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8/31/2021 G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
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G.R. No. 227038, July 31, 2017 -
ChanRobles JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE OF
Professional THE PHILIPPINES, Respondent.:
Review, Inc.

G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y

REMEGIO, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.
ChanRobles On-Line
FIRST DIVISION
Bar Review
G.R. No. 227038, July 31, 2017
JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE

OF THE PHILIPPINES, Respondent.
DECISION
PERLAS-BERNABE, J.:
https://www.chanrobles.com/cralaw/2017julydecisions.php?id=528 1/56
8/31/2021 G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. : July 20…

Assailed in this petition for review on certiorari1 are the
Decision2 dated October 21, 2015 and the Resolution3

dated September 5, 2016 of the Court of Appeals (CA) in
CA-G.R. CR No. 35318, which affirmed the Decision4

dated October 1, 2012 of the Regional Trial Court of
Makati City, Branch 64 (RTC) in Criminal Case No. 10-
912 convicting petitioner Jeffrey Miguel y Remegio
(petitioner) of the crime of illegal possession of
dangerous drugs.
The Facts
On May 27, 2010, an Information5 was filed before the

ChanRobles CPA
RTC charging petitioner of illegal possession of
Review Online
dangerous drugs, defined and penalized under Section

11, Article II of Republic Act No. (RA) 9165,6 otherwise

known as the "Comprehensive Dangerous Drugs Act of
2002," the accusatory portion of which reads:
chanRoblesvirtualLawlibrary
On the 24th day of May 2010, in the city of

Makati, the Philippines, accused, not being
lawfully authorized to possess any dangerous
drug and without the corresponding license or
prescription, did then and there willfully,
unlawfully and feloniously have in his
possession, control, and custody a total of
one point ten (1.10) grams of dried Marijuana
leaves, a dangerous drug.
ChanRobles Special
Lecture Series
CONTRARY TO LAW.7
The prosecution alleged that at around 12:45 in the

morning of May 24, 2010, a Bantay Bayan operative of
Barangay San Antonio Village, Makati City named
Reynaldo Bahoyo (BB Bahoyo) was doing his rounds
when he purportedly received a report of a man showing
off his private parts at Kaong Street. BB Bahoyo and
fellow Bantay Bayan operative Mark Anthony Velasquez

(BB Velasquez) then went to the said street and saw a
visibly intoxicated person, which they later identified as
herein petitioner, urinating and displaying his private
parts while standing in front of a gate enclosing an
empty lot. BB Bahoyo and BB Velasquez approached
petitioner and asked him where he lived, and the latter
answered Kaong Street. BB Bahoyo then said that he
also lived in the same street but petitioner looked
unfamiliar to him, so he asked for an identification card,
but petitioner failed to produce one. BB Velasquez then
repeated the request for an identification card, but
instead, petitioner emptied his pockets, revealing a pack
of cigarettes containing one (1) stick of cigarette and
two (2) pieces of rolled paper containing dried marijuana
leaves, among others. This prompted BB Bahoyo and BB
Velasquez to seize the foregoing items, take petitioner to
the police station, and turn him, as well as the seized
items, over to SPO3 Rafael Castillo (SPO3 Castillo). SPO3
Castillo then inventoried, marked, and photographed the
seized items, all in the presence of BB Bahoyo and BB
Velasquez, and thereafter, prepared an inventory report
and a request for qualitative examination of the seized
two (2) pieces of rolled paper and for petitioner to
undergo drug testing. After examination, it was
confirmed that the aforesaid rolled paper contained
marijuana and that petitioner was positive for the
presence of methamphetamine but negative for THC-
metabolites, both dangerous drugs.8
Petitioner pleaded not guilty to the charge, and

thereafter, presented a different version of the facts.
According to him, he was just urinating in front of his
workplace when two (2) Bantay Bayan operatives, i.e.,
BB Bahoyo and BB Velasquez, approached and asked
him where he lived. Upon responding that he lived in
Kaong Street, BB Bahoyo and BB Velasquez then frisked
him, took away his belongings, and thereafter,
handcuffed and brought him to the barangay hall. He
was then detained for about an hour before being taken
to the Ospital ng Makati and to another office where a

bald police officer questioned him. Thereafter, he was
taken back to the barangay hall where they showed him
two (2) sticks of marijuana joints allegedly recovered
from him.9
The RTC Ruling
In a Decision10 dated October 1, 2012, the RTC found

petitioner guilty beyond reasonable doubt of the crime
charged and, accordingly, sentenced him to suffer the
penalty of imprisonment for an indeterminate period of
twelve (12) years and one (1) day, as minimum, to
fourteen (14) years and eight (8) months, as maximum,
and to pay a fine in the amount of P300,000.00, without
subsidiary imprisonment in case of insolvency.11
The RTC found that BB Bahoyo and BB Velasquez

conducted a valid warrantless arrest, as petitioner was
scandalously showing his private parts at the time of his
arrest. Therefore, the resultant search incidental to such
arrest which yielded the seized marijuana in petitioner's
possession was also lawful. In this regard, since the
prosecution has adequately shown that petitioner freely
and consciously possessed such marijuana without
authority by law, then he must be convicted for violating
Section 11, Article II of RA 9165.12
Aggrieved, petitioner appealed13 to the CA.
The CA Ruling
In a Decision14 dated October 21, 2015, the CA affirmed
petitioner's conviction.15 It held that the search made on

petitioner which yielded the seized marijuana was validly
made as it was done incidental to his arrest for
exhibiting his private parts on public. As such, the said
seized marijuana is admissible in evidence and, thus,
sufficient to convict him for the crime charged.16 The CA

likewise held that the rule on chain of custody was duly
complied with and, thus, the integrity and evidentiary
value of the seized drugs were not compromised.17
Undaunted, petitioner moved for reconsideration,18
which was, however, denied in a Resolution19 dated

September 5, 2016; hence, this petition.
The Issue Before the Court
The issue for the Court's resolution is whether or not the

CA correctly upheld petitioner's conviction for illegal
possession of dangerous drugs.
The Court's Ruling
The petition is meritorious.
In criminal cases, "an appeal throws the entire case wide

open for review and the reviewing tribunal can correct
errors, though unassigned in the appealed judgment, or
even reverse the trial court's decision based on grounds
other than those that the parties raised as errors. The
appeal confers the appellate court full jurisdiction over
the case and renders such court competent to examine
records, revise the judgment appealed from, increase
the penalty, and cite the proper provision of the penal
law."20
Proceeding from the foregoing, and as will be explained

hereunder, petitioner's conviction must be set aside.
One of the arguments presented in the instant petition is

that the search and arrest made on petitioner were
illegal and, thus, the marijuana purportedly seized from
him is inadmissible in evidence.21 In this relation, it is

worth noting that his arresting officers, i.e., BB Bahoyo
and BB Velasquez, are mere Bantay Bayan operatives of

Makati City. Strictly speaking, they are not government
agents like the Philippine National Police (PNP) or the
National Bureau of Investigation in charge of law
enforcement; but rather, they are civilian volunteers
who act as "force multipliers" to assist the aforesaid law
enforcement agencies in maintaining peace and security
within their designated areas.22 Particularly,

jurisprudence described the nature of Bantay Bayan as
"a group of male residents living in [the] area organized
for the purpose of keeping peace in their community[,
which is] an accredited auxiliary of the x x x PNP."23 In
the case of Dela Cruz v. People24 involving civilian port

personnel conducting security checks, the Court
thoroughly discussed that while the Bill of Rights under
Article III of the 1987 Constitution generally cannot be
invoked against the acts of private individuals, the same
may nevertheless be applicable if such individuals act
under the color of a state-related function, viz.:
With regard to searches and seizures, the

standard imposed on private persons is
different from that imposed on state
agents or authorized government
authorities.
In People v. Marti, the private forwarding and

shipping company, following standard
operating procedure, opened packages sent
by accused Andre Marti for shipment to
Zurich, Switzerland and detected a peculiar
odor from the packages. The representative
from the company found dried marijuana
leaves in the packages. He reported the

matter to the National Bureau of

Investigation and brought the samples to the

July-2017
Narcotics Section of the Bureau for laboratory
Jurisprudence
examination. Agents from the National

Bureau of Investigation subsequently took

custody of the illegal drugs. Andre Marti was
G.R. No. 170341, charged with and was found guilty of
July 05, 2017 - violating Republic Act No. 6425, otherwise
MANILA BULLETIN known as the Dangerous Drugs Act.
PUBLISHING
CORPORATION AND This court held that there was no

RUTHER BATUIGAS, unreasonable search or seizure. The evidence
Petitioners, v. VICTOR obtained against the accused was not
A. DOMINGO AND THE procured by the state acting through its
PEOPLE OF THE police officers or authorized government
PHILIPPINES, agencies. The Bill of Rights does not
Respondents. govern relationships between

individuals; it cannot be invoked against
G.R. No. 211170, the acts of private individuals:
July 03, 2017 -

If the search is made upon the
SPOUSES MAXIMO
request of law enforcers, a
ESPINOZA AND
warrant must generally be first
WINIFREDA DE VERA,
secured if it is to pass the test of
Petitioners, v.
constitutionality. However, if the
SPOUSES ANTONIO
search is made at the behest or
MAYANDOC AND
initiative of the proprietor of a
ERLINDA CAYABYAB
private establishment for its own
MAYANDOC,
and private purposes, as in the
Respondents.
case at bar, and without the

intervention of police authorities,

G.R. No. 224395,
the right against unreasonable
July 03, 2017 -
search and seizure cannot be
DISCIPLINARY
invoked for only the act of private
BOARD, LAND
individual, not the law enforcers,
TRANSPORTATION
is involved. In sum, the
OFFICE; ATTY.
protection against
TEOFILO E. GUADIZ,
unreasonable searches and
CHAIRMAN; ATTY.
seizures cannot be extended
NOREEN BERNADETTE
to acts committed by private
SAN LUIS-LUTEY; AND
individuals so as to bring it
PUTIWAS MALAMBUT,
within the ambit of alleged
MEMBERS; ATTY.
MERCY JANE B.
PARAS-LEYNES, unlawful intrusion by the

SPECIAL government.
PROSECUTOR; AND
x x x x
ATTY. ROBERTO P.

