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Philippine Supreme Court Jurisprudence > Year 2016 > July 2016 Decisions > G.R. No. 213598, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCELITA1 ARENAS Y BONZO @ MERLY, Accused-Appellants.:




G.R. No. 213598, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCELITA1 ARENAS Y BONZO @ MERLY, Accused-Appellants.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 213598, July 27, 2016

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCELITA1 ARENAS Y BONZO @ MERLY, Accused-Appellants.

D E C I S I O N

PERALTA, J.:

This is an appeal from the Decision2 dated January 22, 2014 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05533, which affirmed in toto the Decision dated April 16, 2012 of the Regional Trial Court (RTC) of Lingayen Pangasinan, Branch 38, in Criminal Case No. L-8966. The RTC found appellant guilty beyond reasonable doubt of violating Sections 5 and 11 of Article II of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002.

In an Information3 dated August 9, 2010, the appellant was charged as follows:ChanRoblesVirtualawlibrary

That on or about August 6, 2010 in the evening, in Brgy. Poblacion, Sual, Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully and unlawfully sell two (2) heat-sealed plastic sachets of Metamphetamine (sic) Hydrochoride (Shabu), a prohibited drug, in exchange for P2,000.00 marked money to PO3 Benedict Julius B. Rimando, acting as poseur-buyer, and was likewise in possession, with intent to sell, one (1) heat-sealed plastic sachet of methamphetamine Hydrochoride (Shabu) without lawful authority to possess and sell the same.

Contrary to Art. II, Section 5 of RA 9165.4chanroblesvirtuallawlibrary
Upon her arraignment5 on August 25, 2010, she pleaded not guilty to the crimes charged. Pre-trial and trial thereafter ensued.

The prosecution presented the testimonies of PO3 Benedict Julius B. Rimando (PO3 Rimando), PO2 Alex Aficial, Jr. (PO2 Aficial), Police Senior Inspector Myrna Malojo (PSI Malojo), PO2 Catherine Viray (PO2 Viray), Barangay Kagawad Dioniso S. Gulen, Police Inspector Ma. Theresa Amor Manuel, and Police Senior Inspector Leo S. Llamas (PSI Llamas).

The prosecution evidence established that sometime in July 2010, the Chief of Police (COP) of the Sual Police Station, Sual, Pangasinan, PSI Llamas, started conducting a surveillance on the alleged illegal drug-selling activities of appellant. At 6:00 p.m. of August 6, 2010, he called on PO3 Rimando, PO2 Aficial, SPO2 Gulen, PO1 Viray and SPO1 Editha Castro to an emergency conference and instructed them to conduct a buy-bust operation on appellant who agreed to deliver the items in front of Las Brisas Subdivision, along the National Highway in Poblacion Sual, Pangasinan. During the briefing, the appellant was described as a woman of about 4 to 5 feet tall and between 45 to 50 years old. PO3 Rimando was designated as the poseur-buyer and was given two (2) P1000 bills to be used for the operation, which were photocopied and entered into the police blotter. PO2 Aficial had earlier coordinated with the PDEA of the intended buy bust.6chanrobleslaw

At 6:30 p.m., the team walked to the area which was about 150 meters away from their station. PO3 Rimando and PO2 Aficial stood at the side of the highway beside the subdivision as earlier instructed by PSI Llamas while the other team members were positioned strategically. After 5 minutes of waiting, appellant came near PO3 Rimando who told the former in Ilocano dialect that he was instructed to pick up the items and asked the appellant whether she had the items to which the latter answered in the affirmative. PO3 Rimando then handed appellant the two marked P1000.00 bills and the latter gave him the two (2) small plastic sachets containing white crystalline substance. PO3 Rimando signaled PO2 Aficial, who was two meters away from him, to come over and they introduced themselves as police officers. PO3 Rimando conducted a routine body search on appellant and he was able to recover from her the marked money and another small plastic sachet she was holding in her left hand.7chanrobleslaw

Appellant was brought to the Sual Police Station where PO3 Rimando marked the two plastic sachets subject of the buy-bust with "BJB-1" and "BJB-2," and the one plastic sachet recovered from appellant with "BJB-3," He prepared and signed the confiscation receipt of the seized items in the presence of a barangay kagawad, a Department of Justice (DOJ) Prosecutor, and an ABS-CBN reporter, who all affixed their signatures in the Confiscation Receipt, as well as the appellant.8 PO2 Viray took pictures of the seized items, marked money as well as the signing of the receipt inside the police station.9 PO3 Rimando brought the seized items as well as the Request for Laboratory Examination10 prepared by PSI Llamas to the PNP Crime Laboratory in Lingayen, Pangasinan.

PSI Myrna Malojo, a forensic chemist, personally received from PO3 Rimando the letter request and the seized items.11 The laboratory results showed a positive result for methamphetamine hydrochloride or shabu, and having a weight of 0.08 grams, 0.07 grams and 0.05 grams, respectively, which findings were contained in PSI Malojo's initial12 and confirmatory13 reports. PSI Malojo sealed the seized items and placed her own markings thereon and turned them to the evidence custodian.14 She identified in court the items she examined as the same items she received from PO3 Rimando15 and the latter also identified the subject items as the same items he recovered from the appellant during the buy-bust operation.16chanrobleslaw

Appellant denied the charges alleging that at 7:00 to 8:00 a.m. of August 6, 2010, she was with a certain Mina grilling barbecue at a video bar in front of Jamaica Sual Subdivision; that after a while, Mina's boyfriend, PSI Llamas, arrived and talked with Mina. When PSI Llamas left, Mina asked her to deliver a letter to a certain Renee who owed her money. Mina called on a tricycle driver who would bring her to Renee. When she met Renee, she handed her the letter from Mina and Renee gave her a sealed envelope. Upon her return to the bar, she gave the envelope to Mina who was drinking beer with PSI Llamas. She then asked permission to go home as she would still cook dinner but Mina told her to grill more barbecues. As she insisted in going home, PSI Llamas placed his right arm around her neck and called someone on his cellphone. She tried to remove PSI Llamas' arm around her neck when a police car arrived and brought her to the police station where she was forced to say something about the shabu which she had no knowledge of and she was later detained.17chanrobleslaw

In rebuttal, PSI Llamas denied knowing Mina and going to the videoke bar on August 6, 2010; that he only met the appellant at the police station and was not the one who arrested her.18 In her sur-rebuttal, appellant claimed that she had known PSI Llamas for about 3 weeks prior to her arrest and insisted that he was the one who arrested her.

On April 16, 2012, the RTC rendered a Decision19 finding appellant guilty of the charged offenses, the dispositive portion of which reads:ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, and the prosecution having established to a moral certainty the guilt of accused MERCILITA ARENAS y BONZO @ "Merly," this Court hereby renders judgment as follows:

chanRoblesvirtualLawlibrary1. For violation of Section 5, Art. II of RA 9165, this Court hereby sentences said accused to LIFE IMPRISONMENT, and to pay [a] fine of Five Hundred Thousand Pesos (P500,000.00);

2. For violation of Section 11, Art. II of the same Act, this Court hereby sentences said Accused to a prison term of Twelve (12) Years and One (1) Day to Twenty (20) Years, and to pay a fine of Three Hundred Thousand Pesos (P300,000.00).

