No

STO. TOMAS VS SALAC, GR -ND 15204 Jok

Section 9 19f R - A 8042 as o o Geption to the rule ON VeNUE bf Cnmnpl

actions. is consistent with that laws decared pdicy of providing a
Criminal justice System that protects and serves the best interests of
the victing of illegal recruitment

FACTS:

Soueral cases were filled and consolidated questioning the colctitutionliby

oF certain Provisions OF RA 8042 ( Migrant workers and overseas filipinos
Act. of 1999) whose purpose Is to set the Golemments policics ol
overseas empluyment and establishes a higher standaid Cf protection
and promotion of the welfare 0{ migrant wor kets" thew famiies, and
overseas Filipinos in distress.

Sori etal were fecnuiters questioning the valiclity of Sections 29

and 30 of the said ft Praying that the deployment of O{Ws and

other workers aowad he delegulated Sections ag and 30 of the

Act commanded DOLE to begin derequlting win one year of its

passage the business boy handling the recruitmeny and miglation

overseas filipino workers and phase out within five years the real-
latry functions of the PotA.

Regandent PASEI filed a petition foY declaratury relief and

Prohibition with Prayer An issuaiic of TRO and writ Of pre-
Liminarul injunction before the RTC Df manila, seeking to anul
Section (o. 1. and 9 bf RA $042 fu Deing ununnstibutional.

*enlivo
 Issue:
Way Sections 9 of t4 goyd is void and unumstitutinnal

Ruling
Section g B valid and constitutional. there is nothing arbitran
in Congress fixing aM alternative venue for
vidatins of Section le Of 2- A.8042 that differs from the Venle b
estaolished loy the rule on onminal Proceure . Indeed, Section ts
0, Rule 110 0f the latter rules allows ecaptions pwwided lowr

Thus: Sec. I9.

Ploce where action s to be instituted en subren
to existing law,. the Criminal atian shall be instituted and tried

in the court 0{ the municipal tu or

temtn where the Offense
wag committd or where any 04 its essential ingredients occured.

Section 9 of RiA. sola as on exception to the rule 0 Venue of

onminal actions, 19
consistent with that laws ateclared policy bf
justic .y stom that Pw tects and SeNes the

bes interests or the Vichms Megal recruitment

The aw requires that thee be filst a lawful arest befole a Starch

COn be made, the process cannot bc reversed fow ever, if thefe Ae
valia reasons to conduct Mawqul sealoh and Iceiture Which there

apter shows that the accuced IL currently commithng am me.

the acused may he lawtwi_ arrested in flag rante delic withat

Warrant

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 Date

Issue.
Won Sections

Saction g i valid and anstittional there is nothing arbitran

or unumstitutional in Congress fixing an alternative venue for
with
Section le Of 2. A. 8040 that differs from the venle

0, Rule 110 0t the latter rules Allowe Be captions Ewwided lowls.

Thus: Sec . 1s. Place where atinn is to be instituted

to existing law, the criminal action shall be instituted and thed
in the court Of the muniapautu or temtony where the Offense
was committa or where anyo4 its essential ingredients occured.

Section g OF RA. goYa as a exCeption to the nle i Venue of

on minal actions, 19 consistent with that laws Reclared policy Df

stum that Pw tects and sines the

bes interests of the Vichms 04 Megal recruitment

(y hotpon PEOPLE V. LAGUID JR, G.K. ND 128587, MARCH Ile, 2061

The law requires that thee to fifst a lawful arest befofe a Search

cOn be made; the process cannot bc reversed. however, if thee lare

valid reasons to conduct lawful sealch and ceiture which there

s
apter showg that the accused currently wmmithng a

warrant 4 arlest.

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 Date .

that would rtasnadly inite the attention to the police. He

merely walking from the Mana orosa Apartment and was about
to enter the parked Biw cor when the police operatives aries-
ted him fndced and searched his Person and
the compartment 0{ the car, On ch WaS later o found

to be owned by his friend, David Lee. I was not Committing any

visible Offense then. therefole theie can be no Valid Warrant ess
delict. It ic Settled that reliable ifamation
in

the presend and artesting Offi cers, is

withi the New of the

not sufficient to constitute owhable cause that would Justin

awest.

(b aF Section g. Wong was arrested manlion the information

tat was Ahe Camplover 04 Teck and Junio who where previouy
rested and chargea for illegal transport of Sabu . Teck and

Junio did not wen colegoricall identify wang to be their

o4 the chaloy they Were caught with in flagrante

delicho. the circumstances Ob not sufficientw esoiolis the existond

Ot probable COUSt based personal Knowledge as irquited

in pelaglamn (b) ot Section 5.908 15/Ney

PEOPLE VS SAPUA, G.R. 244045, JUNT 16, 2020

DOCTRINE!
In order for the search 4 Vechicles in a checkpoint to be
non - Vidative Ot An individuals right against unreasonavle starches,
the search must be limited to the following b) where the

which is porked on the public fair qunds, (b) where the

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 No.

