G.R. No. 148560 November 19, 2001

FACTS:

On April 4, 2001, the Office of the Ombudsman filed before the Sandiganbayan eight (8) separate Information against President Joseph Ejercito Estrada, the highest-ranking official,  for violation of the Plunder Law (Crim. Case No. 26558), Anti-Graft and Corrupt Practices Act (Crim. Cases Nos. 26559 to 26562), The Code of Conduct and Ethical Standards for Public Officials and Employees (Crim. Case No. 26563), Perjury (Crim. Case No. 26564), and Illegal Use Of An Alias (26565).

On April 11, 2001, petitioner, bewails the failure of the law to provide for the statutory definition of the terms “combination” and “series” in the key phrase “a combination or series of overt or criminal acts” found in Sec. 1, par. (d), and Sec. 2, and the word “pattern” in Sec. 4. These omissions, according to petitioner, render the Plunder Law unconstitutional for being impermissibly vague and overbroad and deny him the right to be informed of the nature and cause of the accusation against him, hence, violative of his fundamental right to due process.

G.R. No. 129295. August 15, 2001

FACTS

In the early evening of January 6, 1996, Edwin Morial, Leonardo Morial and Nonelito Abeñon allegedly committed robbery and to silence any witnesses, they killed the occupants of the house, Paula Bandibas and her three-year old grandson Albert. Gabriel Guilao revealed that he witnessed Paula’s killing and confirmed that the three accused were the perpetrators. At 11:00 p.m., the police arrived to investigate the killing of the Bandibases and brought the accused to the police station for the continuation of the investigation. SPO4 Fernandez testified that the investigation he conducted resulted in an admission by Leonardo Morial that he was one of those who participated in the robbery with homicide. SPO4 Fernandez asked Leonardo whether he was willing to reduce his statement into writing and to sign the same. The suspect answered positively. He also volunteered to obtain a lawyer for the suspect, to which Leonardo Morial consented.

VOL. 80, JANUARY 27, 1948

FACTS

The Philippine Legislature has delegated the exercise of the police power to the Municipal Board of the City of Manila which is provided in Administrative Code, Sec. 2439. Included among others is the power granted “ (1) to provide prohibition and suppression of riots, affrays, disturbances and disorderly assemblies, (2)  to regulate the use of streets, parks and other public places (3) to enact ordinances it may deem necessary and proper for sanitation and safety…”

Under the delegated power of Philippine Legislature, the Municipal Board of the City of Manila, enacted Revised Ordinance of 1927 that prohibits any act in public place, meeting or procession tending to disrupt public peace or riot or disquiet any congregation engaged in any lawful assembly (Sec 844) and to secure permit from the mayor for the use of public places and streets.

G.R. No. 130805. April 27, 2004

FACTS

In 1994, Narcotics Command received information that a certain Koichi Kishi and Rey Plantilla were engaged in the selling of illegal drugs at the Cash and Carry Supermarket, Makati City. A buy-bust operation was launched which led to the capture of Koichi and allegedly pointed Kimura and Kizaki as his friends/suppliers  who will fetch him. That in the parking lot Kimura handed a package wrapped in a newspaper which found to contain marijuana to a certain person named Boy. Kimura was arrested however Kizaki allegedly escaped.

Department of Justice filed a case against Kimura and Kizaki of violation of Section 4, Article II of Republic Act 6425, as amended by R.A. 7659, otherwise known as the Dangerous Drugs Act of 1972. Appellants’ defense is denial and alibi. Kimura claims that he saw marijuana placed at the car trunk and Kizaki was not with him.  On the other hand, appellant Kizaki testified that on the date that the alleged crime was committed, he was in the company of his friends which was corroborated by his housemaid and friend, and he was arrested 2 days after the incident.