SO ORDERED.20chanroblesvirtuallawlibrary
The RTC found that PO3 Rimando, who acted as the poseur-buyer during the buy-bust operation, positively identified appellant as the one who sold and handed him the two plastic sachets of shabu in the amount of P2,000.00 and the same person who received the marked money from him. It was also proven that during appellant's arrest, PO3 Rimando recovered one more plastic sachet of shabu in her possession, and he marked the three plastic sachets with his initials; and that every link in the chain of custody of the confiscated plastic sachets was also established. The RTC found that PO3 Rimando testified in a frank, spontaneous and straightforward manner and his credibility was not crumpled on cross examination, and it rejected appellant's defenses of denial and frame up.

The CA affirmed the RTC decision. The fallo of its Decision reads:ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the instant appeal is DISMISSED. The decision of the Regional Trial Court of Lingayen, Pangasinan, Branch 38 dated 16 April 2012 is AFFIRMED.21chanroblesvirtuallawlibrary
Hence, this appeal filed by appellant. Both appellant and the Solicitor General manifested that they are adopting their Briefs filed with the CA.

Appellant is now before us with the same issues raised before the CA, i.e., that the RTC gravely erred: (1) in giving weight and credence to the conflicting testimonies of the prosecution witnesses; (2) in holding that there was a legitimate buy-bust operation; (3) in convicting appellant of the crimes charged despite the failure to prove the elements of the alleged sale of shabu and the chain of custody and the integrity of the allegedly seized items; and (4) in convicting appellant under an Information which charges two offenses in violation of Section 13, Rule 110 of the Rules of Court.

We find no merit in the appeal.

For the prosecution of illegal sale of drugs to prosper, the following elements must be proved: (1) the identities of the buyer and the seller, the object of the sale, and the consideration; and (2) the delivery of the thing sold and the payment for the thing. What is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence.22 We find all the elements necessary for appellant's conviction for illegal sale of shabu clearly established in this case.

PO3 Rimando, the poseur-buyer, positively identified appellant as the person whom he caught in flagrante delicto selling white crystalline substance presumed to be shabu in the buy-bust operation conducted by their police team; that upon appellant's receipt of the P2,000.00 buy-bust money from PO3 Rimando, she handed to him the two sachets of white crystalline substance which when tested yielded positive results for shabu. Appellant's delivery of the shabu to PO3 Rimando and her receipt of the marked money successfully consummated the buy-bust transaction. The seized shabu and the marked money were presented as evidence before the trial court.

Appellant's reliance on the case of People v. Ong23 wherein the Court acquitted the appellants of the charge of illegal sale of shabu for failure of the prosecution to prove all the elements of the crime charged is misplaced. The Court found therein that the testimony of SPO1 Gonzales, who acted as the poseur-buyer, showed that he was not privy to the sale transaction which transpired between the confidential informant, who did not testify, and the appellant.

Here, while it appeared that it was PSI Llamas who initially dealt with appellant regarding the sale of shabu, it also appeared that PSI Llamas had designated PO3 Rimando as his representative in the sale transaction with appellant. Notably, PO3 Rimando was instructed by PSI Llamas to wait at the specified area where appellant would be the first to approach him for the sale of shabu,24 which established the fact that appellant was already informed beforehand as to the person she was to deal with regarding the sale of shabu. Indeed, appellant approached PO3 Rimando who was waiting at the designated area and upon receipt from him of the payment of P2000.00, the former handed to the latter the two sachets of shabu. The identity of appellant as the seller, as well as the object and consideration for the sale transaction, had been proved by the testimony of PO3 Rimando, the buyer.

We also find appellant guilty of illegal possession of shabu. The essential requisites to establish illegal possession of dangerous drugs are: (1) the accused was in possession of the dangerous drug, (2) such possession is not authorized by law, and (3) the accused freely and consciously possessed the dangerous drug.25cralawred What must be proved beyond reasonable doubt is the fact of possession of the prohibited drug itself. This may be done by presenting the police officer who actually recovered the prohibited drugs as a witness, being the person who has the direct knowledge of the possession.26chanrobleslaw

In the instant case, PO3 Rimando, the person who had direct knowledge of the seizure and confiscation of the shabu from the appellant, testified that he was also able to recover another plastic sachet of shabu which appellant was holding with her left hand, which testimony was corroborated by PO2 Aficial.27 As it was proved that appellant had freely and consciously possessed one (1) plastic sachet of shabu without authority to do so, she can be found guilty of illegal possession of shabu.

The RTC and the CA correctly found that the prosecution was able to establish the chain of custody of the seized shabu from the time they were recovered from appellant up to the time they were presented in court. Section 1(b) of Dangerous Drugs Board Regulation No. 1, Series of 2002,28 which implements the Comprehensive Dangerous Drugs Act of 2002, defines chain of custody as follows:ChanRoblesVirtualawlibrary
Chain of Custody means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence, and the final disposition.
It was established that after PO3 Rimando seized the three plastic sachets containing white crystalline substance from appellant, he was in possession of the same from confiscation up to the police station.29 He marked the three plastic sachets at the police station, which was only 150 meters away from the scene,30 with "BJB-1", "BJB-2" and "BJB-3."31 He prepared the confiscation receipt in the presence of a barangay kagawad, a DOJ Prosecutor and an ABS-CBN Reporter, who all affixed their signatures therein, the appellant, PO1 Viray and PO2 Aficial.32 PO1 Viray then took photographs of the seized items, the preparation and signing of the confiscation receipt. PO3 Rimando then brought the request for laboratory examination prepared by PSI Llamas of the seized items and personally brought the same to the PNP Crime Laboratory for examination.33chanrobleslaw

PSI Malojo, the forensic chemist, personally received the said request and the three small heat-sealed plastic sachets containing white crystalline substance with markings from PO3 Rimando.34 After examining the items, PSI Malojo found them to be positive for the presence of methamphetamine hydrochloride, also known as shabu, which findings were embodied in her Initial Laboratory Report and eventually, in her Final Chemistry Report. After her examination, PSI Malojo sealed the seized items and placed her own markings thereon, and turned them over to the evidence custodian for safekeeping.35 During her testimony in court, PSI Malojo identified the items she examined as the same items she received from PO3 Rimando. PO3 Rimando also identified in court the subject items as the same items he recovered from the possession of appellant during the buy-bust operation.36chanrobleslaw

We likewise agree with the CA that the alleged inconsistencies in the testimonies of the prosecution witnesses refer to minor details which did not relate to the crimes charged. The inconsistencies have been sufficiently explained during trial by the witnesses themselves. We quote with approval what the CA said:ChanRoblesVirtualawlibrary
The alleged inconsistencies in the composition of the buy-bust team, in the identity and/or description of accused-appellant, and in the markings on the seized items are collateral matters and not essential elements of the crimes charged. Moreover, a scrutiny of these purported inconsistencies would show that the same are not conflicting at all.

Although PO2 Viray testified that she was at the office at the time PO3 Rimando and PO2 Aficial were conducting the buy-bust operation, it does not necessarily mean that she was not part of the buy-bust team. PO2 Viray testified that before the conduct of the buy-bust operation, she was designated by PO3 Rimando to be the official photographer. She was told to take photographs after the subject operation, a task that she performed when accused-appellant was brought to the police station. This explains why PO3 Rimando included her in his testimony as one of the members of the buy-bust team.

