A waiver of an illegal arrest is not a waiver of an illegal search. FACTS: Petitioner Danilo Villanueva was charged with violation of Section 11, Article II of Republic Act (R.A.) No. 9165 or The Comprehensive Dangerous Drugs Act of 2002. A Complaint was filed by Brian Resco against Danilo Villanueva for allegedly shooting the… Read More VILLANUEVA vs. PEOPLE G.R. No. 199042 November 17, 2014 Warrantless Arrests
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES PRELIMINARY CHAPTER Section 1. Title. – This Act shall be known as “The Judiciary Reorganization Act of 1980.” Section 2. Scope. – The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile… Read More BATAS PAMBANSA 129 (B.P. 129)
FACTS: Process server Manuel S. Panlasigui attempted to serve summons at respondent’s address but was unsuccessful. In his Server’s Return, Panlasigui stated that he tried to personally serve the summons to respondent at his given address at No. 36 Sampaguita St., Baesa, Quezon City. However, the occupant of that house, who refused to give his… Read More Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons
The following are cases which explain the Distinctions between Rule 45 and 65 GO vs. CA G.R. No. 128954. October 8, 1998 Where the trial court abuses its discretion by indefinitely suspending summary proceedings involving ejectment cases, a petition for certiorari may be entertained by the proper court to correct the blunder. In the… Read More Petition for Certiorari, Distinctions between Rule 45 and 65, Doctrine of Procedural Void
FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological,… Read More Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts
The following are jurisprudence on Warrantless Searches and Seizures PEOPLE vs. SARAP G.R. No. 132165 A search may be conducted by law enforcers only on the strength of a warrant validly issued by a judge as provided in Article III, Section 2 of the Constitution. Articles which are the product of unreasonable searches and seizures… Read More Warrantless Searches and Seizures
FACTS: Petitioner BPI is a banking institution duly organized and existing as such under the Philippine laws. Private respondent Centrogen, Inc. (Centrogen) is a domestic corporation engaged in pharmaceutical business, represented in this act by its President, Edwin Santiago, son of private respondents Spouses Ireneo M. Santiago and Liwanag P. Santiago. On several occasions, private… Read More BPI vs. SPS SANTIAGO G.R. No. 169116 March 28, 2007 Jurisdiction, Service of Summons
FACTS: Due to her lumbar pains, private respondent Editha Sioson went to Rizal Medical Center for check-up. The tests revealed that her right kidney is normal. It was ascertained, however, that her left kidney is non-functioning and non-visualizing. Thus, she underwent kidney operation. On February 18, 2000, private respondent’s husband, filed a complaint for gross… Read More ATIENZA vs. BOARD OF MEDICINE and EDITHA SIOSON G.R. No. 177407 February 9, 2011 Admissibility of Evidence
Thank you to the author. PRELIMINARY CHAPTER What is criminal procedure? Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. What is criminal procedure concerned with? Criminal procedure is concerned with the procedural steps through which… Read More Criminal Procedure-Reviewer
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