable penalty over a certain individual or a group. A bill of attainder would mean that the court encroaches its power to determine the guilt or innocence of the accused and to impose the corresponding penalty, violating the doctrine of separation of powers.

 

Constitutional presumption of innocence happens when there is a logical connection between the fact proved and the ultimate fact presumed. But, in the said case the petitioner had failed to show that there is logical relation between the fact proved-presence of a person during the hazing and the ultimate fact presumed their participation in the hazing as a principal. As a rule, an accused’s presence during a hazing is prima facie evidence of his or her participation and does not violate the constitutional presumption of innocence. However, a finding of prima facie evidence in Anti-hazing law does not shatter the presumptive innocence that an accused enjoys because, before a prima facie evidence arises, certain facts have still to be proved: the trial court cannot depend alone on such evidence, because precisely, it is still merely prima facie.

 

B.       No. Res inter alios acta provides that a party’s right generally cannot be prejudiced by another’s act, declaration or omission of another. This means that in res inter alios acta any confession of one of the groups is not admissible against his co-accused as this would be considered as hearsay against them. The said principle cannot be applied over the Anti-hazing law since that hazing often includes conspiracy in any acts done for their initiation rites.

 

A cruel and unusual punishment are those that aimed at the form of character of the punishment rather than its severity with respect to the duration or amount and it is flagrantly and plainly oppressive and wholly disproportionate to the nature of the offense as to shock the moral sense of the community. This punishment are those that were inflicted at the whipping post, or in the pillory, burning at the stake, breaking on the wheel, disemboweling and the like. Reclusion perpetua is not cruel as this kind of punishment does not carry a degrading and inhuman punishment.

5.

A.

                Buy-bust Operation is a legally effective and proven procedure, sanctioned by law, for apprehending drug peddlers and distributors, the law nevertheless requires strict compliance with the procedures laid down by it to ensure that rights are safeguarded.

 

B.

Chain of Custody means the duly recorded authorized movements and custody of seized drugs so this require that the apprehending team who conducted the seized of the drugs to mark, inventory and photograph the evidence in the manner as provided by the law.

 

C.

                Insulating witness means that a witness present during the marking, the actual inventory and taking of photograph of the evidence conducted by an apprehending officer.

 

D.

Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as "citizen’s arrest," is lawful under three circumstances:

  1. When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule.
  2. When an offense has just been committed, and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it. This is the "hot pursuit" arrest rule.
  3. When the person to be arrested is a prisoner who has escaped from a penal establishment

 

E.

F.

G.

                A Miller Test is a guideline to seek out whether such ordinance does not violate the application of the contemporary community standards more especially on cases on against anti-obscenity.

 

6.

A.

                No. Double jeopardy is not present in this case, to give rise on double jeopardy the first jeopardy has already been attached prior to the second jeopardy and such jeopardy has been terminated either because the accused has already been convicted or acquitted or the case against him has been dismissed or terminated without his express consent. In the case at bar none of the elements are present to hold the accused in double jeopardy. 

 

                Moreover, the accused cannot be convicted for the said two offense, applying the statutory principle that if the law is clear apply the law. In the case at bar, the law is clear that the accused can be convicted of simple illegal possession of firearms, provided that no other crime was committed by the person arrested. Thus, a special complex crime may be applied for the offense-murder with the illegal use of the unlicensed firearm.

 

B.

                In Agote’s Doctrine it was ruled that the law is clear: the accused can be convicted of simple illegal possession of firearms, provided that no other crime was committed by the person arrested. If the intention of the law in the second paragraph were to refer only to homicide and murder, it should have expressed said so, as it did in the third paragraph. Verily, where the law does not distinguish, neither should we. Therefore, in the case at bar the accused will not be charged with two offense since that murder has been committed other than the possession of illegal firearms. So, the accused will only be held liable of the crime murder with special complex of the offense illegal possession of firearms.

 

7.

No. The challenged ordinances do not violate the fundamental law and applicable laws., Section 2 of Article XII aims primarily not to bestow any right to subsistence fishermen, but to lay stress on the duty of the State to protect the nation’s marine wealth. In accordance with the Regalian Doctrine, marine resources belong to the state pursuant to the first paragraph of Section 2, Article XIII of the Constitution, their “exploration, development and utilization shall be under the full control and supervision of the State.

 

8.

                The ordinance was not valid. Citing the case of in City of Manila v. Garcia, this provide that: Squatting is unlawful and no amount of acquiescence on the part of the city officials will elevate it into a lawful act. In principle, a compound of illegal entry and official permit to stay is obnoxious to our concept of proper official norm of conduct. Because, such permit does not serve social justice; it fosters moral decadence. It does not promote public welfare; it abets disrespect for the law. It has its roots in vice; so it is an infected bargain. Official approval of squatting should not, therefore, be permitted to obtain in this country where there is an orderly form of government. As noted by Justice Sanchez, since the last global war, squatting on another's property in this country has become a widespread vice

               

9.

                There are two residence of plaintiff-Saludo. One of it his house at Pasay City where its purpose is exercising his profession or doing business and his house in Southern Leyte for doing his businesses and/or for his election or political purpose where he also lives or stay physically and personally. So, we could say that his domicile is in Southern Leyte as this is where he lives or stays physically and personally.

 

                For purposes of election law, the term residence is synonymous with domicile. The term residence, for the same purpose, requires two elements to equate with the term domicile and these are: 1. Intention to reside in the particular place; and 2. Personal or physical presence in that place coupled with conduct indicative of such intention.

 

10.

 

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IN THE MATTER OF THE ALLEGATIONS CONTAINED IN THE COLUMNS OF MR. AMADO P. MACASAET PUBLISHED IN MALAYA DATED SEPTEMBER 18, 19, 20 AND 21, 2007. D E C I S I O N

  Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. 07-09-13-SC             August 8, 2008 IN THE MATTER OF THE ALLEGATIONS ...