Similarly the testimony of PO2 Aficial that he was with PO3 Rimando during the buy-bust operation is not conflicting with PO3 Rimando's enumeration of the member of the buy-bust team. PO2 Aficial was asked who was with [him] during the buy-bust operation and he merely answered the question of the counsel for the defense. PO2 Aficial was not asked who were the other members of the buy-bust team. His answer was consistent with PO3 Rimando's statement that when the latter gave the pre­arranged signal, he approached PO3 Rimando and they introduced themselves to accused-appellant as police officers.

x x x x

As regards the source of the information on the description of accused-appellant which enabled the poseur-buyer to identify her, the same is a trivial matter. Whether the information came from PSI Llamas or a confidential informant, the fact remains that a crime was committed by accused-appellant in the presence of the police officers who were members of the buy-bust team and who had the duty to immediately arrest her after the consummation of the transaction. The fact also remains that the description about the seller matched accused-appellant. x x x

As to the alleged discrepancies in the markings of the seized items, the same are clearly typographical errors. The transcript of PSI Malojo's testimony showed that she identified the markings on the seized plastic sachets as "BJB-1", "NJN-2" and "BJB-3." However, the follow-up question of the prosecutor clarified that she was actually referring to "BJB-1", "BJB-2" and "BJB-3", to wit:ChanRoblesVirtualawlibrary
Q. I am showing you then Madam Witness three (3) plastic sachet (sic) will you go over the contain (sic) to the one you are testifying "BJB-1" to "BJB-3" (sic)?
A. Yes, sir.
The universal practice is that exhibits or evidence are marked chronologically. It is highly unlikely that the second sachet would be marked "NJN-2" when the first one was marked "BJB-1" and the third one was marked "BJB-3". Notably, both Confiscation Receipt and Request for Laboratory Examination showed that the seized items were marked "BJB-1", "BJB-2" and "BJB-3" consistent with the testimony of PO3 Rimando. It should also be noted that in the computer keyboard, the letters "B" and "N" are beside each other. Hence, the only logical conclusion for the purported discrepancy is that the stenographer inadvertently pressed the letter "N" instead of the letter "B."37chanroblesvirtuallawlibrary
Anent the matter of the confiscation receipt bearing the date August 5, 2010 when the buy-bust happened on August 6, 2010, PO3 Rimando explained that he committed an error in placing the date August 5 which should be August 6.38 Moreover, it was established by the testimony of Kagawad Gulen that on August 6, 2010, he was called to witness the ii£ms confiscated from appellant and was asked to sit beside PO3 Rimando while the latter was preparing the confiscation receipt.39 Gulen even identified in court the confiscation receipt where his signature appeared.40chanrobleslaw

Appellant's contention that the RTC erred in convicting him under an Information that charged two offenses is not persuasive. Although the Information in this case charged two offenses which is a violation of Section 13, Rule 110 of the Revised Rules of Criminal Procedure, which provides that "[a] complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses," nonetheless, Section 3, Rule 120 of the Revised Rules of Criminal Procedure also states that "[w]hen two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict the appellant of as many as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense."41chanrobleslaw

Appellant's failure to raise that more than one offense was charged in the Information in a motion to quash42 before she pleaded to the same is deemed a waiver.43 As appellant failed to file a motion to quash the Information, she can be convicted of the crimes charged in the Information if proven.

We also find no merit in appellant's claim that she cannot be convicted of illegal possession of illegal drugs as its possession is absorbed in the charge of illegal sale.

In People v. Lacerna,44 We held:ChanRoblesVirtualawlibrary
The prevailing doctrine is that possession of marijuana is absorbed in the sale thereof, except where the seller is further apprehended in possession of another quantity of the prohibited drugs not covered by or included in the sale and which are probably intended for some future dealings or use by the seller.
Here, it was established that PO3 Rimando was able to recover from appellant's possession another plastic sachet of shabu which was not the subject of the illegal sale; thus, she could be separately charged with illegal possession for the same.

We find that the RTC correctly imposed on appellant the penalty of life imprisonment and a fine of P500,000.0045 for the crime of illegal sale of dangerous drugs.

As to the crime of illegal possession, Section 11, Article II of Republic Act No. 9165 provides:ChanRoblesVirtualawlibrary
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:ChanRoblesVirtualawlibrary
x x x x

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

chanRoblesvirtualLawlibrary(1) ...

(2) ... and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu," or other dangerous drugs such as, but not limited to, MDMA or "ecstasy," PMA, TMA, LSD, GHB, and those similarly designed or newly-introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.
Clear from the foregoing, the quantity of the dangerous drugs is determinative of the penalty to be imposed for the crime of illegal possession of dangerous drugs. We note, however, that the quantity of shabu found to be in appellant's possession was not indicated in the Information which is important as the law provides for the graduation of penalties. We cannot just rely on the quantity established by the prosecution, which the RTC did in imposing the penalty, without violating appellant's right to be informed of the accusation against her. The RTC imposed the minimum penalty provided by law since the quantity recovered from appellant's possession was less than 5 grams of shabu; however, it could have been different if the quantity recovered from appellant was more than 5 grams where the penalty imposable is imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), or even the maximum penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), because in this case, the Court could not impose the penalty provided by law in view of the non-allegation of the true quantity in the information.

By analogy, in theft cases,46 where the penalty is graduated according to the value of the thing stolen, we ruled that when the prosecution failed to establish the amount of property taken by an independent and reliable estimate, we may fix the value of the property taken based on attendant circumstances or impose the minimum penalty. Since it was proved that appellant was in possession of shabu but the quantity was not specified in the Information, the corresponding penalty to be imposed on her should be the minimum penalty corresponding to illegal possession of less than five grams of methamphetamine hydrochloride or shabu which is penalized with imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three Hundred Thousand Pesos (P300,000.00) to Four Hundred Thousand Pesos (P400,000.00).47chanrobleslaw

Applying the Indeterminate Sentence Law, the minimum period of the imposable penalty shall not fall below the minimum period set by the law; the maximum period shall not exceed the maximum period allowed under the law; hence, the imposable penalty should be within the range of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months.

One final note. Public prosecutors are reminded to carefully prepare the criminal complaint and Information in accordance with the law so as not to adversely affect the dispensation of justice.

WHEREFORE, premises considered, the appeal is DISMISSED. The Decision dated January 22, 2014 of the Court of Appeals in CA-G.R. CR-H.C. No. 05533 is AFFIRMED with MODIFICATION only insofar as to the penalty imposable for the crime of illegal possession so that appellant is sentenced to suffer the indeterminate sentence of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months.

SO ORDERED.chanRoblesvirtualLawlibrary

Velasco, Jr., (Chairperson), Del Castillo,*Perez, and Reyes, JJ., concur.

Endnotes:


1 Spelled as "Mercilita" in the records of the trial court.

* Designated Additional Member in lieu of Associate Justice Francis H. Jardeleza, per Raffle dated September 8, 2014.

2 Penned by Associate Justice Mariflor P. Punzalan Castillo, with Associate Justices Amy C. Lazaro-Javier and Pedro B. Corales, concurring; rollo, pp. 3-16.

3 Records, p. 1.

4Id.

5Id. at 27.

6 TSN, October 26, 2010, pp. 3-5.

7Id. at 6-8.

8Id. at 9-13.