CABRERA III,
The Cebu Port Authority is clothed with
ASSISTANT
authority by the state to oversee the security
SECRETARY OF THE
of persons and vehicles within its ports.
LAND
While there is a distinction between port
TRANSPORTATION
personnel and port police officers in this
OFFICE, Petitioners, v.
case, considering that port personnel are
MERCEDITA E.
not necessarily law enforcers, both
GUTIERREZ,
should be considered agents of
Respondent.
government under Article III of the

Constitution. The actions of port

G.R. No. 213424,
personnel during routine security checks
July 11, 2017 - LAND
at ports have the color of a state-related
BANK OF THE
function.
PHILIPPINES,

Petitioner, v.
In People v. Malngan, barangay tanod and
COMMISSION ON
the Barangay Chairman were deemed as law
AUDIT (COA), JANET
enforcement officers for purposes of applying
D. NACION, ANTONIO
Article III of the Constitution. In People v.
L. CASTILLO, LEAH S.
Lauga, this court held that a "bantav
DAGUIO, VIRGINIA G.
bayan," in relation to the authority to
DATUKON, ELSA H.
conduct a custodial investigation under
RAMOS-MAPILI,
Article III, Section 12 of the
CECILIA C. RACIMO,
Constitution, "has the color of a state-
FLORENTINA N.
related function and objective insofar as
SAGABAEN, IRENE P.
the entitlement of a suspect to his
SALVANERA, NIMFA
constitutional rights[.]"
VILLAROMAN-

SANTOS, TERESITA D.
Thus, with port security personnel's
TEVES, AND LILIAN F.
functions having the color of state-
VARELA, Respondents.
related functions and deemed agents of

government, Marti is inapplicable in the

G.R. No. 218384,
present case. x x x.25 (Emphases and
July 03, 2017 - JOHN
underscoring supplied)
L. BORJA AND
AUBREY L.
BORJA/DONG JUAN, In this light, the Court is convinced that the acts of the
Petitioners, v. RANDY Bantay Bayan or any barangay-based or other volunteer
B. MIÑOZA AND organizations in the nature of watch groups - relating to
ALAINE S. BANDALAN, the preservation of peace and order in their respective
Respondents. areas have the color of a state-related function. As such,

they should be deemed as law enforcement authorities
G.R. No. 224515, for the purpose of applying the Bill of Rights under
July 03, 2017 - Article III of the 1987 Constitution to them.26
REMEDIOS V.
GEÑORGA, Petitioner, Having established that the Bill of Rights may be applied
v. HEIRS OF JULIAN to the Bantay Bayan operatives who arrested and
MELITON, subsequently searched petitioner, the Court shall now
REPRESENTED BY determine whether such arrest and search were validly
ROBERTO MELITON AS made.
ATTORNEY-IN-FACT,
IRENE MELITON,
Section 2,27 Article III of the 1987 Constitution
HENRY MELITON,
mandates that a search and seizure must be carried
ROBERTO MELITON,
out through or on the strength of a judicial warrant
HAIDE* MELITON,
predicated upon the existence of probable cause,
AND MARIA FE
absent which, such search and seizure becomes
MELITON ESPINOSA,
"unreasonable" within the meaning of said
Respondents.
constitutional provision. To protect the people from

unreasonable searches and seizures, Section 3 (2),28

G.R. No. 202308,
Article III of the 1987 Constitution provides that
July 05, 2017 -
evidence obtained from unreasonable searches and
PHILIPPINE NATIONAL
seizures shall be inadmissible in evidence for any
BANK, Petitioner, v.
purpose in any proceeding. In other words, evidence
JUMELITO T.
obtained and confiscated on the occasion of such
DALMACIO,
unreasonable searches and seizures are deemed tainted
Respondent.; G.R. No.
and should be excluded for being the proverbial fruit of a
202357 - JUMELITO T.
poisonous tree.29
DALMACIO, Petitioner,

v. PHILIPPINE
One of the recognized exceptions to the need [of] a
NATIONAL BANK
warrant before a search may be [e]ffected is a search
AND/OR MS. CYNTHIA
incidental to a lawful arrest. In this instance, the law
JAVIER, Respondents.
requires that there first be a lawful arrest before a

search can be made - the process cannot be

A.M. No. SB-17-24-
P [Formerly A.M. No. reversed.30
14-12-07-SB], July
11, 2017 - SECURITY A lawful arrest may be effected with or without a

AND SHERIFF warrant. With respect to the latter, the parameters of
DIVISION, Section 5, Rule 113 of the Revised Rules of Criminal
SANDIGANBAYAN, Procedure should as a general rule be complied with:
Complainant, v.
RONALD ALLAN GOLE Section 5. Arrest without warrant; when
R. CRUZ, SECURITY lawful. - A peace officer or a private person
GUARD I, SECURITY may, without a warrant arrest a person:
AND SHERIFF
DIVISION, (a) When, in his presence, the person to be
Respondent. arrested has committed, is actually

committing, or is attempting to commit an
G.R. No. 220057, offense;
July 12, 2017 - RENE
MICHAEL FRENCH, (b) When an offense has just been committed
Petitioner, v. COURT and he has probable cause to believe based
OF APPEALS, on personal knowledge of facts or
EIGHTEENTH circumstances that the person to be arrested
DIVISION, CEBU CITY has committed it; and
AND MAGDALENA
O'DELL, (c) When the person to be arrested is a
REPRESENTED BY prisoner who has escaped from a penal
HECTOR P. TEODOSIO establishment or place where he is serving
AS HER ATTORNEY-IN- final judgment or is temporarily confined
FACT, Respondents. while his case is pending, or has escaped

while being transferred from one confinement
G.R. No. 227894, to another.
July 05, 2017 - JOSE
S. OCAMPO, Petitioner, In cases falling under paragraphs (a) and (b)
v. RICARDO S. above, the person arrested without a warrant
OCAMPO, SR., shall be forthwith delivered to the nearest
Respondent. police station or jail and shall be proceeded

against in accordance with Section 7 of Rule
G.R. No. 212641, 112.
July 05, 2017 -

The aforementioned provision identifies three (3)
ANGELICA A.
instances when warrantless arrests may be lawfully
FAJARDO, Petitioner,
effected. These are: (a) an arrest of a suspect in
v. MARIO J. CORRAL, flagrante delicto; (b) an arrest of a suspect where, based

Respondent. on personal knowledge of the arresting officer, there is

probable cause that said suspect was the perpetrator of
G.R. No. 223513, a crime which had just been committed; and (c) an
July 05, 2017 - arrest of a prisoner who has escaped from custody
PEOPLE OF THE serving final judgment or temporarily confined during the
PHILIPPINES, Plaintiff- pendency of his case or has escaped while being
Appellee, v. ALEX transferred from one confinement to another.31
AMAR Y MONTANO,
Accused-Appellant. In warrantless arrests made pursuant to Section 5 (a),

Rule 113, two (2) elements must concur, namely: (a) the
G.R. No. 223862, person to be arrested must execute an overt act
July 10, 2017 - HON. indicating that he has just committed, is actually
MYLYN P. CAYABYAB, committing, or is attempting to commit a crime; and (b)
IN HER CAPACITY AS such overt act is done in the presence or within the view
THE MUNICIPAL of the arresting officer. On the other hand, Section 5 (b),
MAYOR OF LUBAO, Rule 113 requires for its application that at the time of
PAMPANGA, AND the arrest, an offense had in fact just been committed
ANGELITO L. DAVID, and the arresting officer had personal knowledge of facts
IN HIS CAPACITY AS
indicating that the accused had committed it.32
THE BARANGAY

CHAIRMAN OF PRADO
In both instances, the officer's personal knowledge
SIONGCO, LUBAO,
of the fact of the commission of an offense is
PAMPANGA,
essential. Under Section 5 (a), Rule 113 of the Revised
REPRESENTED BY
Rules of Criminal Procedure, the officer himself witnesses
THEIR ATTORNEY-IN-
the crime; while in Section 5 (b) of the same, he knows
FACT, EMMANUEL
for a fact that a crime has just been committed.33
SANTOS, Petitioners,

v. JAIME C. DIMSON,
In this case, the prosecution claims that the BB Bahoyo
REPRESENTED BY HIS
and BB Velasquez simply responded to a purported
ATTORNEYS-IN-FACT,
report of a man showing off his private parts at Kaong
CARMELA R. DIMSON
Street which led to petitioner's arrest. On the other
AND IRENE R.
hand, petitioner maintains that he was just urinating in
DIMSON, Respondent.
front of his workplace when the Bantay Bayan operatives

suddenly approached and questioned him, and

G.R. No. 216124,
thereafter, frisked and arrested him. BB Bahoyo's
July 19, 2017 - RIZAL
testimony on direct and cross-examinations is
COMMERCIAL
enlightening on this matter, to wit:
BANKING
CORPORATION, PROSECUTOR: x x x
Petitioner, v.
FEDERICO A. SERRA, x x x x
SPOUSES EDUARDO
AND HENEDINA So, upon seeing Jeffrey Miguel, what did

