38. Abelita v.

Doria, GR 170672
FACTS
Ramirez reported that a certain William Sia is wounded while Petitioner and his wife just
left the place of the incident. Doria looked for the petitioner and when he found him, he
informed him about the incident, he requested Petitioner to go with him in the PNP HQ
but the petitioner suddenly sped up his vehicle and proceeded to his residence, they
caught up with petitioner as he was about to run towards his house. The police offices
saw a gun in the form seat and a shotgun at the back and they confiscated the firearms
for illegal possession of firearms and frustrated murder and an administrative case.
ISSUE
Whether or not the arrest and seizure was valid.
RULING
Yes, the seizure was valid under plain view doctrine. They were justified in seizing the
firearms. However, the Court did not agree that petitioner was framed-up and that the
respondents were presumed to be performing their duties in accordance with law. They
should not be held liable for damages.

39. PEOPLE V. ACOL, G.R. Nos. 106288-89 May 17, 1994

FACTS
Victim Rene Araneta who went with the responding police officers, upon seeing four
persons, one of whom was wearing his stolen jacket, walking casually towards Fort
Bonifacio, told the police authorities to accost said persons. After the CAPCOM officers
introduced themselves, the four men scampered to different directions but three of
them, namely, Tirso Acol, Pio Boses, and Albert Blanco, were apprehended and two of
them was found with an unlicensed .38 caliber revolver with bullets.
ISSUE
Whether or not there was a valid arrest and seizure in this case.
RULING

Yes. The search falls within the purview of Section 5(b) of Rule 113 which serves as an
exception to the requisite warrant prior to arrest. Accused-appellant's arrest was lawful,
it follows that the search made incidental thereto was valid. The unlicensed firearms
were found when the police team apprehended the accused for the robbery and not for
illegal possession of firearms and ammunition. When, in pursuing an illegal action or in
the commission of a criminal offense, the offending police officers should happen to
discover a criminal offense being committed by any person, they are not precluded from
performing their duties as police officers for the apprehension of the guilty person and
the taking of the corpus delicti.

40. PEOPLE vs. GERENTE, G.R. No. 95847-48. March 10, 1993.

FACTS

With the information by the prosecution witness of killing Clarito Blace, the policemen
proceeded to the house of the appellant who was then sleeping. Patrolman Urrutia
frisked appellant and found a coin purse in his pocket which contained dried leaves
wrapped in cigarette foil. The dried leaves were sent to the National Bureau of
Investigation for examination. The Forensic Chemist found them to be marijuana.

ISSUE

Whether or not the court a quo gravely erred in admitting the marijuana leaves adduced
in evidence by the prosecution.

RULING

No. The search of appellant's person and the seizure of the marijuana leaves in his
possession were valid because they were incident to a lawful warrantless arrest of
Paragraphs (a) and (b), Section 5, Rule 113 of the Revised Rules of Court. The search
conducted on Gerente's person was likewise lawful because it was made as an incident
to a valid arrest. This is in accordance with Section 12, Rule 126 of the Revised Rules
of Court. The frisk and search of appellant's person upon his arrest was a permissible
precautionary measure of arresting officers to protect themselves, for the person who is
about to be arrested may be armed and might attack them unless he is first disarmed.

41. PEOPLE vs GUILLEN, G.R. No. 191756, November 25, 2013

FACTS

At that time "AAA" was playing cards while waiting for her common-law husband
to arrive when someone knocked at the door and it was her neighbor. entered the
room and suddenly poked a balisong on her neck and eventually raped her.

ISSUE

Whether or not the trial court gravely erred in convicting the accused-appellant of rape
despite the prosecution’s failure to overthrow the constitutional presumption of
innocence in his favor

RULING
No. The aforesaid blatant FAILURE of the accused to deny victim’s complaint against
him is equivalent to an IMPLIED ADMISSION of guilt. Assuming arguendo that he is
innocent of the accusation filed against him, he should have stood firm in his contention
that he didn’t rape/abuse the victim and should have stressed at the police station that
on the date and time of the incident he was having a drinking spree with his friends.
Clearly, when appellant remained silent when confronted by the accusation of "AAA" at
the police station, he was exercising his basic and fundamental right to remain silent. At
that stage, his silence should not be taken against him. Thus, it was error on the part of
the trial court to state that appellant’s silence should be deemed as implied admission of
guilt. In fact, this right cannot be waived except in writing and in the presence of counsel
and any admission obtained in violation of this rule shall be inadmissible in evidence.