9 TSN, August 23, 2011, pp. 2-3.

10 Exhibit "E," records, p. 10.

11 TSN, February 7, 2011, pp. 3-9.

12 Exhibit "F," records, p. 11.

13 Exhibit "H," id. at 54.

14 TSN, February 7, 2011, p. 8.

15Id.

16 TSN, July 18, 2011, p. 6.

17 TSN, January 31, 2012, pp. 3-9.

18 TSN, February 20, 2012, pp. 5-9.

19 Per Judge Teodoro C. Fernandez, CA rollo, pp. 44-53.

20Id. at 52-53.

21Rollo, p. 16.

22People v. Bautista, 682 Phil. 487, 498 (2012), citing People v. Naquita, 582 Phil. 422, 442-443 (2008); People v. Del Monte, 575 Phil. 579, 587 (2008); People v. Santiago, 564 Phil. 181, 193 (2007).

23 476 Phil. 513 (2004).

24 TSN, October 26, 2010, pp. 3-8.

25cralawred Miclat, Jr. v. People, 672 Phil. 191, 209 (2011).

26People v. Belocura, 693 Phil. 476, 490 (2012).

27 TSN, October 26, 2010, p. 8 .

28 Guidelines of the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals and Laboratory Equipment.

29 TSN, October 26, 2010, p. 9; TSN, June 13, 2011, p. 4; TSN, September 19, 2011, p. 9.

30 TSN, October 26, 2010, p. 6.

31Id. at 9.

32Id. at 10-13.

33 TSN, June 13, 2011, p. 9.

34 TSN, February 7, 2011, pp. 4-5.

35Id. at. 8.

36 TSN, June 13, 2011, pp. 2-3.

37Rollo, pp. 8-10.

38 TSN, June 13, 2011, p. 8.

39 TSN, September 19, 2011, pp. 19-20.

40Id. at 21.

41People v. Chingh, 611 Phil. 208, 220 (2011).

42 Section 3, Rule 117, Revised Rules on Criminal Procedure provides:

chanRoblesvirtualLawlibrarySection 3. Grounds. — The accused may move to quash the complaint or information on any of the following grounds:ChanRoblesVirtualawlibrary
(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense charged;

(c) That the court trying the case has no jurisdiction over the person of the accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal excuse or justification; and cralawlawlibrary

(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
43 Section 9, Rule 117, Revised Rules on Criminal Procedure provides:

chanRoblesvirtualLawlibrarySection 9. Failure to move to quash or to allege any ground therefor. — The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule.

44 344 Phil. 100, 120 (1997).

45 Section 5, Article II of Republic Act. No. 9165 provides:

chanRoblesvirtualLawlibraryArticle II, Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

46People v. Anabe, 644 Phil. 261, 286 (2010); Viray v. People, 720 Phil. 841, 854 (2013).

47 Section 11, Article II, RA No. 9165 provides:

chanRoblesvirtualLawlibrarySection 11. Possession of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

chanRoblesvirtualLawlibraryx x x x

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

chanRoblesvirtualLawlibraryx x x x.
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy," PMA, TMA, LSD, GHB, and those similarly designed or newly-introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.



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July-2016 Jurisprudence                 

  • G.R. No. 210878, July 07, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONALYN ABENES Y PASCUA, Accused-Appellant.

  • G.R. No. 202015, July 13, 2016 - ANTONIO VALEROSO AND ALLAN LEGATONA, Petitioners, v. SKYCABLE CORPORATION, Respondent.

  • G.R. No. 204620, July 11, 2016 - ROWENA A. SANTOS, Petitioner, v. INTEGRATED PHARMACEUTICAL, INC. AND KATHERYN TANTIANSU, Respondents.

  • G.R. No. 204750, July 11, 2016 - SUSAN D. CAPILI, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 205753, July 04, 2016 - ROSA PAMARAN, SUBSTITUTED BY HER HEIRS, THROUGH THEIR REPRESENTATIVE, ROSEMARY P. BERNABE, Petitioners, v. BANK OF COMMERCE, Respondent.

  • G.R. No. 200042, July 07, 2016 - FELIZARDO T. GUNTALILIB, Petitioner, v. AURELIO Y. DELA CRUZ AND SALOME V. DELA CRUZ, Respondents.

  • G.R. No. 220598, July 19, 2016 - GLORIA MACAPAGAL-ARROYO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND THE SANDIGANBAYAN (FIRST DIVISION), Respondents.; G.R. No. 220953 - BENIGNO B. AGUAS, Petitioner, v. SANDIGANBAYAN (FIRST DIVISION), Respondent.

  • G.R. No. 205951, July 04, 2016 - UNION BANK OF THE PHILIPPINES, Petitioner, v. PHILIPPINE RABBIT BUS LINES, INC., Respondent.

  • G.R. No. 213660, July 05, 2016 - DR. WENIFREDO T. OÑATE, Petitioner, v. COMMISSION ON AUDIT, Respondent.

  • A.M. No. P-14-3213 [Formerly A.M. No. 12-5-91-RTC], July 12, 2016 - ACCREDITED LOCAL PUBLISHERS: THE WEEKLY ILOCANDIA INQUIRER, THE NORLUZONIAN COURIER, THE AMIANAN TRIBUNE, THE WEEKLY CITY BULLETIN, THE NORTHERN STAR, THE WEEKLY BANAT, THE NORTH LUZON HEADLINE, THE REGIONAL DIARYO, AND HIGH PLAINS JOURNAL ILOCANDIA, Complainants, v. SAMUEL L. DEL ROSARIO, CLERK III, REGIONAL TRIAL COURT, BRANCH 33, BAUANG, LA UNION, Respondent.

  • G.R. No. 193584, July 12, 2016 - HAMBRE J. MOHAMMAD, Petitioner, v. GRACE BELGADO-SAQUETON, IN HER CAPACITY AS DIRECTOR IV, CIVIL SERVICE COMMISSION, REGIONAL OFFICE NO. XVI, Respondent.

  • G.R. No. 212206, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GABBY CONCEPCION Y NIMENDA AND TOTO MORALES, Accused-Appellants.

  • G.R. No. 213847, July 12, 2016 - JUAN PONCE ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES., Respondents.

  • G.R. No. 213568, July 05, 2016 - ALICIA P. LOGARTA, Petitioner, v. CATALINO M. MANGAHIS, Respondent.

  • G.R. No. 209264, July 05, 2016 - DAMASO T. AMBRAY AND CEFERINO T. AMBRAY, JR., Petitioners, v. SYLVIA A. TSOUROUS, CARMENCITA AMBRAY-LAUREL, HEDY AMBRAY-AZORES, VIVIEN AMBRAY-YATCO, NANCY AMBRAY-ESCUDERO, MARISTELA AMBRAY-ILAGAN, ELIZABETH AMBRAY-SORIANO, MA. LUISA FE AMBRAY-ARCILLA, AND CRISTINA AMBRAY-LABIT, Respondents.

  • G.R. No. 208353, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STEVE SIATON Y BATE, Accused-Appellant.

  • G.R. No. 212337, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BELTRAN FUENTES, JR. Accused-Appellant.

  • G.R. No. 220978, July 05, 2016 - CENTURY PROPERTIES, INC., Petitioner, v. EDWIN J. BABIANO AND EMMA B. CONCEPCION, Respondents.