Date

into a echicko, (c) whone the Dhficer Hashes

a liqit theemn withaut opening the car's dous; d) where
the

or body Starch' (e)

bccupauts ate not subjekd to a physical
19 limited D a Visual
where the inspection ot the vechicks
vicual inspaction , and f) where the moutine checke

FACTS:
Public Sate hy Battalion secickd
informant that an individual wit ve
A follow up
Arancpotting marijuana_

of the arng eouiel and that he will be waiding a passelger jeepney

arrived based ion this iormation, a checkpoint wayn ofqan kd by
the PNP. the Jeepnen and anived at the checkpoint and was flagged
and inside they cow the
down. the polia oftiims Stoppea the eephey
the teet mecace they rear evel. They appib ached said
prison described 10
his .
the person and ashed him 1{
the blue sack in tVout of him was
OTH CYS then requesked the
the Answered Jes. me polik
Due sack . the person hesi taked bout he
person to open the!
eventually complied. the conten of the blue sack was tour bricks
c marinanol the peion was later indentintd as Sap. In

court, Sapl denid Me allegations

did
the boa ided the Jeep, oWe
the the athrilouled to him loy the polile.
Wy the hial Court.
Sapla was

Issue:
Valid Searon for a musling Vechide?
A. was

2. poes the mare

soffile to Weak probable cavle that enables the attimes

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 No.

Date

to tondut an extensive and Antrusve search without a search

RILING:
1. No-Applying tht foregoing 49 the instant cALe, it connot be Senously
arspied tat thw target DE the seardh Cond uded was not The
pas engen Jeepney warded w atused- appelant Sapla Nor the
contents v the said lechidla the tamel of the
cearch was the person who matched the decon otion

the perion who caled the RED Hotline, c, the peson nearing a
collared white

a. No the cases adhening to the dochint that Reclusive reliance

mwentied, annumous itip cannot engender probable cause

hat permits a warranties a moving Vechicle the
Staion b.

apes beyond a visual search which Mclude botn long: erstanding

and the most yeem juricerudente
Should be the prevaling and
contran the
and perlous precedem
rule would
where in, on The Gheer basis of an unverified information paused.
authonities an given the w
An undertake eyensive and highly inhrucive seatches,
of ony everl cicunstona that engenders

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 No.

Date

PEOPLESNS DE LUNA, 174 SONIA 204

accused admits me guill,

and
Knowledge of the conse quences
preely, voluntanly, and with allifull
his act and with a char understanding of the
precise

nat ure 64 the orine Chaiged in the complaint

De wha was Chaiged wohn the

with
assisted boy his couisel tolta aroigned extered a Plea of quitty
that he
that indeed the caccused plead quithy, but always soid
had ho intertion th do so he was Arvnel when asad if there
he said no
to knOW) tal
the accepts his fault, but he wans the court

has No

assails the coniction foy the crime iot

AD Kill the vichm.
he said that he did n interd
murder, Sinle

1. Whether for not the direndem -appelans entered a Valid plea

oxfense as chaiged in the information, and

a. Assuming
valid plea of guilty, wheathe
precen tation Endence for the
the accued may waive the Of

prosecution.

RULING
the escnl ot a plea 4 quilty Is that the accused admity
his quill, Areely. with a full knowledge of the
and meaning of his act And
with a clear undes-
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 Date :

taning of the picase natuit lof the onie charged iA the comp-
lant or infonation, while is twe that a plea Of quitty
all the allegations in the informatiol including the aggravating
and
qualitying cucumstanies, the "treated and emphottic Quali-
fication stated by the defendalt appelant as leads his plea
D; guilty should have drawn the attention to the ial couv-
that the plea was made Full kiDwedge of it wnse
quentes. apparently, Counsel tailed to advise him as 40 the meaning
and effec 0{ the technical language uea in the
information Qualifying
the ack constituting the bifense.