42. Luspo vs People G.R. No. 188487, February 14, 2011

FACTS

Public officers, all of the Philippine National Police (PNP), while in the performance of
their respective official and administrative functions as such, acting with evident bad
faith and manifest partiality, conspiring, confederating and mutually helping one another,
together with private accused Margarita B. Tugaoen, did then and there willfully,
unlawfully and criminally cause undue injury to the government (PNP), by causing the
preparation, issuance, release and payment, without supporting documents, of TEN
MILLION PESOS (₱10,000,000.00) to DI-BEN TRADING, MT ENTERPRISES, J-MOS
ENTERPRISES and TRIPLE 888 ENTERPRISES, all owned and operated by accused
Margarita B. Tugaoen, purportedly for the purchase of combat, clothing and individual
equipment (CCIE) for use of North Capcom personnel, to which no actual delivery of
said CCIE items were ever effected by accused supplier Margarita B. Tugaoen, thereby
giving unwarranted benefits to the latter accused, to the damage and prejudice of the
Philippine government in the total amount of TEN MILLION (₱10,000,000.00) PESOS,
Philippine Currency.

ISSUE

Whether the Sandiganbayan gravely erred in holding thatthe investigations conducted

on petitioners are not custodial investigation and in not holding that the sworn
statements taken by the investigating officers during investigations are inadmissible in
evidence for being violative of the constitutional rights of the accused, particularly their
right to counsel.

RULING

No. The court held that even if the investigation conducted by the PNP was custodial in
nature, the improprieties that Tugaoen bewailwould not prevail against strong and
overwhelming evidenceshowing her and her co-conspirators guilt. Allegations of
improprietycommitted during custodial investigation are material when an extrajudicial
admission or confession is the basis of conviction.

In the present case, the conviction of Montano, Duran and Tugaoenwas not deducted
solely from Tugaoens admission, but from the confluence of evidence showing their guilt
beyond reasonable doubt.

43. People vs. Chavez G.R. 207950

FACTS
Mark Jason Chavez y Bitancor (Chavez) was charged with the crime of robbery with
homicide for the death of Elmer Duque aka Barbie.

ISSUE

Whether circumstantial evidence be sufficient to establish guilt beyond reasonable

doubt for the conviction of the accused.

RULING:

Yes. Under, SEC. 4. Circumstantial evidence. The lower courts found that the
circumstantial evidence laid down by the prosecution led to no other conclusion than the
commission by Chavez of the crime charged. The prosecution has equally established,
based on the same circumstantial evidence, that the accused had indeed killed the
victim.

44. PEOPLE VS. YAU G.R. No. 208170

FACTS

The complainant was kidnapped for ransom for 22 days of captivity. Complainant was
rescued when members of the Police Anti-Crime and Emergency Response Task Force
(PACER) intercepted the same taxi with plate number PVD 115 and subsequently the
appellant led the team to his house where the complainant was held captive.

ISSUE

Whether they are guilty of kidnapping for random

RULING

Yes. Under Kidnapping for Ransom under Article 267 of the RPC, as amended by R.A.
No. 7659. The prosecution presented credible and sufficient pieces of circumstantial
evidence that led to the inescapable and reasonable conclusion that Petrus committed
the crime charged. The settled rule is that a judgment of conviction based on
circumstantial evidence. The corollary rule is that the circumstances proven must
constitute an unbroken chain which leads to one fair and reasonable conclusion pointing
to the accused, to the exclusion of all others, as the guilty person.

45. REBELLION VS. PEOPLE 623 SCRA 343

FACTS

When two policemen saw Salvador Rebellon and another person exchanging
something, the officers introduced themselves and when asked what he was holding,
petitioner handed three strips of aluminum foil. Upon search, the officers found a sachet
of shabu.

ISSUE:

Whether the warrantless arrest was valid.

RULING

Yes. But the SC made it clear the even if the warrant was not valid, it would still prevail
because petitioner did not file a motion to quash regarding this before entering his plea.
In answering the petitioner's issue, the Sc rules that the arrest was valid and it was an
arrest in flagrante delicto.

46. PEOPLE VS. VELASCO 710 SCRA 784

FACTS
Velasco was caught in flagrante delicto as she was handing shabu to a designated
poseur-buyer. Five more decks were found in her pockets.
ISSUES
Whether the decks of shabu are inadmissible as evidence for having been acquired
through a warrantless arrest.
RULING
Yes. Section 5(a) of Rule 113 of the Rules on Criminal Procedure. Appellant was caught
in flagrante delicto thus her denial and defense of frame-up cannot be justified under the
said provision. Moreover, appellant failed to establish that the members of the buy-bust
team are policemen engaged in mulcting or other unscrupulous caprice when they
entrapped her.