ANDUEZA, ATTY. you do?
LEOMAR R. LANUZA,
MR. JOVITO C. WITNESS: We approached him and we

SORIANO, ATTY. asked him what was he doing in that
EDWIN L. RANA, ATTY. place and he appears to be intoxicated,
PARIS G. REAL, ATTY. ma'am.
PRUDENCIO B.
DENSING, JR., HON. PROSECUTOR: After questioning him,

JUDGE MAXIMINO R. what did you do?
ABLES, AND ATTY.
ERWIN S. OLIVA, WITNESS: We asked him from where he

Respondents. is residing and he told us that he is from

Caong Street.
G.R. No. 188057,
July 12, 2017 - PROSECUTOR: What you do next?
HILLTOP MARKET FISH
VENDORS' WITNESS: Because I also live in Caong and

ASSOCIATION, INC., he is not familiar to me, I asked for his I.D,
Petitioner, v. HON. ma'am.
BRAULIO YARANON,
CITY MAYOR, BAGUIO PROSECUTOR: Was he able to produce an

CITY, HON. GALO I.D.?
WEYGAN, CITY
COUNCILOR AND WITNESS: He was not able to produce any

CHAIRMAN ANTI-VICE I.D., ma'am.
COORDINATING TASK
FORCE, AND THE CITY PROSECUTOR: When he failed to produce any

GOVERNMENT OF I.D., what did you do?
BAGUIO,
Respondents. WITNESS: One of my companions asked him

if he has any I.D. with him.
G.R. No. 190590,
July 12, 2017 - PROSECUTOR: Who was this companion of

ROBERTO V. SAN JOSE yours?
AND DELFIN P.
ANGCAO, Petitioners, WITNESS: Mark Anthony Velasquez, ma'am.
v. JOSE MA. OZAMIZ,
Respondent. PROSECUTOR: What was the response of

Jeffrey to the request of Mark Anthony
G.R. No. 167952, Velasquez?
July 05, 2017 -
GONZALO PUYAT & WITNESS: He brought out the contents of his

SONS, INC., Petitioner, pocket and he brought out one pack of
v. RUBEN ALCAIDE Fortune with one stick inside and another
(DECEASED), pack, Marlboro light pack with one stick of
SUBSTITUTED BY cigarette and two sticks of marijuana.
GLORIA ALCAIDE,
REPRESENTATIVE OF x x x x
THE FARMER-
BENEFICIARIES, [on cross examination]
Respondent.

ATTY. PUZON: When you saw certain Jeffrey,
G.R. No. 225051, you were not familiar with him, is that
July 19, 2017 - correct?
DEPARTMENT OF
FOREIGN AFFAIRS WITNESS: No, sir, I am not familiar with him.
(DFA), Petitioner, v.
BCA INTERNATIONAL ATTY. PUZON: And when you saw him, he

CORPORATION & AD was already showing his private parts, is that
HOC ARBITRAL correct?
TRIBUNAL,
COMPOSED OF WITNESS: Yes, sir.
CHAIRMAN DANILO L.
CONCEPCION AND ATTY. PUZON: In your "Pinagsanib na

MEMBERS, CUSTODIO Sinumpaang Salaysay" you stated that when
O. PARLADE AND you saw Jeffrey, his back was turned to you
ANTONIO P. JAMON, and it seemed that he was peeing. Do you
JR., Respondents. remember saying that in your "Pinagsanib na

Sinumpaang Salaysay"?
G.R. No. 220926,
July 05, 2017 - LUIS WITNESS: Yes, sir.
JUAN L. VIRATA AND
UEM-MARA ATTY. PUZON: So, is it not true that when you

PHILIPPINES saw him, he was already showing his private

CORPORATION (NOW parts?
KNOWN AS CAVITEX
INFRASTRUCTURE WITNESS: He was showing his private parts,

CORPORATION), sir.
Petitioners, v.
ALEJANDRO NG WEE, ATTY. PUZON: While his back turned to you?
WESTMONT
INVESTMENT CORP., WITNESS: Yes, sir.
ANTHONY T. REYES,
SIMEON CUA, ATTY. PUZON: How could you see his private
VICENTE CUALOPING, parts if his back was turned against you?
HENRY CUALOPING,
MARIZA SANTOSTAN, WITNESS: He faced us, sir.
AND MANUEL
ESTRELLA, x x x x
Respondents.; G.R.
No. 221058 - COURT: Did you charge the accused for

WESTMONT urinating in a public place or for showing
INVESTMENT, his private parts?
CORPORATION,
Petitioner, v. WITNESS: No, Your Honor.
ALEJANDRO NG WEE,
Respondent.; G.R. No. ATTY. PUZON: And in fact, only a drug

221109 - MANUEL case was filed against Jeffrey?
ESTRELLA, Petitioner,
v. ALEJANDRO NG WITNESS: I have no idea, sir. (Emphases

WEE, Respondent.; and underscoring supplied)34
G.R. No. 221135 -

On the other hand, pertinent portions of petitioner's
SIMEON CUA,
VICENTE CUALOPING, Judicial Affidavit35 containing his direct testimony
AND HENRY read:
CUALOPING,
Q: Naaalala mo pa ba ang petsang 24 May
Petitioners, v.
2010?
ALEJANDRO NG WEE,


A: Opo. lyon pa ang araw nang aka ay dakpin
221218 - ANTHONY T.
ng dalawang bantaybayan.
REYES, Petitioner, v.

ALEJANDRO NG WEE,
LUIS JUAN VIRATA, Q: Ano ang naaalala mo bago ka mahuli,

UEM-MARA kung mayroan man?
PHILIPPINES CORP.,
WESTMONT A: Mga bandang pasado alas dose ng hating

INVESTMENT CORP., gabi ako ay umihi sa tapat ng
MARIZA SANTOS-TAN, pinagtatrabahuhan ko ng may biglang
SIMEON CUA, lumapit sa akin na dalawang bantay-bayan.
VICENTE CUALOPING,
HENRY CUALOPING, Q: Ano ang sumunod na nangvari x x x,

AND MANUEL kung mayroon man?
ESTRELLA,
Respondents. A: Nagtanong po sila kung saan ako

nakatira at sinagot ko 110 nakatira ako
G.R. No. 204544, sa Kaong St., Brgy. San Antonio Village,
July 03, 2017 - Makati City at pagkatapos ay kinapkapan
MARLON BACERRA Y nila ako.
TABONES, Petitioner,
v. PEOPLE OF THE Q: May nakuha ba sila sa iyo pakatapos

PHILIPPINES, kang kapkapan, kung mayroon man?
Respondent.

A: Opo. Nakuha nila ang aking charger,
G.R. No. 209555, cellphone, lighter at sigarilyong Fortune.
July 31, 2017 -
UNITED POLYRESINS, Q: Ano ang sumunod na nangyari, kung

INC., ERNESTO UY mayroon man?
SOON, JR., AND/OR
JULITO UY SOON, A: Pinosasan nila ako at dinala sa

Petitioners, v. barangay.36 (Emphases and underscoring
MARCELINO PINUELA, supplied)
Respondent.
On cross-examination, petitioner testified, as follows:
G.R. No. 217982,

PROSECUTOR: x x x Mr. Witness, you said
July 10, 2017 -
that at past 12:00 in the midnight of May 24,
PEOPLE OF THE
2010 you were arrested by two Bantay
PHILIPPINES, Plaintiff-
Bayan, do you affirm that Mr. Witness?
Appellee, v. ROLLY

DIZON Y TAGULAYLAY,
WITNESS: Yes, ma'am.
Accused-Appellant.

G.R. No. 208000, PROSECUTOR: And how did you know that
July 26, 2017 - they are Bantay Bayan complement?
VIRGEL DAVE JAPOS,
Petitioner, v. FIRST WITNESS: They told me that they were

AGRARIAN REFORM Bantay Bayan personnel, ma'am.
MULTI-PURPOSE
COOPERATIVE PROSECUTOR: What were you doing then, Mr.

(FARMCOOP) AND-OR Witness?
CRISLINO BAGARES,
Respondents. WITNESS: Urinating in front of my place of

work, ma'am.
G.R. No. 214340,
July 19, 2017 - x x x x
PEOPLE OF THE
PHILIPPINES, Plaintiff- PROSECUTOR: And you were working at that

Appellee, v. GILDA time that you were allegedly arrested by
ABELLANOSA, these two Bantay Bayan complement, Mr.
Accused-Appellant. Witness?
G.R. No. 215332, WITNESS: Not anymore because I was

July 24, 2017 - staying in at the company, ma'am. x x x x
PEOPLE OF THE
PHILIPPINES, Plaintiff- PROSECUTOR: You urinated outside

Appellee, v. MARK because you do not have a comfort room
GAMBA Y inside, is it not a fact, Mr. Witness?
NISSORADA, Accused-
Appellant. WITNESS: Yes, ma'am.
G.R. No. 215029, PROSECUTOR: What is this Fine Home

July 05, 2017 - Incorporation doing, Mr. Witness?
SUMMIT ONE
CONDOMINIUM WITNESS: I am a caretaker at Fine Home

CORPORATION, Incorporation I guard the steels, ma'am.37
Petitioner, v. (Emphases and underscoring supplied)
POLLUTION
ADJUDICATION On the basis of the foregoing testimonies, the Court is
inclined to believe that at around past 12 o'clock in the
BOARD AND
early morning of May 24, 2010, petitioner went out to
ENVIRONMENTAL
the street to urinate when the Bantay Bayan operatives
MANAGEMENT
BUREAU - NATIONAL chanced upon him. The latter then approached and
CAPITAL REGION, questioned petitioner, and thereafter, went on to search
Respondent. his person, which purportedly yielded the marijuana

seized from him. Verily, the prosecution's claim that
G.R. No. 204617, petitioner was showing off his private parts was belied by
July 10, 2017 - the aforesaid testimonies. Clearly, these circumstances
ESPERANZA do not justify the conduct of an in flagrante delicto
BERBOSO, Petitioner, arrest, considering that there was no overt act
v. VICTORIA CABRAL, constituting a crime committed by petitioner in the
Respondent. presence or within the view of the arresting officer.

