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criminal procedure
Criminal Procedure•Law School Notes•Remedial Law

Estipona, Jr. vs. Lobrigo

September 13, 2022 by Vala No Comments

G.R. No. 226679. August 15, 2017.

FACTS

Petitioner Salvador Estipona, Jr. was found to be in possession of (1) piece heat-sealed transparent plastic sachet of shabu, a dangerous drug.  He was accused for violation of Section 11, Article II of R.A. No. 9165. Under Section 23 of R.A. No. 9165, plea-bargaining is prohibited in all drug cases.

Estipona filed a Motion to Allow the Accused to Enter into a Plea Bargaining Agreement, praying to withdraw his not guilty plea and, instead, to enter a plea of guilty for violation of Section 12, Article II of R.A. No. 9165 with a penalty of rehabilitation in view of his being a first-time offender and the minimal quantity of the dangerous drug seized in his possession.

Judge Lobrigo denied the Motion holding that Section 23 of R.A. No. 9165 expressly prohibits plea-bargaining in drugs cases

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Criminal Procedure•Law School Notes•Remedial Law

Drilon vs. Court of Appeals; G.R. No. 107019. March 20, 1997.

by Vala No Comments

FACTS

In a letter-complaint to Secretary of Justice Franklin Drilon, General Renato de Villa who was then Chief of Staff of the AFP, requested DOJ to order the investigation of several individuals named therein, including private respondent Adaza, for their alleged participation in the failed December 1989 coup d’etat. The complaint is based on the affidavit.

There was a preliminary inquiry made by Special Composite Team of Prosecutors created by the DOJ finding that there is a probable cause to hold Adaza et al for trial for the crime of REBELLION WITH MURDER AND FRUSTRATED MURDER. Their Resolution became the basis for the filing of information.

Feeling aggrieved by the institution of proceedings against him, Adaza filed a complaint for damages before the RTC of Quezon City. In his complaint, Adaza charged petitioners with engaging in a deliberate, willful and malicious experimentation by filing against him a charge of rebellion complexed with murder and frustrated murder when petitioners, according to Adaza, were fully aware of the non-existence of such crime in the statute books.

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Criminal Procedure•Law School Notes•Remedial Law

San Miguel Properties, Inc. vs. Perez

by Vala No Comments

G.R. No. 166836. September 4, 2013.

FACTS

Petitioner purchased 130 residential lots from BF Homes represented by Atty. Florencio B. Orendain (Orendain) as its duly authorized rehabilitation receiver appointed by the Securities and Exchange Commission (SEC), the transactions were embodied in three separate deeds of sale.

BF Homes claimed that it withheld the delivery of the 20 TCTs for parcels of land purchased under the third deed of sale because Atty. Orendain had ceased to be its rehabilitation receiver at the time of the transactions. BF Homes refused to deliver the 20 TCTs despite demands.

San Miguel Properties filed a complaint-affidavit in the Office of the City Prosecutor of Las Piñas City charging respondent directors and officers of BF Homes with non-delivery of titles in violation of Section 25, in relation to Section 39, both of Presidential Decree No. 957.

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Criminal Procedure•Law School Notes•Remedial Law

Consing, Jr. vs. People

September 8, 2022 by Vala No Comments

FACTS

Petitioner & his mother obtained loan with Unicapital for 18M. The loans were secured by real estate mortgage wherein the title is under the name of “de la Cruz”. Half of the property was purchased by Unicapital & other half was purchased by Plant Builders. However before they can finally develop the property, they found out that the title is spurious. Unicapital demanded for the return of the payment, but petitioner ignored the demand.

Consing filed a civil case in RTC Pasig for injunctive relief, thereby seeking to enjoin Unicapital from proceeding against him for the collection of the P41,377,851.48 on the ground that he had acted as a mere agent of his mother.

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