To order to tve Valia the plea must lor An Unlonditional admi ssion
by quilts it must toe of suon natuid as to toreelose the defendants
right to degend hinsele frow said chouge thus Maving the couvt
AD alturnahiue be to impole the penathy fixed wylaw.

the Circumstances of Ahis case. the aypelant's qualified plea

be guity is not a valia Nea of guilhy. Aws, this court has med
accused may not enter a conditivial plea of guilty
in the sense that he admits his guit, provided that a artain penaity
such Caes. the ifornation should first
he amended b modifiea with the consent bf the filtal if the facts
So warrant hor the Laccued imust be Considered as having entered

plea tr not quilty:

*enlivo
 SAL CEDO VS LWAG G.R-ND-L-Z1OLB, NOVEMIER 41, 1993 1

Once a Public prasecutby

case and has acted theieon by filling the nas-
gon information i court heisly the law Aluty bound to ble
the under the law
since
he assume full responciolby for his gailure or SUcCESS

he has the one mote adequately prepared to pursue it to

its termination. he camnot be velieved therefrom except for
O ground trat may Cansihute a legal disquaitiatiol

PACTS
Petitioner, as and Assistanti Provencial fiscal of Sulr
tnestigatel an incidelt indving Sat. Andies A. Loper Df
the philippine ConSTAbuIoN

The Fiust time the coves were called of tial the Justice of
the proce cout. over the dojection of petitioner, qaitd as

hod desired, coltravd

moiy postponem ents as the accused
to ou rules OF

Accused Reata requested chief Prosecutor Agp pito CoNCAU

that petitione be replated by another fiscal Cons1 dennq the
he has taken in the piose-
Cer enthuciasm and wusval interest

cution Df the case agains hin. hueding to the request, Chief

Prosecutor Concha inshucted him to take oer the cases handled

loy petitioner. Fiscal cos coluela tried to comply with the instu-
tion but tailed so he wired Chiet Prosecutor Conchu infor
ming him that petitioner refused to field the Prosecutor of the
cales until he Is legalli disqualified boy the Court.
Petitioner feceved Mother telegram troM secretary liwag
again instructing him to tum oer the cases to fiscal

Atta the accused had secured numerous postponements

or the hial which petitione Considers unwarranted because

the PiDs cou tion was at times prepared and ready to

all

preen its widence petitioner was requifed by fiscal pou-

lete to tunn over the cases once move to Fiscal los colluela
in orde that the dottrimay hadle the same, but he dec
Uned the sequest and insisted on his right to prosecut the

This went on toack and Poth for several times o isd

Issue

Won the disqualification a the public piosecutor was proper

RILING:

Once

investigation Of case and nas acted thereon ly tilling the

court he is boy law in duty bound
to take change theeof lihl its final termination, for under
the low he Oss umey ful Responsibility for his failur for
or Success since he is the tie more adequatl! prepared
Is more So when the
to pursue il to its termination the
attem pl to
with Sound administration of Jushce Appricity
this S the case trlaining herein
 AP RIL 1o, 1959

A Judgment in a enminal cate become final After the

expiration of the penod for appeal Of when the sentence
has bren partialy or totally servedl, or the defendankt has
ypresly waived in waiting his right to appea. i ARIG
con-
In the case at bar, that the apeai duitany
menced Ao gEne his prison Sentence oN the same day that
meted out to him in
said day that said) sentence was
open Court. the judgement has already become Final

Florentino Mantil wos decused of acks of Lescinicuness -when

the ease was caled tor aougnment before the court of firs}
Instonnce be la union, the defendant appeared without Counse
and the court appointed Atl Ranon R. Villalon Jr. as his Counsel

the latters petition that arraignment

in order Ad enalole him to confer with nis
be postpoted
set for December 10. lost.

On that day, the defendant app eaved without his counsel

court asked him where his Counsel was
and mamabik aiswued that dawyer was no longer necs
San beause he woud enter a flea of guilty. there upen.
he was magne and he

Ather wonsel had filed mem dandum to support his notion

reconsideration oN the ground that the decision tendena
December 10, 1951,. had alread
 th a used ka S arted 6 Sne his ertente he Oue

dou)

1 E
the ▇ ▇ ▇_psa Snka
som day_ beingeleased by the Courl mode
the jidlgnen ira
RUAL IN6:

Auordingł Secton tBle tovrt,a judoement in a

onmuncase be es Rinal fle i ratot the
peciod opeal when the eokn ehas bees _ portall
or ołolt Sied or Hhe de endonł hos eressl wouied in
wi hing his nig t oppeal. the eord v ouk toł opelanł
olutłan o miened t0 es his bi sa sentenle the som
deyHatSaid Sekas nekd out to hin peA tord
nMhagysasculisł him wa simple“ac f lascv oksle -
Hliał e was Oty Hereotheneean e nD queh cQule
Hr having the keetk l ow n e l d e ▇ he voluatanl
enksed a lto gv Evka his toh ol fa ecouidet phiot
dlce ołap s hohis