  • G.R. No. 203179, July 04, 2016 - TECHNO DEVELOPMENT & CHEMICAL CORPORATION, Petitioner, v. VIKING METAL INDUSTRIES, INCORPORATED, Respondent.

  • G.R. No. 205728, July 05, 2016 - THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP VICENTE M. NAVARRA AND THE BISHOP HIMSELF IN HIS PERSONAL CAPACITY, Petitioners, v. COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD CITY, ATTY. MAVIL V. MAJARUCON., Respondents.

  • G.R. No. 204693, July 13, 2016 - GUAGUA NATIONAL COLLEGES, Petitioner, v. GUAGUA NATIONAL COLLEGES FACULTY LABOR UNION AND GUAGUA NATIONAL COLLEGES NON-TEACHING AND MAINTENANCE LABOR UNION, Respondents.

  • G.R. No. 213279, July 11, 2016 - C.F. SHARP CREW MANAGEMENT, INC., BLUE OCEAN SHIP MANAGEMENT, LTD., AND/OR WILLIAM S. MALALUAN, Petitioners, v. WILLIAM C. ALIVIO, Respondent.

  • A.M. No. MTJ-16-1869, July 27, 2016 - MARIE CHRISTINE D. BANCIL, Complainant, v. HONORABLE RONALDO B. REYES, PRESIDING JUDGE OF METROPOLITAN TRIAL COURT OF SAN JUAN CITY, BRANCH 58, Respondent.

  • G.R. No. 220449, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RUSGIE GARRUCHO Y SERRANO, Appellant.

  • A.C. No. 10631, July 27, 2016 - ERNESTO B. BALBURIAS, Complainant, v. ATTY. AMOR MIA J. FRANCISCO, Respondent.

  • G.R. No. 208264, July 27, 2016 - OFFICE OF THE OMBUDSMAN, Petitioner, v. RICO C. MANALASTAS, Respondent.

  • G.R. No. 206649, July 20, 2016 - FOREST HELLS GOLF AND COUNTRY CLUB, INC., REPRESENTED BY RAINIER L. MADRID, IN A DERIVATIVE CAPACITY AS SHAREHOLDER AND CLUB MEMBER, Petitioner, v. FIL-ESTATE PROPERTIES, INC., AND FIL-ESTATE GOLF DEVELOPMENT, INC., Respondents.

  • G.R. No. 203657, July 11, 2016 - AILEEN ANGELA S. ALFORNON, Petitioner, v. RODULFO DELOS SANTOS AND EDSEL A. GALEOS, Respondents.

  • G.R. No. 206690, July 11, 2016 - BARRIO FIESTA RESTAURANT, LIBERTY ILAGAN, SUNSHINE ONGPAUCO-IKEDA AND MARICO CRISTOBAL, Petitioners, v. HELEN C. BERONIA, Respondent.

  • G.R. No. 189878, July 11, 2016 - WILSON FENIX, REZ CORTEZ AND ANGELITO SANTIAGO, Petitioners, v. THE HONORABLE COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 181375, July 13, 2016 - PHIL-NIPPON KYOEI, CORP., Petitioner, v. ROSALIA T. GUDELOSAO, ON HER BEHALF AND IN BEHALF OF MINOR CHILDREN CHRISTY MAE T. GUDELOSAO AND ROSE ELDEN T. GUDELOSAO, CARMEN TANCONTIAN, ON HER BEHALF AND IN BEHALF OF THE CHILDREN CAMELA B. TANCONTIAN, BEVERLY B. TANCONTIAN, AND ACE B. TANCONTIAN, Respondents.

  • G.R. No. 208086, July 27, 2016 - FLORENCIO MORALES, JR., Petitioner, v. OMBUDSMAN CONCHITA CARPIO-MORALES, ATTY. AGNES VST DEVANADERA, ATTY. MIGUEL NOEL T. OCAMPO, ATTY. JOYCE MARTINEZ-BARUT, ATTY. ALLAN S. HILBERO, AND ATTY. EDIZER J. RESURRECION, Respondents.

  • G.R. No. 215192, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. BERNABE M. BARTOLINI, Appellant.

  • G.R. No. 204873, July 27, 2016 - ESTHER PASCUAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204899, July 27, 2016 - HEIRS OF BABAI GUIAMBANGAN, NAMELY, KALIPA B. GUIAMBANGAN, SAYA GUIAMBANGAN DARUS, NENENG P. GUIAMBANGAN, AND EDGAR P. GUIAMBANGAN, Petitioners, v. MUNICIPALITY OF KALAMANSIG, SULTAN KUDARAT, REPRESENTED BY ITS MAYOR ROLANDO P. GARCIA, MEMBERS OF ITS SANGGUNIANG BAYAN, AND ITS MUNICIPAL TREASURER, Respondents.

  • G.R. No. 205010, July 18, 2016 - PETRON GASUL LPG DEALERS ASSOCIATION AND TOTALGAZ LPG DEALERS ASSOCIATION, Petitioners, v. ELENA LAO, IMELDA LAO, POMPIDOU GOLANGCO, JEREMY WILSON GOLANGCO, CARMEN CASTILLO, AND/OR OCCUPANTS OF BAGUIO GAS CORPORATION, Respondents.

  • G.R. No. 180060, July 13, 2016 - SPOUSES AUGUSTO AND NORA NAVARRO, Petitioners, v. RURAL BANK OF TARLAC, INC., Respondent.

  • G.R. No. 194121, July 11, 2016 - TORRES-MADRID BROKERAGE, INC., Petitioner, v. FEB MITSUI MARINE INSURANCE CO., INC. AND BENJAMIN P. MANALASTAS, DOING BUSINESS UNDER THE NAME OF BMT TRUCKING SERVICES, Respondents.

  • G.R. No. 200352, July 20, 2016 - MARY JUNE CELIZ, Petitioner, v. CORD CHEMICALS, INC., LEONOR G. SANZ, AND MARIAN ONTANGCO, Respondents.

  • G.R. No. 210715, July 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUSTICO YGOT Y REPUELA, Accused-Appellants.

  • G.R. No. 221636, July 11, 2016 - LAND BANK PHILIPPINES, OF THE Petitioner, v. THE COURT OF APPEALS AND HEIRS OF MANUEL BOLAÑOS, Respondents.

  • G.R. No. 189312, July 28, 2016 - FE B. SAGUINSIN, Petitioner, v. AGAPITO LIBAN, CESARIO LIBAN, EDDIE TANGUILAN, PACENCIA MACANANG, ISIDRO NATIVIDAD, TIMMY SIBBALUCA AND ISIDRO SIBBALUCA, Respondents.

  • G.R. No. 201436, July 11, 2016 - SPOUSES MAMERTO AND ADELIA* TIMADO, Petitioners, v. RURAL BANK OF SAN JOSE, INC., TEDDY MONASTERIO, IN HIS CAPACITY AS ITS PRESIDENT/MANAGER, AND ATTY. AVELINO SALES, Respondents.

  • G.R. No. 198925, July 13, 2016 - SPOUSES ARCHIBAL LATOJA AND CHARITO LATOJA, Petitioners, v. HONORABLE ELVIE LIM, PRESIDING JUDGE, BRANCH 1, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, ATTY. JESUS APELADO, REGISTER OF DEEDS, BORONGAN, EASTERN SAMAR, ALVARO CAPITO, AS SHERIFF, BRANCH 2, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, AND TERESITA CABE, REPRESENTED BY ADELINA ZAMORA, Respondents.