Neither do these circumstances necessitate a "hot
A.C. No. 10553, pursuit" warrantless arrest as the arresting Bantay
July 05, 2017 - Bayan operatives do not have any personal knowledge of
FILIPINAS O. facts that petitioner had just committed an offense.
CELEDONIO,
Complainant, v. ATTY. More importantly, the Court simply finds highly

JAIME F. ESTRABILLO, implausible the prosecution's claim that a valid
Respondent. warrantless arrest was made on petitioner on account of

the alleged public display of his private parts because if
G.R. No. 223678, it was indeed the case, then the proper charge should
July 05, 2017 - have been filed against him. However, records are bereft
PEOPLE OF THE of any showing that such charge was filed aside from the
PHILIPPINES, Plaintiff- instant criminal charge for illegal possession of
Appellee, v. ALFREDO dangerous drugs - thereby strengthening the view that
GUNSAY Y no prior arrest was made on petitioner which led to a
TOLENTINO, search incidental thereto. As stressed earlier, there must
Defendant-Appellant. first be a lawful arrest before a search can be made and

that such process cannot be reversed.
G.R. No. 223138,
July 05, 2017 - All told, the Bantay Bayan operatives conducted an
PEOPLE OF THE illegal search on the person of petitioner. Consequently,
PHILIPPINES, Plaintiff- the marijuana purportedly seized from him on account of
Appellee, v. RICKY such search is rendered inadmissible in evidence
PRIMAVERA Y pursuant to the exclusionary rule under Section 3 (2),
REMODO, Accused- Article III of the 1987 Constitution. Since the confiscated
Appellant. marijuana is the very corpus delicti of the crime charged,

petitioner must necessarily be acquitted and exonerated
G.R. No. 185647, from criminal liability.38
July 26, 2017 - DY
TEBAN TRADING, WHEREFORE, the petitiOn is GRANTED. The Decision

INC., Petitioner, v. dated October 21, 2015 and the Resolution dated
PETER C. DY, JOHNNY September 5, 2016 of the Court of Appeals in CA-G.R.
C. DY AND RAMON C. CR No. 35318 are hereby REVERSED and SET ASIDE.
DY, Respondents. Accordingly, petitioner Jeffrey Miguel y Remegio is

ACQUITTED of the crime of illegal possession of
G.R. No. 203902, dangerous drugs defined and penalized under Section
July 19, 2017 - 11, Article II of Republic Act No. 9165. The Director of
SPOUSES DIONISIO the Bureau of Corrections is ordered to cause his
ESTRADA AND JOVITA immediate release, unless he is being lawfully held for
R. ESTRADA, any other reason.
Petitioners, v.
PHILIPPINE RABBIT SO ORDERED.
BUS LINES, INC. AND
EDUARDO R. SAYLAN, Sereno, C.J., (Chairperson), Leonardo-De Castro, Del

Respondents. Castillo, and Caguioa, JJ., concur.
G.R. No. 230481,

Endnotes:
July 26, 2017 -
HOEGH FLEET
1Rollo, pp. 13-36.
SERVICES PHILS.,
INC., AND/OR HOEGH
FLEET SERVICES AS, 2 Id. at 40-53. Penned by Associate Justice

Petitioners, v. Myra V. Garcia-Fernandez with Associate
BERNARDO M. Justices Rosmari D. Carandang and Mario V.
TURALLO, Lopez concurring.
230500 - BERNARDO 3 Id. at 55-56.
M. TURALLO,
Petitioner, v. HOEGH 4 Id. at 71-73. Penned by Judge Gina M.

FLEET SERVICES
Bibat-Palamos.
PHILS., INC., AND/OR

HOEGH FLEET
5 Dated May 26, 2010. Records, pp. 1-2.
SERVICES AS,

Respondents.
6 ENTITLED "AN ACT INSTITUTING THE

COMPREHENSIVE DANGEROUS DRUGS ACT

G.R. No. 218910,
OF 2002, REPEALING REPUBLIC ACT NO.
July 05, 2017 -
6425, OTHERWISE KNOWN AS THE
PEOPLE OF THE
PHILIPPINES, Plaintiff- DANGEROUS DRUGS ACT OF 1972, AS

Appellee, v. LUTHER AMENDED, PROVIDING FUNDS THEREFOR,
SABADO, SATURNINO AND FOR OTHER PURPOSES" approved on
SABADO Y LOMBOY June 7, 2002.
AND HOSPICIO
HARUTA Y MARTINEZ, 7 Records, pp. 1-2.
ACCUSED, LUTHER
SABADO Y 8 See rollo, pp. 42-44.

PANGANGAAN,

Accused-Appellant.
9 See id. at 44-45.
G.R. No. 220889,

10 Id. at 71-73.
July 05, 2017 -

PEOPLE OF THE
11 Id. at 73.
Appellee, v. MARLON
12 See id.
BELMONTE Y
SUMAGIT, MARVIN
BELMONTE Y 13 See Notice of Appeal dated October 2,

SUMAGIT, ENRILE 2012; records, p. 164.
GABAY Y DELA TORRE
A.K.A "PUNO", AND 14Rollo, pp. 40-53.
NOEL BAAC Y

BERGULA, Accused, -- 15 Id. at 52.
MARLON BELMONTE Y

SUMAGIT, Accused-
16 See id. at 47-49.
Appellant.

17 See id. at 49-52.
G.R. No. 220700,

July 10, 2017 -
18 See motion for reconsideration dated

OFFICE OF THE
DEPUTY OMBUDSMAN November 13, 2015; CA rollo, pp. 97-109.
FOR LUZON,
Petitioner, v. 19Rollo, pp. 55-56.
EUFROCINA CARLOS
DIONISIO AND 20 See People v. Alejandro, G.R. No. 225608,

WINIFREDO SALCEDO March 13, 2017, citing People v. Comboy,
MOLINA, G.R. No. 218399, March 2, 2016, 785 SCRA
Respondents.

512, 521.
A.M. No. 17-03-03-
CA, July 11, 2017 - 21 See rollo, pp. 19-23.
RE: LETTER OF
RAFAEL DIMAANO 22 See "Makati Police Increases Visibility in

REQUESTING
Burgos-Makati Avenue-Kalayaan Triangle"
INVESTIGATION OF
dated April 29, 2014,
THE ALLEGED ILLEGAL
http://www.makati.gov.ph/portal/news/view.jsp?
ACTIVITIES
id=3194#.WXqT5hWGPIU (visited July 28,
PURPORTEDLY
2017).
PERPETRATED BY

ASSOCIATE JUSTICE
23People v. Lauga, 629 Phil. 522,530 (2010),
JANE AURORA C.
citing People v. Buendia, 432 Phil. 471, 476
LANTION OF THE
(2002).
COURT OF APPEALS,

CAGAYAN DE ORO
24 G.R. No. 209387, January 11, 2016, 779
CITY, AND A CERTAIN
SCRA 34.
ATTY. DOROTHY S.

CAJAYON OF
25 Id. at 54-61; citations omitted.
ZAMBOANGA CITY;
OCA IPI No. 17-258-
26 See People v. Lauga, supra note 23, at

CA-J, July 11, 2017 -
RE: UNSWORN 529-531.
COMPLAINT OF ROSA
ABDULHARAN 27 Section 2, Article III of the 1987

AGAINST ASSOCIATE Constitution states:
JUSTICE JANE
AURORA C. LANTION Section 2. The right of the people
OF THE COURT OF to be secure in their persons,
APPEALS, CAGAYAN houses, papers, and effects

DE ORO CITY, AND A against unreasonable searches
CERTAIN ATTY. and seizures of whatever nature
DOROTHY S. CAJAYON and for any purpose shall be
OF ZAMBOANGA CITY inviolable, and no search warrant

or warrant of arrest shall issue
A.C. No. 8450, July except upon probable cause to be
26, 2017 - SPOUSES determined personally by the

FELIX AND FE judge after examination under
NAVARRO, oath or affirmation of the
Complainants, v. ATTY. complainant and the witnesses he

MARGARITO G. may produce, and particularly
YGOÑA, Respondent. describing the place to be

searched and the persons or
A.C. No. 11663, things to be seized.
July 31, 2017 -

28 Section 3 (2), Article III of the 1987
NANETTE B. SISON,
Constitution states:
REPRESENTED BY
DELIA B. SARABIA,
Section 3. x x x.
Complainant, v. ATTY.

SHERDALE M.
(2) Any evidence obtained in
VALDEZ, Respondent.
violation of this or the preceding

section shall be inadmissible for

G.R. No. 225054,
any purpose in any proceeding.
July 17, 2017 -

PEOPLE OF THE 29 See Sindac v. People, G.R. No. 220732,
PHILIPPINES, Plaintiff- September 6, 2016, citing People v. Manago,
Appellee, v. AGAPITO August 17, 2016, G.R. No. 212340.
DIMAALA Y ARELA,
Accused-Appellant. 30 See id.
A.C. No. 6933, July

31 See id., citing Comerciante v. People, 764
05, 2017 - GREGORIO
Phil. 627, 634-635 (2015).
V. CAPINPIN, JR.,

32 See id.
ESTANISLAO L. CESA,

JR., Respondent.
33 See id.
G.R. No. 213922,
July 05, 2017 - 34 TSN, February 27, 2012, pp. 5-6 and 19-
PEOPLE OF THE 21.
Appellee, v. ROMMEL 35 Dated September 14, 2012. Records, pp.

