Zenhashy's Place

ROMEO POSADAS y ZAMORA vs. THE HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES G.R. No. 89139     August 2, 1990 Facts:             Pat. Ursicio Ungad and Pat. Umbra Umpar were conducting surveillance along Magallanes Street Davao City. While they were within the preemies they spotted petitioner carrying a buri bag and they noticed him to be acting suspiciously. They approached petitioner and identified themselves as members of the INP. Petitioner attempted to flee but his attempt to get away was thwarted by the two. They checked the bag and found one caliber and two ammunitions. Issue:             Whether or not the arrest is a valid warrantless arrest Ruling:             Section 12 Rule 126 of the 1985 Rules on criminal Procedure is not applicable because at the time the police officers ide...

PEOPLE OF THE PHILIPPINES vs. EDISON SUCRO G.R. No. 93239          March 18, 1991 Facts:             Pat. Roy fulgencio, a member of the INP Kalibo, Aklan was instructed by P/Lt Vicente Seraspi Jr., Station commander, to monitor the activities of appellant. Fulgencio positioned himself to a house, adjacent of which i a chapel. Fulgencio saw appellant enter the chapel taking something which turn out later to be marijuana from a compartment of a cart found inside the chapel and return to the street where he handed the same to a buyer.             Fulgencio radioed Seraspi and reported the activity, Seraspi instructed Fulgencio to continue monitoring.             At about 6:30 PM Fulgencio again called up Sraspi to report the third buyer later identified as Ronnie Macabante, was tran...

PEOPLE OF THE PHILIPPINES vs. DON RODRIGUEZA G.R. No. 95902           February 4, 1992 Facts:             CIC Taduran et al was in their headquarters at the office of the Narcotics Regional Unit at Camp Bagong Ibalon, Legaspi City when a confidential informer arrived and told them that there was an ongoing illegal traffic of prohibited drugs. They form a team to conduct a buy bust operation. The money with ultra violet powder was given to Tadura who acted as the poseur buyer. He was told to look for a certain Don, The alleged seller of prohibited drug. Tudara went to Tagas alone, and while along the road he met Samuel Segovia. He asked Segovia where he could find Don and where he could buy marijuana. Segovia left for a while when he return he was accompanied by Don.             Don gave Tudaran “a certain object wrapped in a plas...

THE PEOPLE OF THE PHILIPPINES vs. NORMANDO DEL ROSARIO Y LOPEZ G.R. No. 109633        July 20, 1994 Facts:             Del Rosario was charged with illegal possession of firearms and ammutions and illegal sale of regulated drugs             Upon application of SPO3 Raymundo Untiveros of PNP Cavite, before RTC judge Arturo de Guia issued a search warrant authorizing the search and seizure of an : undetermined quantity of methamphetamine hydrochloride commonly known as shabu and its paraphernalia” in the premises of appellant’s house. However, the search warrant was not implemented immediately due to lack of police personnel to form the raiding team.             In the course of the search they found a black canister containing shabu, an aluminum foil, a plastic .22 caliber, three set of ammu...

SORIANO MATA vs. HON. JOSEPHINE BAYONA G.R. No. 50720             March 26, 1984 Facts:             Mata offered, took and arranged bets on the Jai Alai game by “selling illegal tickets known as Masiao Tickets” without any authority from the Philippine Jai Alai and amusement Corporation or from the government authorities concerned.             Petitioner claims that during the hearing of the case, he discovered that nowhere from the records of the said case could be found the search warrant and other pertinent papers connected to the issuance of the same, so that he had to inquire from the City Fiscal its whereabouts and to which inquiry respondent judge replied “it is with the curt”. The judge then handed the records to the Fiscal who attached then to the records Ruling:         ...

NICOMEDES SILVA vs. THE HONORABLE PRESIDING JUDGE G.R. No. 81756          October 21, 1991 Facts:             M/Sgt. Ranulfo Villamor, as chief of the PC NARCOM Detachment in Dumaguete City, Negros Oriental filed an application for the search warrant with the RTC against petitioners. The application was accompanied by “deposition of witness” executed by Arthur Alcoran and Pat. Leon Quindo.             Judge Hickarter Ontal, Presiding judge issued search warrant no. 1 directing the aforesaid police officers to search the room of Marlon Silva in the residence of Nicomedes Silva for violation of the dangerous drugs law.. under the search warrant its state that :seize and take possession of the following property marijuana, dried leaves, cigarettes, joint and bring said property to the undersigned to be dealt with as the law directs. ...

People of the Philippines vs. Andre Marti G.R. No. 81561, January 18 1991 Facts: The appellant and his common law wife, Shirley Reyes, went to the booth of the Manila Packing and Export Forwarders in the Pistang Filipino Complex Ermita, Manila carrying with them four gift wrapped packages to be sent in Zurich Switzerland. The proprietress, Anita Reyes (not related to Shirley Reyes) then asked the appellant if he could examine and expect the packages however appellant refused, assuring her that the packages simply contained books, cigars, and gloves and were just gifts to a friend. Anita no longer insisted. Before delivery of appellant’s box to the bureau of Customs and or bureau of Post, Mr. Job Reyes, proprietor and husband of Anita, following standard procedure opened the boxes for final inspection. When he opened a peculiar odor emitted therefrom. He squeezed one of the bundles allegedly containing gloves and felt dried leaves inside. Job prepared a letter reporting the shipment to ...