  • G.R. No. 195641, July 11, 2016 - TARCISIO S. CALILUNG, Petitioner, v. PARAMOUNT INSURANCE CORPORATION, RP TECHNICAL SERVICES, INC., RENATO L. PUNZALAN AND JOSE MANALO, JR., Respondents.

  • G.R. No. 212346, July 07, 2016 - RICHARD V. FUNK, Petitioner, v. SANTOS VENTURA HOCORMA FOUNDATION, INC., FEDERICO O. ESCALER, JOSE M. ZARAGOZA, DOMINGO L. MAPA, ERNESTO C. PEREZ AND ARISTON ESTRADA, SR., Respondents.

  • G.R. No. 195147, July 11, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G. R. No. 188283, July 20, 2016 - CATHAY PACIFIC AIRWAYS, LTD., Petitioner, v. SPOUSES ARNULFO AND EVELYN FUENTEBELLA, Respondents.

  • G.R. No. 219627, July 04, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. SOUTHERN PHILIPPINES POWER CORPORATION, Respondent.

  • G.R. No. 187400, July 13, 2016 - FELICISIMO FERNANDEZ, SPOUSES DANILO AND GENEROSA VITUG- LIGON, Petitioners, v. SPOUSES ISAAC AND CONCEPCION RONULO Respondents.

  • A.C. No. 11078, July 19, 2016 - VERLITA V. MERCULLO AND RAYMOND VEDANO, Complainants, v. ATTY. MARIE FRANCES E. RAMON, Respondent.

  • G.R. No. 211028, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONATHAN ARCILLO, Accused-Appellant.

  • G.R. No. 191442, July 27, 2016 - THE MUNICIPALITY OF ALFONSO LISTA, IFUGAO, REPRESENTED BY CHARLES L. CATTILING, IN HIS CAPACITY AS MUNICIPAL MAYOR AND ESTRELLA S. ALIGUYON, IN HER CAPACITY AS MUNICIPAL TREASURER, Petitioner, v. THE COURT OF APPEALS, SPECIAL FORMER SIXTH DIVISION AND SN ABOITIZ POWER-MAGAT, INC.., Respondents.

  • G.R. No. 206927, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DARIUS RENIEDO Y CAUILAN, Accused-Appellants.

  • G.R. No. 204267, July 25, 2016 - LUZ S. ALMEDA, Petitioner, v. OFFICE OF THE OMBUDSMAN (MINDANAO) AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. Nos. 205963-64, July 07, 2016 - AMANDO A. INOCENTES, Petitioner, v. PEOPLE OF THE PHILIPPINES, HON. ROLAND B. JURADO, IN HIS CAPACITY AS CHAIRPERSON, SANDIGANBAYAN, FIFTH DIVISION, HON. CONCHITA CARPIO MORALES, IN HER CAPACITY AS OMBUDSMAN, AS COMPLAINANT; AND HON. FRANCIS H. JARDELEZA, OFFICE OF THE SOLICITOR GENERAL (OSG), IN ITS CAPACITY AS COUNSEL FOR THE PEOPLE, Respondents.

  • G.R. No. 205839, July 07, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. NARCISO L. KHO, Respondent.; G.R. No. 205840 - MA. LORENA FLORES AND ALEXANDER CRUZ, Petitioners, v. NARCISO L. KHO, Respondent.

  • G.R. No. 206888, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MARITESS CAYAS Y CALITIS @ "TETET", Appellant.

  • G.R. No. 204222, July 04, 2016 - NEPTUNE METAL SCRAP RECYCLING, INC., Petitioner, v. MANILA ELECTRIC COMPANY AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 191492, July 04, 2016 - PATRICIA SIBAYAN REPRESENTED BY TEODICIO SIBAYAN, Petitioner, v. EMILIO COSTALES, SUSANA ISIDRO, RODOLFO ISIDRO, ANNO ISIDRO AND ROBERTO CERANE., Respondents.

  • A.M. No. RTJ-14-2369 [Formerly OCA I.P.I. No. 12-3907-RTJ], July 26, 2016 - DEPARTMENT OF JUSTICE, REPRESENTED BY SECRETARY LEILA M. DE LIMA, Petitioner, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, BRANCH 167, REGIONAL TRIAL COURT, PASIG CITY, RESPONDENT.; A.M. No. RTJ-14-2372 [FORMERLY OCA I.P.I. No. 11-3736-RTJ] - HOME DEVELOPMENT MUTUAL FUND (HDMF), REPRESENTED BY ATTY. JOSE ROBERTO F. PO, Petitioner, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, BRANCH 167, REGIONAL TRIAL COURT, PASIG CITY, Respondent.

  • G.R. No. 210192, July 04, 2016 - ROSALINDA S. KHITRI AND FERNANDO S. KHITRI, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. OCA IPI No. 12-204-CA-J, July 26, 2016 - RE: VERIFIED COMPLAINT FOR DISBARMENT OF AMA LAND, INC. (REPRESENTED BY JOSEPH B. USITA) AGAINST COURT OF APPEALS ASSOCIATE JUSTICES HON. DANTON Q. BUESER, HON. SESINANDO E. VILLON AND HON. RICARDO G. ROSARIO.

  • G.R. No. 200537, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODRIGO QUITOLAY BALMONTE, Accused-Appellants.

  • G.R. No. 183934, July 20, 2016 - ERNESTO GALANG AND MA. OLGA JASMIN CHAN, Petitioners, v. BOIE TAKEDA CHEMICALS, INC. AND/OR KAZUHIKO NOMURA, Respondents.

  • G.R. No. 183645, July 20, 2016 - HEIRS OF GAMALIEL ALBANO, REPRESENTED BY ALEXANDER ALBANO AND ALL OTHER PERSON LIVING WITH THEM IN THE SUBJECT PREMISES, Petitioners, v. SPS. MENA C. RAVANES AND ROBERTO RA VANES, Respondents.