DIPUTADO, Accused- 149-151.
Appellant.

36 Id. at 149.
A.M. No. P-06-2253

(Formerly A.M. No.

37 TSN, September 17, 2012, pp. 5-6.
06-9-297-MTC), July
12, 2017 - THE
OFFICE OF THE 38 See People v. Manago, supra note 29,

COURT citing Comerciante v. People, supra note 31,
ADMINISTRATOR, at 641.
Complainant, v.

ELIZABETH R.

TENGCO, CLERK OF

COURT II, MUNICIPAL

TRIAL COURT, STA.
Back to Home | Back to Main
CRUZ, LAGUNA,
Respondent.; A.M. No.
P-07-2360 (Formerly
OCA IPI No. 06-2427-
P), July 12, 2017 -
JUDGE ELPIDIO R.
CALIS, Complainant,
v. ELIZABETH R.
TENGCO, CLERK OF
COURT II, MUNICIPAL
TRIAL COURT, STA.
CRUZ, LAGUNA,
Respondent.; A.M. No.
P-13-3157 (Formerly
A.M. No. 12-4-30-
MTC), July 12, 2017 -
THE OFFICE OF THE
COURT
ADMINISTRATOR,
Complainant, v.
ELIZABETH R.
TENGCO, FORMER
CLERK OF COURT II,
MUNICIPAL TRIAL
COURT, STA. CRUZ,
Respondent.

G.R. No. 231671,

July 25, 2017 -
ALEXANDER A.
PADILLA, RENE A.V.

SAGUISAG,
CHRISTIAN S.
MONSOD, LORETTA
ANN P. ROSALES,
RENE B. GOROSPE,
AND SENATOR LEILA
M. DE LIMA,
Petitioners, v.
CONGRESS OF THE
PHILIPPINES,
CONSISTING OF THE
SENATE OF THE
PHILIPPINES, AS
REPRESENTED BY
SENATE PRESIDENT
AQUILINO "KOKO"
PIMENTEL III, AND
THE HOUSE OF
REPRESENTATIVES,
AS REPRESENTED BY
HOUSE SPEAKER
PANTALEON D.
ALVAREZ,
Respondents.; G.R.
No. 231694 - FORMER
SEN. WIGBERTO E.
TAÑADA, BISHOP
EMERITUS
DEOGRACIAS S.
IÑIGUEZ, BISHOP
BRODERICK PABILLO,
BISHOP ANTONIO R.
TOBIAS, MO.
ADELAIDA YGRUBAY,
SHAMAH BULANGIS
AND CASSANDRA D.
DELURIA, Petitioners,
v. CONGRESS OF THE
PHILIPPINES,
CONSISTING OF THE
SENATE AND THE
HOUSE OF
REPRESENTATIVES,
AQUILINO "KOKO"
PIMENTEL III,
PRESIDENT, SENATE
OF THE PHILIPPINES,
AND PANTALEON D.
ALVAREZ, SPEAKER,
HOUSE OF THE
REPRESENTATIVES,
Respondents.

G.R. No. 201018,

July 12, 2017 -
UNITED COCONUT
CHEMICALS, INC.,
Petitioner, v.
VICTORIANO B.
VALMORES,
Respondent.

A.C. No. 11668,

July 17, 2017 - JOY T.
SAMONTE,
VIVENCIO V.
JUMAMIL,
Respondent.

G.R. No. 227757,

July 25, 2017 -
REPRESENTATIVE
TEDDY BRAWNER
BAGUILAT, JR.,
REPRESENTATIVE
EDCEL C. LAGMAN,
REPRESENTATIVE
RAUL A. DAZA,
REPRESENTATIVE
EDGAR R. ERICE,
REPRESENTATIVE
EMMANUEL A.
BILLONES,
REPRESENTATIVE
TOMASITO S.
VILLARIN, AND
REPRESENTATIVE
GARY C. ALEJANO,
Petitioners, v.
SPEAKER PANTALEON
D. ALVAREZ,
MAJORITY LEADER
RODOLFO C.
FARIÑAS, AND
REPRESENTATIVE
DANILO E. SUAREZ,
Respondents.

G.R. No. 220458,

July 26, 2017 -
PEOPLE OF THE
Appellee, v. ROSARIO
BALADJAY, Accused-
Appellant.

A.C. No. 5161, July

11, 2017 - RE: IN THE
MATTER OF THE
PETITION FOR
REINSTATEMENT OF
ROLANDO S. TORRES
AS A MEMBER OF THE
PHILIPPINE BAR. --
ROLANDO S. TORRES,
Petitioner.

G.R. No. 207193,

July 24, 2017 - ROBLE
BARBOSA AND RAMDY
BARBOSA, Petitioners,
v. PEOPLE OF THE
PHILIPPINES,
Respondent.

G.R. No. 215200,

July 26, 2017 -
PEOPLE OF THE
Appellee, v. NOMERTO
NAPOLES Y BAJAS,
Accused-Appellant.

A.C. No. 1346, July

25, 2017 - PACES
INDUSTRIAL
CORPORATION,
Petitioner, v. ATTY.
EDGARDO M.
SALANDANAN,
Respondent.

A.M. No. MTJ-15-

1854 [Formerly A.M.
No. 14-4-50-MCTC],
July 11, 2017 -
OFFICE OF THE
COURT
ADMINISTRATOR,
Complainant, v.
PRESIDING JUDGE
BILL D. BUYUCAN AND
CLERK OF COURT
GERARD N.
LINDAWAN, BOTH AT
MUNICIPAL CIRCUIT
TRIAL COURT,
BAGABAG-DIADI,
NUEVA VIZCAYA,
Respondents.

G.R. No. 212616,

July 10, 2017 -
DISTRIBUTION &
CONTROL PRODUCTS,
INC./VINCENT M.
TIAMSIC, Petitioners,
v. JEFFREY E.
SANTOS, Respondent.

G.R. No. 220759,

July 24, 2017 -
PEOPLE OF THE
Appellee, v. ARMANDO
MENDOZA Y POTOLIN
A.K.A. "JOJO,"
Accused-Appellant.

G.R. No. 219649,

July 26, 2017 - AL
DELA CRUZ,
Petitioner, v. CAPT.
RENATO OCTAVIANO
AND WILMA
OCTAVIANO,
Respondents.

G.R. No. 212098,

July 26, 2017 - JULIO
C. ESPERE, Petitioner,
v. NFD
INTERNATIONAL
MANNING AGENTS,
INC./TARGET SHIP
MANAGEMENT PTE
LTD./CYNTHIA
SANCHEZ,
Respondents.

G.R. No. 181474,

July 26, 2017 -
PEOPLE OF THE
Appellee, v. ROMALDO
LUMAYAG Y DELA
CRUZ, DIONY
OPINIANO Y VERANO,
AND JERRY1 DELA
CRUZ Y DIAZ,
ACCUSED, DIONY
OPINIANO Y VERANO,
Accused-Appellant.

G.R. No. 228412,

July 26, 2017 -
ALASKA MILK
CORPORATION AND
THE ESTATE OF
WILFRED UYTENGSU,
Petitioners, v.
ERNESTO L. PONCE,
228439, 26 July 2017
- ERNESTO L. PONCE,
Petitioner, v. ALASKA
MILK CORPORATION,
ROYAL FRIESLAND
CAMPINA (RFC), AS
SUCCESSORS-IN-
INTEREST AND
SOLIDARY DEBTORS
WITH THE ESTATE OF
WILFRED UYTENGSU,
ALASKA MILK
WORKERS UNION
AND FREDDIE
BAUTISTA,
Respondents.

G.R. No. 206916,

July 03, 2017 -
PEOPLE OF THE
Appellee, v. JOSEPH
SAN JOSE Y
GREGORIO AND
JONATHAN SAN JOSE
Y GREGORIO,
Accused-Appellants.

G.R. No. 191458,

July 03, 2017 -
CHINATRUST (PHILS.)
COMMERCIAL BANK,
Petitioner, v. PHILIP
TURNER, Respondent.

G.R. No. 228296,

July 26, 2017 - GRIEG
PHILIPPINES, INC.,
GRIEG SHIPPING
GROUP AS, AND/OR
MANUEL F. ORTIZ,
Petitioners, v.
MICHAEL JOHN M.
GONZALES,
Respondent.

G.R. No. 198196,

July 17, 2017 -
SPOUSES LORETO
AND MILAGROS SIBAY
AND SPOUSES RUEL
AND OLGA ELAS,
Petitioners, v.
SPOUSES
BIENVENIDO AND
JUANITA BERMUDEZ,
Respondents.

G.R. No. 197526,

July 26, 2017 - CE
LUZON GEOTHERMAL
POWER COMPANY,
INC., Petitioner, v.
COMMISSIONER OF
INTERNAL REVENUE,
199676-77, July 26,
2017 - REPUBLIC OF
THE PHILIPPINES,
REPRESENTED BY THE
BUREAU OF INTERNAL
REVENUE, Petitioner,
v. CE LUZON
GEOTHERMAL POWER
COMPANY, INC.,
Respondent.

G.R. No. 221424,

July 19, 2017 -
PEOPLE OF THE
Appellee, v. ROBELYN
CABANADA Y
ROSAURO, Accused-
Appellant.
G.R. No. 219885,

July 17, 2017 -
PEOPLE OF THE
PHILIPPINES,
Appellee, v. AUGUSTO
F. GALLANOSA, JR.,
Appellant.

G.R. No. 173120 &

173141, July 26, 2017
- SPOUSES YU HWA
PING AND MARY GAW,
Petitioners, v. AYALA
LAND, INC.,
173141, July 26, 2017
- HEIRS OF SPOUSES
ANDRES DIAZ AND
JOSEFA MIA,
Petitioners, v. AYALA
LAND, INC.,
Respondent.

G.R. No. 183408,

July 12, 2017 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v.
LANCASTER
PHILIPPINES, INC.,
Respondent.

G.R. No. 217345,

July 12, 2017 -
WILMER O. DE
ANDRES, Petitioner, v.
DIAMOND H MARINE
SERVICES &
SHIPPING AGENCY,
INC., WU CHUN HUA
AND RUBEN J.
TURINGAN,
Respondents.

G.R.. No. 214529,

July 12, 2017 -
JERRYSUS L. TILAR,
Petitioner, v.
REPUBLIC OF THE
PHILIPPINES,
Respondents.

G.R. No. 214300,

July 26, 2017 -
PEOPLE OF THE
PHILIPPINES,
Petitioner, v. MANUEL
ESCOBAR,
Respondent.

A.C. No. 11482,

July 17, 2017 -
JOCELYN IGNACIO,
DANIEL T. ALVIAR,
Respondent.

G.R. No. 213192,

July 12, 2017 -
TERESA R. IGNACIO,
Petitioner, v. RAMON
REYES, FLORENCIO
REYES, JR., ROSARIO
R. DU AND
CARMELITA R.
PASTOR,
Respondents.
A.M. No. MTJ-16-

1883 (Formerly OCA
IPI No. 12-2497-MTJ),
July 11, 2017 - EMMA
G. ALFELOR,
Complainant, v. HON.
AUGUSTUS C. DIAZ,
PRESIDING JUDGE,
METROPOLITAN TRIAL
COURT, BRANCH 37,
QUEZON CITY,
Respondent.

A.C. No. 10580,

July 12, 2017 -
SPOUSES GERALDY
AND LILIBETH
VICTORY,
Complainants, v. ATTY.
MARIAN JO S.
MERCADO,
Respondent.

A.C. No. 9919, July

19, 2017 - DR.
EDUARDO R. ALICIAS,
JR. COMPLAINANT,
VS. ATTY. VIVENCIO
S. BACLIG,
Respondent.

A.C. No. 7824, July

19, 2017 - ELIEZER F.
CASTRO AND
BETHULIA C.
CASAFRANCISCO,
JOHN BIGAY, JR. AND
ATTY. JUAN SIAPNO,

JR., Respondents.

G.R. No. 196412,

BANK OF THE
PHILIPPINES,
Petitioner, v. MIGUEL
OMENGAN,
Respondent.

G.R. No. 174670,

July 26, 2017 -
PHILCONTRUST
RESOURCES INC.
(FORMERLY KNOWN
AS INTER-ASIA LAND
CORPORATION),
Petitioner, v. CARLOS
SANTIAGO, LITO
PALANGANAN,
OLIMPIA ERCE,
TAGUMPAY REYES,
DOMINGO LUNA,
RICARDO DIGO,
FRANCIS DIGO,
VIRGILIO DIGO,
CORAZON DIGO,
WILBERT SORTEJAS,
ADRIEL SANTIAGO,
CARLOS SANTIAGO
JR., SEGUNDO
BALDONANSA,
RODRIGO DIGO,
PAULINO MENDOZA,
SOFRONIO
OLEGARIO, BERNARD
MENDOZA, JUN
DELPINADO,
EDILBERTO CABEL,
ERINITO MAGSAEL,
HONORIO BOURBON,
MAURICIO SENARES,
RICARTE DE GUZMAN,
MANUEL DE CASTRO,
CENON MOSO, JESUS
EBDANI, DOMINGO
HOLGADO, LETICIA
PELLE, REY
SELLATORES, EFREN
CABRERA, RONNIE
DIGO, RENATO
OLIMPIAD, RICARDO
LAGARDE, ERIC DIGO,
ISAGANI SENARES,
CANCIANO PAYAD,
MELITONA
PALANGANAN,
VIRGILIO PERENA,
EDGARDO PAYAD,
WINNIE CABANSAG,
WINNIE AVINANTE,
AND VALENTINA
SANTIAGO,
Respondents.

G.R. No. 227695,

July 31, 2017 -
GENPACT SERVICES,
INC., AND DANILO
SEBASTIAN REYES,
Petitioners, v. MARIA
KATRINA SANTOS-
FALCESO, JANICE
ANN* M. MENDOZA,
AND JEFFREY S.
MARIANO,
Respondents.
G.R. No. 227038,

July 31, 2017 -
JEFFREY MIGUEL Y
REMEGIO, Petitioner,
v. PEOPLE OF THE
PHILIPPINES,
Respondent.

G.R. No. 202342,

July 19, 2017 - AMA
LAND, INC., Petitioner,
v. WACK WACK
RESIDENTS'
ASSOCIATION, INC.,
Respondent.

G.R. No. 208735,

July 19, 2017 - BDO
UNIBANK, INC.
(FORMERLY
EQUITABLE PCI
BANK), Petitioner, v.
NESTOR N. NERBES
AND ARMENIA F.
SURAVILLA,
Respondents.

G.R. No. 215874,

July 05, 2017 - ARLO
ALUMINUM, INC.,
Petitioner, v. VICENTE
M. PIÑON, JR., IN
BEHALF OF VIC
EDWARD PIÑON,
Respondent.

G.R. No. 218250,

July 10, 2017 -
PEOPLE OF THE
Appellee, v. GIO
COSGAFA Y
CLAMOCHA, JIMMY
SARCEDA Y AGANG,
AND ALLAN VIVO Y
APLACADOR, Accused-
Appellants.

G.R. No. 210129,

July 05, 2017 - S/SGT.
CORNELIO PAMAN,
Petitioner, v. PEOPLE
OF THE PHILIPPINES,
Respondent.

G.R. No. 224974,

July 03, 2017 -
MARVIN CRUZ AND
FRANCISCO CRUZ, IN
HIS CAPACITY AS
BONDSMAN,
Petitioners, v. PEOPLE
OF THE PHILIPPINES,
Respondent.

G.R. No. 212814,

July 12, 2017 -
PEOPLE OF THE
Appellee, v. ERNIE
CARILLO Y PABELLO
ALIAS "NANNY,"
RONALD ESPIQUE Y
LEGASPI ALIAS
"BORLOK," RAFAEL
SUSADA Y GALURA
ALIAS "RAFFY,"
Accused; ERNIE P.
CARILLO AND
RONALD L. ESPIQUE,
Accused-Appellants.

G.R. No. 207684,

July 17, 2017 -
PHILTRANCO SERVICE
ENTERPRISES, INC.,
AND/OR JOSE PEPITO
ALVAREZ, ARSENIO
YAP AND CENTURION
SOLANO, Petitioners,
v. FRANKLIN CUAL,
NOEL PORMENTO,
RAMIL TIMOG,
WILFREDO PALADO,
ROBERTO VILLARAZA,
JOSE NERIO ARTISTA,
CESAR SANCHEZ,
RENERIO
MATOCIÑOS,
VALENTINO SISCAR,
LARRY ACASIO,
GERARDO NONATO,
JOSE SAFRED, JUAN
LUNA, GREGORIO
MEDINA, NESTOR
ZAGADA, FRANCISCO
MIRANDA, LEON
MANUEL VILLAFLOR,
RODOLFO NOLASCO,
REYNALDO PORTES,
GERARDO CALINYAO,
LUTARDO DAYOLA,
VICENTE BALDOS,
ROGELIO MEJARES,
RENIE SILOS AND
SERVANDO PETATE,
Respondents.

G.R. No. 208013,

July 03, 2017 -
PEOPLE OF THE
Appellee, v. EDGAR
ALLAN CORPUZ Y
FLORES, Accused-
Appellant.

G.R. No. 208441,

July 17, 2017 -
PEOPLE OF THE
Appellee, v. ZENAIDA
FABRO OR ZENAIDA
MANALASTAS Y
VIÑEGAS, Accused-
Appellant.

G.R. No. 221443,

July 17, 2017 - THE
PEOPLE OF THE
Appellee, v.
DOMINADOR LADRA,
Accused-Appellant.

G.R. No. 219501,

July 26, 2017 -
POLICE DIRECTOR
GENERAL ALAN LA
MADRID PURISIMA,
Petitioner, v. HON.
CONCHITA CARPIO
MORALES, IN HER
OFFICIAL CAPACITY
AS THE OMBUDSMAN
OF THE REPUBLIC OF
THE PHILIPPINES,
Respondent.

G.R. No. 232413

[Formerly UDK
15419], July 25, 2017
- IN THE MATTER OF
THE PETITION FOR
ISSUANCE OF WRIT
OF HABEAS CORPUS
WITH PETITION FOR
RELIEF - INTEGRATED
BAR OF THE
PHILIPPINES
PANGASINAN LEGAL
AID AND JAY-AR R.
SENIN, Petitioners, v.
DEPARTMENT OF
JUSTICE, PROVINCIAL
PROSECUTOR'S
OFFICE, BUREAU OF
JAIL MANAGEMENT
AND PENOLOGY, AND
PHILIPPINE NATIONAL
POLICE, Respondent.