  • G.R. No. 212426, July 26, 2016 - RENE A.V. SAGUISAG, WIGBERTO E. TAÑADA, FRANCISCO "DODONG" NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN "STEVE" SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUAN-ARAULLO, DR. ROLAND SIMBULAN, AND TEDDY CASIÑO, Petitioners, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, AND ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, Respondents.; G.R. No. 212444 - BAGONG ALYANSANG MAKABAYAN (BAYAN), REPRESENTED BY ITS SECRETARY GENERAL RENATO M. REYES, JR., BAYAN MUNA PARTY-LIST REPRESENTATIVES NERI J. COLMENARES, AND CARLOS ZARATE, GABRIELA WOMEN'S PARTY-LIST REPRESENTATIVES LUZ ILAGAN AND EMERENCIANA DE JESUS, ACT TEACHERS PARTY-LIST REPRESENTATIVE ANTONIO L. TINIO, ANAKPAWIS PARTY-LIST REPRESENTATIVE FERNANDO HICAP, KABATAAN PARTY-LIST REPRESENTATIVE TERRY RIDON, MAKABAYANG KOALISYON NG MAMAMAYAN (MAKABAYAN), REPRESENTED BY SATURNINO OCAMPO, AND LIZA MAZA, BIENVENIDO LUMBERA, JOEL C. LAMANGAN, RAFAEL MARIANO, SALVADOR FRANCE, ROGELIO M. SOLUTA, AND CLEMENTE G. BAUTISTA, Petitioners, v. DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, DEFENSE UNDERSECRETARY PIO LORENZO BATINO, AMBASSADOR LOURDES YPARRAGUIRRE, AMBASSADOR J. EDUARDO MALAYA, DEPARTMENT OF JUSTICE UNDERSECRETARY FRANCISCO BARAAN III, AND DND ASSISTANT SECRETARY FOR STRATEGIC ASSESSMENTS RAYMUND JOSE QUILOP AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE NEGOTIATING PANEL FOR THE PHILIPPINES ON EDCA, Respondents.; KILUSANG MAYO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), REPRESENTED BY ITS NATIONAL PRESIDENT FERDINAND GAITE, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO, REPRESENTED BY ITS NATIONAL PRESIDENT JOSELITO USTAREZ, NENITA GONZAGA, VIOLETA ESPIRITU, VIRGINIA FLORES, AND ARMANDO TEODORO, JR., Petitioners-In-Intervention,; RENE A.Q. SAGUISAG, JR., Petitioner-In-Intervention.

  • G.R. No. 208527, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARDO BACERO Y CASABON, Accused-Appellants.

  • G.R. No. 190408, July 20, 2016 - BENJIE B. GEORG REPRESENTED BY BENJAMIN C. BELARMINO, JR., Petitioner, v. HOLY TRINITY COLLEGE, INC., Respondent.

  • G.R. No. 215764, July 13, 2016 - RICHARD K. TOM, Petitioner, v. SAMUEL N. RODRIGUEZ, Respondent.

  • A.C. No. 10944, July 12, 2016 - NORMA M. GUTIERREZ, Complainant, v. ATTY. ELEANOR A. MARAVILLA-ONA. Respondent.

  • G.R. No. 204605, July 19, 2016 - INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES, Petitioner, v. HON. PAQUITO OCHOA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERT DEL ROSARIO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, AND HON. RICARDO BLANCAFLOR, IN HIS CAPACITY AS THE DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES, Respondents.

  • A.C. No. 11316, July 12, 2016 - PATRICK A. CARONAN, Complainant, v. RICHARD A. CARONAN A.K.A. "ATTY. PATRICK A. CARONAN," Respondent.

  • G.R. No. 206054, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MINNIE TUMULAK Y CUENCA, Appellant.

  • G.R. No. 206906, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. FLORDILINA RAMOS, Appellant.

  • G.R. No. 217999, July 26, 2016 - TERESITA P. DE GUZMAN, IN HER CAPACITY AS FORMER GENERAL MANAGER; BERNADETTE B. VELASQUEZ, IN HER CAPACITY AS FINANCE MANAGER; ATTY. RODOLFO T. TABANGIN, ATTY. ANTONIO A. ESPIRITU, ATTY. MOISES P. CATING, IN THEIR CAPACITIES AS FORMER MEMBERS OF THE BAGNIO WATER DISTRICT (BWD) BOARD OF DIRECTORS; AND SONIA A. DAOAS AND ENGR. FELINO D. LAGMAN, IN THEIR CAPACITIES AS INCUMBENT MEMBERS OF THE BOARD OF DIRECTORS, Petitioners, v. COMMISSION ON AUDIT, CENTRAL OFFICE, REPRESENTED BY ITS CHAIRPERSON MICHAEL G. AGUINALDO, COMMISSIONER JUANITO G. ESPINO, JR., COMMISSIONER HEIDI MENDOZA, AND NILDA B. PLARAS, DIRECTOR IV, COMMISSION SECRETARY, Respondents.

  • G.R. No. 213598, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCELITA1 ARENAS Y BONZO @ MERLY, Accused-Appellants.

  • G.R. No. 208009, July 11, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDILBERTO PUSING Y TAMOR, Accused-Appellant.

  • A.M. No. P-16-3471 (Formerly A.M. No. 15-06-197-RTC), July 26, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOHN REVEL B. PEDRIÑA, CLERK III, BRANCH 200, REGIONAL TRIAL COURT, LAS PIÑAS CITY, Respondent.

  • G.R. No. 199151-56, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. THE SANDIGANBAYAN, FIFTH DIVISION, LT. GEN. LEOPOLDO S. ACOT, B/GEN. ILDEFONSO N. DULINAYAN, LT. COL. SANTIAGO B. RAMIREZ, LT. COL. CESAR M. CARINO, MAJ. PROCESO T. SABADO, MAJ. PACQUITO L. CUENCA, 1LT. MARCELINO M. MORALES, M/SGT. ATULFO D. TAMPOLINO, REMEDIOS "REMY" DIAZ, JOSE GADIN, JR., GLENN ORQUIOLA, HERMINIGILDA LLAVE, GLORIA BAYONA AND RAMON BAYONA JR., Respondents.

  • G.R. No. 190158, July 20, 2016 - HEIRS OF LIBERATO CASTILLEJOS AND RURAL BANK OF AGOO, LA UNION, Petitioners, v. LA TONDEÑA INCORPORADA, Respondent.

  • G.R. No. 208837, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DONNA RIVERA Y DUMO, Accused-Appellant.

  • G.R. No. 210801, July 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN CENIDO Y PICONES AND REMEDIOS CONTRERAS Y CRUZ, Accused-Appellants.

  • G.R. No. 213529, July 13, 2016 - JANET LIM NAPOLES, Petitioner, v. HON. SECRETARY LEILA DE LIMA, PROSECUTOR GENERAL CLARO ARELLANO, AND SENIOR DEPUTY STATE PROSECUTOR THEODORE M. VILLANUEVA, IN THEIR CAPACITIES AS OFFICERS OF THE DEPARTMENT OF JUSTICE, HON. ELMO M. ALAMEDA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI, BRANCH 150, NATIONAL BUREAU OF INVESTIGATION (NBI), ARTURO F. LUY, GERTRUDES K. LUY, ANNABELLE LUY-REARIO, AND BENHUR K. LUY, Respondents.

  • G.R. No. 215340, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLORIA CAIZ Y TALVO, Accused-Appellants.

  • G.R. No. 202514, July 25, 2016 - ANNA MARIE L. GUMABON, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 192477, July 27, 2016 - MOMARCO IMPORT COMPANY, INC., Petitioner, v. FELICIDAD VILLAMENA, Respondent.

  • G.R. No. 210606, July 27, 2016 - GRACE PARK* INTERNATIONAL CORPORATION AND WOODLINK REALTY CORPORATION, Petitioners, v. EASTWEST BANKING CORPORATION, SECURITY BANKING CORPORATION, ALLIED BANKING CORPORATION, REPRESENTED BY THE TRUSTEE AND ATTORNEY-IN-FACT OF EASTWEST BANKING CORPORATION TRUST DIVISION, EMMANUEL L. ORTEGA, IN HIS CAPACITY AS THE EX-OFFICIO SHERIFF OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, EDRIC C. ESTRADA, IN HIS CAPACITY AS SHERIFF IV OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, Respondent.