G.R. No. 223610,

July 24, 2017 -
CONCHITA S. UY,
CHRISTINE UY DY,
SYLVIA UY SY, JANE
UY TAN, JAMES
LYNDON S. UY, IRENE
S. UY,* ERICSON S.
UY, JOHANNA S. UY,
AND JEDNATHAN S.
UY, Petitioners, v.
CRISPULO DEL
CASTILLO,
SUBSTITUTED BY HIS
HEIRS PAULITA
MANATAD-DEL
CASTILLO, CESAR DEL
CASTILLO, AVITO DEL
CASTILLO, NILA C.
DUEÑAS, NIDA C.
LATOSA, LORNA C.
BERNARDO, GIL DEL
CASTILLO, LIZA C.
GUNGOB, ALMA DEL
CASTILLO, AND
GEMMA DEL
CASTILLO,
Respondents.

G.R. No. 210615,

July 26, 2017 -
PEOPLE OF THE
Appellee, v. ABENIR
BRUSOLA Y
BARAGWA, Accused-
Appellant.

G.R. No. 218205,

July 05, 2017 -
PEOPLE OF THE
Appellee, v. MARCIAL
D. PULGO, Accused-
Appellant.

G.R. No. 196888,

July 19, 2017 -
AURELIA NARCISE,
GLORIA A. DELA
CRUZ, MARITESS O.
GARCIA, PHILIP
FALCON, ENRICO M.
VITUG, LYNETTE C.
PONTRERAS,
BONIFACIO
BARRAMEDA, RAMON
S. MORADA, MANUEL
G. VIOLA, ZENAIDA
LANUZA, CIRILO G.
SALTO, TEODORO DEL
ROSARIO, NANCY G.
INSIGNE, MELANIE G.
VIANA, ROMEO
TICSAY, AMY J.
FRANCISCO, MARIE J.
FRANCISCO, ZENAIDA
LANUZA, MIGUELITO
B. MARTINEZ,
APOLONIO SANTOS,
MARIVIC TAN, JANE
CLOR DILEMA,
VALENTINO DILEMA,
JOSE L. PANGAN,
ANTONIA M.
MANGELEN, IMELDA
MANALASTAS,
TEODORICO N.
ANDRADE, AIDA L.
CRUZ, MANUEL
YAMBOT, JAIME
SERDENA, ARIEL
PALACIOS, EVE
BOLNEO, LIBETINE
MODESTO, MA.
AILEEN VERDE,
BENNY ILAGAN,
MICHELLE ROMANA,
DANILO VILLANUEVA,
LEO NALUGON,
ROSSANA
MARASIGAN, NELIE
BINAY AND ISABELITA
MENDOZA,
Petitioners, v.
VALBUECO, INC.,
Respondent.

G.R. No. 217973,

July 19, 2017 -
PEOPLE OF THE
Appellee, v. FEDERICO
GEROLA Y AMAR
ALIAS "FIDEL",
Accused-Appellant.

G.R. No. 211947,

July 03, 2017 - HEIRS
OF CAYETANO
CASCAYAN,
REPRESENTED BY LA
PAZ MARTINEZ,
Petitioners, v.
SPOUSES OLIVER AND
EVELYN GUMALLAOI,
AND THE MUNICIPAL
ENGINEER OF
BANGUI, ILOCOS
NORTE, Respondents.

G.R. No. 220383,

July 05, 2017 -
SONEDCO WORKERS
FREE LABOR UNION
(SWOFLU) / RENATO
YUDE, MARIANITO
REGINO, MANUEL
YUMAGUE,
FRANCISCO
DACUDAG, RUDY
ABABAO, DOMINIC
SORNITO, SERGIO
CAJUYONG, ROMULO
LABONETE,
GENEROSO GRANADA,
EMILIO AGUS,
ARNOLD CAYAO, BEN
GENEVE, VICTOR
MAQUE, RICARDO
GOMEZ, RODOLFO
GAWAN, JIMMY
SULLIVAN, FEDERICO
SUMUGAT, JR.,
ROMULO AVENTURA,
JR., JURRY
MAGALLANES,
HERNAN EPISTOLA,
JR., ROBERTO
BELARTE, EDMON
MONTALVO, TEODORO
MAGUAD, DOMINGO
TABABA, MAXIMO
SALE, CYRUS
DIONILLO, LEONARDO
JUNSAY, JR., DANILO
SAMILLION,
MARIANITO
BOCATEJA, JUANITO
GEBUSION, RICARDO
MAYO, RAUL ALIMON,
ARNEL ARNAIZ,
REBENCY BASOY,
JIMMY VICTORIO
BERNALDE, RICARDO
BOCOL, JR., JOB
CALAMBA,
WOLFRANDO
CALAMBA, RODOLFO
CASISID, JR.,
EDGARDO DELA PENA,
ALLAN DIONILLO,
EDMUNDO EBIDO,
JOSE ELEPTICO, JR.,
MARCELINO FLORES,
HERNANDO
FUENTEBILLA, SAUL
HITALIA, JOSELITO
JAGODILLA, NONITO
JAYME, ADJIE
JUANILLO, JEROLD
JUDILLA, EDILBERTO
NACIONAL, SANDY
NAVALES, FELIPE
NICOLASORA, JOSE
PAMALO-AN, ISMAEL
PEREZ, JR., ERNESTO
RANDO, JR., PHILIP
REPULLO, VICENTE
RUIZ, JR., JOHN
SUMUGAT, CARLO
SUSANA, ROMEO
TALAPIERO, JR.,
FERNANDO TRIENTA,
FINDY VILLACRUZ,
JOEL VILLANUEVA,
AND JERRY
MONTELIBANO,
Petitioners, v.
UNIVERSAL ROBINA
CORPORATION,
SUGAR DIVISION-
SOUTHERN NEGROS
DEVELOPMENT
CORPORATION
(SONEDCO),
Respondents.

G.R. No. 224102,

July 26, 2017 - RYAN
MARIANO Y GARCIA,
Petitioner, v. PEOPLE
OF THE PHILIPPINES,
Respondent.

G.R. Nos. 193969-

193970, July 05, 2017
- KA KUEN CHUA,
DOING BUSINESS
UNDER THE NAME
AND STYLE KA KUEN
CHUA
ARCHITECTURAL,
Petitioner, v.
COLORITE
MARKETING
CORPORATION,
Respondent.; G.R.
Nos. 194027-194028 -
COLORITE
MARKETING
CORPORATION,
Petitioner, v. KA KUEN
CHUA, DOING
BUSINESS UNDER
THE NAME AND STYLE
KA KUEN CHUA
ARCHITECTURAL,
Respondent.

G.R. No. 197032,

July 26, 2017 -
SECURITIES AND
EXCHANGE
COMMISSION,
Petitioner, v. PRICE
RICHARDSON
CORPORATION,
CONSUELO VELARDE-
ALBERT, AND
GORDON RESNICK,
Respondents.

G.R. No. 205614,

July 26, 2017 -
PEOPLE OF THE
Appellee, v. JAIME
SEGUNDO Y
IGLESIAS, Accused-
Appellant.

G.R. No. 181953,

BANK OF THE
PHILIPPINES,
Petitioner, v. RURAL
BANK OF HERMOSA
(BATAAN), INC.,
Respondent.

A.M. No. MTJ-16-

1886 (Formerly OCA
IPI No. 16-2869-MTJ),
July 25, 2017 -
ANONYMOUS
COMPLAINT,
Complainant, v.
PRESIDING JUDGE
EXEQUIL L. DAGALA,
MUNICIPAL CIRCUIT
TRIAL COURT, DAPA-
SOCORRO, DAPA,
SURIGAO DEL NORTE,

Respondent.

G.R. No. 217453,

July 19, 2017 -
DENMARK S.
VALMORES, Petitioner,
v. DR. CRISTINA
ACHACOSO, IN HER
CAPACITY AS DEAN
OF THE COLLEGE OF
MEDICINE, AND DR.
GIOVANNI CABILDO,
FACULTY OF THE
MINDANAO STATE
UNIVERSITY,
Respondents.

G.R. No. 220835,

July 26, 2017 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v. SYSTEMS
TECHNOLOGY
INSTITUTE, INC.,
Respondent.

G.R. No. 207765,

July 26, 2017 -
PEOPLE OF THE
Appellee, v. JULITO
DIVINAGRACIA, SR.,
Accused-Appellant.

G.R. No. 199825,

July 26, 2017 - BRO.
BERNARD OCA, BRO.
DENNIS MAGBANUA,
CIRILA N. MOJICA,
ALEJANDRO N.
MOJICA, JOSEFINA
PASCUAL, SILVESTRE
PASCUAL AND ST.
FRANCIS SCHOOL OF
GENERAL TRIAS,
CAVITE, INC.,
Petitioners, v.
LAURITA CUSTODIO,
Respondent.

A.C. No. 11494,

July 24, 2017 - HEIRS
OF JUAN DE DIOS E.
CARLOS, NAMELY,
JENNIFER N. CARLOS,
JOCELYN N. CARLOS,
JACQUELINE
CARLOS-DOMINGUEZ,
JO-ANN CARLOS--
TABUTON, JIMMY N.
CARLOS, LORNA A.
CARLOS, JERUSHA
ANN A. CARLOS AND
JAN JOSHUA A.
CARLOS,
JAIME S. LINSANGAN,
Respondent.

G.R. No. 191657,

July 31, 2017 -
NATIONAL HOUSING
AUTHORITY, Petitioner,
v. DOMINADOR
LAURITO, HERMINIA
Z. LAURITO, NIEVES
A. LAURITO, NECITAS
LAURITO VDA. DE DE
LEON, ZENAIDA D.
LAURITO, CORNELIA
LAURITO VDA. DE
MANGA, AGRIPINA T.
LAURITO, VITALIANA
P. LAURITO,
REPRESENTED BY:
DOMINADOR
LAURITO,
Respondents.; HEIRS
OF RUFINA MANARIN,
NAMELY: CONSUELO
M. LOYOLA-BARUGA,
ROSY M. LOYOLA--
GONZALES,
BIENVENIDO L.
RIVERA, REYNALDO L.
RIVERA, ISABELITA A.
LOYOLA, LIWAYWAY A.
LOYOLA, LOLITA A.
LOYOLA, LEANDRO A.
LOYOLA, PERLITO L.
LOYOLA, GAVINA L.
LOYOLA, ZORAIDA L.
PURIFICACION,
PERLITA L. DIZON,
LUCENA R. LOYOLA,
ANITA L. REYES,
VISITACION L.
ZAMORA, CRISTINA L.
CARDONA, NOEL P.
LOYOLA, ROMEO P.
LOYOLA, JR.,
FERDINAND P.
LOYOLA, EDGARDO A.
LOYOLA, DIONISA L.
BUENA, SALUD L.
MAPALAD, CORAZON
L. SAMBILLO, VIDAL
A. LOYOLA, AND
MILAGROS A.
LOYOLA,
REPRESENTED BY
THEIR ATTORNEY-IN-
FACT ZOSIMO A.
LOYOLA, Petitioner-
Intervenors.

G.R. No. 222699,

July 24, 2017 -
MAUNLAD TRANS
INC., CARNIVAL
CRUISE LINES
AND/OR AMADO
CASTRO, Petitioners,
v. GABRIEL ISIDRO,
Respondent.

G.R. No. 230664,

July 24, 2017 -
EDWARD M. COSUE,
Petitioner, v. FERRITZ
INTEGRATED
DEVELOPMENT
CORPORATION,
MELISSA TANYA F.
GERMINO AND
ANTONIO A.
FERNANDO,
Respondents.

G.R. No. 209452,

July 26, 2017 -
GOTESCO
PROPERTIES, INC.,
Petitioner, v.
SOLIDBANK
CORPORATION (NOW
METROPOLITAN BANK
AND TRUST
COMPANY),
Respondent.

G.R. No. 228628,

July 25, 2017 - REP.
REYNALDO V. UMALI,
IN HIS CAPACITY AS
CHAIRMAN OF THE
HOUSE OF
REPRESENTATIVES
COMMITTEE ON
JUSTICE AND EX
OFFICIO MEMBER OF
THE JBC, Petitioner, v.
THE JUDICIAL AND
BAR COUNCIL,
CHAIRED BY THE
HON. MARIA
LOURDES P.A.
SERENO, CHIEF
JUSTICE AND EX
OFFICIO
CHAIRPERSON,
Respondent.

G.R. No. 206890,

July 31, 2017 - EVIC
HUMAN RESOURCE
MANAGEMENT INC.,
FREE BULKERS S.A.
AND/OR MA.
VICTORIA C.
NICOLAS, Petitioners,
v. ROGELIO O.
PANAHON,
Respondent.
G.R. No. 204530,

July 26, 2017 -
REPUBLIC OF THE
PHILIPPINES,
REPRESENTED BY THE
DEPARTMENT OF
PUBLIC WORKS AND
HIGHWAYS, Petitioner,
v. POTENCIANO A.
LARRAZABAL, SR.,
VICTORIA
LARRAZABAL LOCSIN
AND BETTY
LARRAZABAL
MACATUAL,
Respondents.

G.R. No. 231658,

July 04, 2017 -
REPRESENTATIVES
EDCEL C. LAGMAN,
TOMASITO S.
VILLARIN, GARY C.
ALEJAÑO, EMMANUEL
A. BILLONES, AND
TEDDY BRAWNER
BAGUILAT, JR.,
Petitioners, v. HON.
SALVADOR C.
MEDIALDEA,
EXECUTIVE
SECRETARY; HON.
DELFIN N.
LORENZANA,
SECRETARY OF THE
DEPARTMENT OF
NATIONAL DEFENSE
AND MARTIAL LAW
ADMINISTRATOR;
AND GEN. EDUARDO
AÑO, CHIEF OF STAFF
OF THE ARMED
FORCES OF THE
PHILIPPINES AND
MARTIAL LAW
IMPLEMENTOR,
Respondents.; G.R.
No. 231771 -
EUFEMIA CAMPOS
CULLAMAT, VIRGILIO
T. LINCUNA, ATELIANA
U. HIJOS, ROLAND A.
COBRADO, CARL
ANTHONY D. OLALO,
ROY JIM BALANGHIG,
RENATO REYES, JR.,
CRISTINA E. PALABAY,
AMARYLLIS H.
ENRIQUEZ, ACT
TEACHERS'
REPRESENTATIVE
ANTONIO L. TINIO,
GABRIELA WOMEN'S
PARTY
REPRESENTATIVE
ARLENE D. BROSAS,
KABATAAN PARTY-
LIST REPRESENTATIVE
SARAH JANE I.
ELAGO, MAE PANER,
GABRIELA KRISTA
DALENA, ANNA
ISABELLE ESTEIN,
MARK VINCENT D.
LIM, VENCER MARI
CRISOSTOMO, JOVITA
MONTES, Petitioners,
v. PRESIDENT
RODRIGO DUTERTE,
EXECUTIVE
SECRETARY
SALVADOR
MEDIALDEA, DEFENSE
SECRETARY DELFIN
LORENZANA, ARMED
FORCES OF THE
PHILIPPINES CHIEF
OF STAFF LT.
GENERAL EDUARDO
AÑO, PHILIPPINE
NATIONAL POLICE
DIRECTOR-GENERAL
RONALD DELA ROSA,
Respondents.; G.R.
No. 231774 -
NORKAYA S.
MOHAMAD, SITTIE
NUR DYHANNA S.
MOHAMAD, NORAISAH
S. SANI, ZAHRIA P.
MUTI-MAPANDI,
Petitioners, v.
EXECUTIVE
SECRETARY
SALVADOR C.
MEDIALDEA,
DEPARTMENT OF
NATIONAL DEFENSE
(DND) SECRETARY
DELFIN N.
LORENZANA,
DEPARTMENT OF THE
INTERIOR AND LOCAL
GOVERNMENT (DILG)
SECRETARY (OFFICER-
IN-CHARGE)
CATALINO S. CUY,
ARMED FORCES OF
THE PHILIPPINES
(AFP) CHIEF OF STAFF
GEN. EDUARDO M.
AÑO, PHILIPPINE
NATIONAL POLICE
(PNP) CHIEF
DIRECTOR GENERAL
RONALD M. DELA
ROSA, NATIONAL
SECURITY ADVISER
HERMOGENES C.
ESPERON, JR.,
Respondents.

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8/31/2021 G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

espondent. : July 20…

Home Law Firm Law Library Laws Jurisprudence

July 2017 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court

G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y

G.R. No. 227038, July 31, 2017

JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE

Decision2 dated October 21, 2015 and the Resolution3

CA-G.R. CR No. 35318, which affirmed the Decision4

On May 27, 2010, an Information5 was filed before the

dangerous drugs, defined and penalized under Section

11, Article II of Republic Act No. (RA) 9165,6 otherwise

On the 24th day of May 2010, in the city of

The prosecution alleged that at around 12:45 in the

metabolites, both dangerous drugs.8

Petitioner pleaded not guilty to the charge, and

to the Ospital ng Makati and to another office where a

The RTC Ruling

In a Decision10 dated October 1, 2012, the RTC found

subsidiary imprisonment in case of insolvency.11

The RTC found that BB Bahoyo and BB Velasquez

Section 11, Article II of RA 9165.12

Aggrieved, petitioner appealed13 to the CA.

In a Decision14 dated October 21, 2015, the CA affirmed

petitioner's conviction.15 It held that the search made on

sufficient to convict him for the crime charged.16 The CA

value of the seized drugs were not compromised.17

Undaunted, petitioner moved for reconsideration,18

which was, however, denied in a Resolution19 dated

The Issue Before the Court

The issue for the Court's resolution is whether or not the

The Court's Ruling

The petition is meritorious.

In criminal cases, "an appeal throws the entire case wide

Proceeding from the foregoing, and as will be explained

One of the arguments presented in the instant petition is

him is inadmissible in evidence.21 In this relation, it is

and BB Velasquez, are mere Bantay Bayan operatives of

within their designated areas.22 Particularly,

which is] an accredited auxiliary of the x x x PNP."23 In

the case of Dela Cruz v. People24 involving civilian port

With regard to searches and seizures, the

In People v. Marti, the private forwarding and

matter to the National Bureau of

Investigation and brought the samples to the

CORPORATION AND This court held that there was no

July 03, 2017 -

intervention of police authorities,

PARAS­-LEYNES, unlawful intrusion by the

Constitution. The actions of port

government, Marti is inapplicable in the

unreasonable searches and seizures, Section 3 (2),28

search can be made - the process cannot be

11, 2017 - SECURITY A lawful arrest may be effected with or without a

R. CRUZ, SECURITY lawful. - A peace officer or a private person

GUARD I, SECURITY may, without a warrant arrest a person:

DIVISION, (a) When, in his presence, the person to be

Respondent. arrested has committed, is actually

G.R. No. 220057, offense;

July 12, 2017 - RENE

MICHAEL FRENCH, (b) When an offense has just been committed

Petitioner, v. COURT and he has probable cause to believe based

PARAS-LEYNES, unlawful intrusion by the

UEM-MARA ATTY. PUZON: So, is it not true that when you

MARIZA SANTOSTAN, WITNESS: He faced us, sir.