  • G.R. No. 172682, July 27, 2016 - SULPICIO LINES, INC., Petitioner, v. NAPOLEON SESANTE, NOW SUBSTITUTED BY MARIBEL ATILANO, KRISTEN MARIE, CHRISTIAN IONE, KENNETH KERRN AND KARISNA KATE, ALL SURNAMED SESANTE, Respondent.

  • G.R. No. 199180, July 27, 2016 - THELMA RODRIGUEZ, JOINED BY HER HUSBAND, Petitioners, v. SPOUSES JAIME SIOSON AND ARMI SIOSON, ET AL., Respondents.

  • G.R. No. 181335, July 27, 2016 - MARIO SALUTA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 5951, July 12, 2016 - JUTTA KRURSEL, Complainant, v. ATTY. LORENZA A. ABION, Respondent.

  • G.R. No. 218665, July 20, 2016 - JULIUS BAUTTSTA, ARSENIO LARANANG, REYNALDO BALDEMOR, MANAYAN, NORMA FLORES, CONSUELO ESTIGOY, CARMELITA VALMONTE, SIMEON MARTIN, MAGDALENA GADIAN, JOSE GINNO DELA MERCED, JOVEN SILAN, JR., JULIO DIAZ, GIDEON ACOSTA, AND WENCESLA BAUTISTA, Petitioners, v. LT. COL. BENITO DONIEGO, JR., LT. COL. ALFREDO PATARATA, AND MAJOR GENERAL GREGORIO PIO CATAPANG, Respondent.

  • A.C. No. 9492, July 11, 2016 - PLUTARCO E. VAZQUEZ, Complainants, v. ATTY. DAVID LIM QUECO KHO, Respondent.

  • A.C. No. 6387 [Formerly CBD Case No. 11-3001], July 19, 2016 - GABINO V. TOLENTINO AND FLORDELIZA C. TOLENTINO, Complainants, v. ATTY. HENRY B. SO AND ATTY. FERDINAND L. ANCHETA, Respondents.

  • G.R. No. 215723, July 27, 2016 - DOREEN GRACE PARILLA MEDINA, A.K.A. "DOREEN GRACE MEDINA KOIKE," Petitioner, v. MICHIYUKI KOIKE, THE LOCAL CIVIL REGISTRAR OF QUEZON CITY, METRO MANILA, AND THE ADMINISTRATOR AND CIVIL REGISTRAR GENERAL OF THE NATIONAL STATISTICS OFFICE, Respondent.

  • G.R. No. 204494, July 27, 2016 - JO-ANN DIAZ-SALGADO AND HUSBAND DR. GERARD C. SALGADO, Petitioners, v. LUIS G. ANSON, Respondent.

  • G.R. No. 213601, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANKIE GERERO, ROLITO GERERO Y ARMIROL, CHRISTOPHER GERERO, ALFIE ESPINOSA Y MENDEZ AND RENATO BARTOLOME Y JAIME, ACCUSED, ROLITO GERERO Y ARMIROL, ALFIE ESPINOSA Y MENDEZ AND RENATO BARTOLOME Y JAIME, Accused-Appellants.

  • G.R. No. 217381, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE R. SALVADOR, Accused-Appellant.

  • A.C. No. 7072, July 27, 2016 - VIRGILIO D. MAGAWAY AND CESARIO M. MAGAWAY, Complainants, v. ATTY. MARIANO A. AVECILLA, Respondent.

  • G.R. No. 212615, July 19, 2016 - LEODEGARIO A. LABAO, JR., Petitioner, v. COMMISSION ON ELECTIONS AND LUDOVICO L, MARTELINO, JR., Respondents.; G.R. NO. 212989 - SHARON GRACE MARTINEZ-MARTELINO, Petitioner, v. COMMISSION ON ELECTIONS AND VICE MAYOR JOSE O. ALBA, JR., Respondent.

  • G.R. Nos. 194763-64, July 20, 2016 - WILFRED GACUS YAMSON, ASSISTANT GENERAL MANAGER A, REY CAÑETE CHAVEZ, DEPARTMENT MANAGER C, ARNOLD DOMINGO NAVALES, DEPARTMENT MANAGER C, ROSINDO JAPAY ALMONTE, DIVISION MANAGER C, ALFONSO EDEN LAID, ASSISTANT GENERAL MANAGER A, AND WILLIAM V. GUILLEN, DEPARTMENT MANAGER C, (ALL OF) DAVAO CITY WATER DISTRICT, BAJADA, DAVAO CITY, Petitioners, v. DANILO C. CASTRO AND GEORGE F. INVENTOR, Respondents.

  • G.R. No. 210710, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LUISITO GABORNE Y CINCO, Accused-Appellant.

  • G.R. No. 209271, July 26, 2016 - INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY, MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC., Petitioner-In-Intervention.; G.R. NO. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND THE FERTILIZER AND PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS, GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR, ANGELINA GALANG, LEONARDO AVILA HI, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC., Petitioner-In-Intervention.; G.R. NO. 209301 - UNIVERSITY OF THE PHILIPPINES LOS BAÑOS FOUNDATION, INC.,. Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES) MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY L. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND EDWIN MARTHINE LOPEZ, Respondents.; G.R. NO. 209430 - UNIVERSITY OF THE PHILIPPINES LOS BAÑOS, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOROY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY L. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND PROMULGATED: EDWIN MARTHINE LOPEZ, Respondent.

  • A.M. No. 12-8-07-CA, July 26, 2016 - RE: LETTER OF COURT OF APPEALS JUSTICE VICENTE S.E. VELOSO FOR ENTITLEMENT TO LONGEVITY PAY FOR HIS SERVICES AS COMMISSION MEMBER III OF THE NATIONAL LABOR RELATIONS COMMISSION; A.M. NO. 12-9-5-SC - RE: COMPUTATION OF LONGEVITY PAY OF COURT OF APPEALS JUSTICE ANGELITA A, GACUTAN; A.M. NO. 13-02-07-SC - RE: REQUEST OF COURT OF APPEALS JUSTICE REMEDIOS A. SALAZAR- FERNANDO THAT HER SERVICES AS MTC JUDGE AND AS COMELEC COMMISSIONER BE CONSIDERED AS PART OF HER JUDICIAL SERVICE AND INCLUDED IN THE COMPUTATION/ADJUSTMENT OF HER LONGEVITY PAY., Respondent.

  • G.R. No. 202050, July 25, 2016 - PHILIPPINE NATIONAL OIL COMPANY AND PNOC DOCKYARD & ENGINEERING CORPORATION, Petitioners, v. KEPPEL PHILIPPINES HOLDINGS, INC., Respondent.

  • G.R. No. 210991, July 12, 2016 - DUTY FREE PHILIPPINES CORPORATION (FORMERLY DUTY FREE PHILIPPINES) DULY REPRESENTED BY ITS CHIEF OPERATING OFFICER, LORENZO C. FORMOSO, Petitioner, v. COMMISSION ON AUDIT, HON. MA. GRACIA M. PULIDO TAN, CHAIRPERSON AND HON. HEIDI L. MENDOZA, COMMISSIONER, Respondent.

  • A.C. No. 10117, July 25, 2016 - IN RE: RESOLUTION DATED AUGUST 14, 2013 OF THE COURT OF APPEALS IN CA- PRESENT: GR.CV NO. 94656, v. ATTY. GIDEON D.V. MORTEL, Respondent.