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remedial law
Evidence•Law School Notes•Remedial Law

Chan vs. Chan

January 30, 2023 by Vala No Comments

G.R. No. 179786. July 24, 2013

FACTS:

Josielene Lara Chan (Josielene) filed before the Regional Trial Court (RTC) petition for the declaration of nullity of her marriage to respondent Johnny Chan (Johnny), the dissolution of their conjugal partnership of gains, and the award of custody of their children to her. Josielene claimed that Johnny failed to care for and support his family and that a psychiatrist diagnosed him as mentally deficient due to incessant drinking and excessive use of prohibited drugs.
Josielene requested the issuance of a subpoena duces tecum covering the hospital records of Johnny’s confinement, which records she wanted to present in court as evidence in support of her action to have their marriage declared a nullity. Respondent Johnny resisted her request for subpoena, however, invoking the privileged character of those records under Section 24(c), Rule 130. 
Josielene claims that  the hospital records subject of this case are not privileged since it is the “testimonial” evidence of the physician that may be regarded as privileged.
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Evidence•Evidence•Law School Notes•Political Law•Remedial Law

People vs. Sanchez

by Vala No Comments

G.R. No. 231383. March 7, 2018

FACTS:

Two (2) Informations were filed before the RTC charging Sanchez with the crimes of illegal sale and illegal possession of dangerous drugs. A buy-bust operation was organized against a certain alias “Totoy” (later on identified as Sanchez), who was allegedly engaged in illegal drug trade. Tabuyo, the poseur-buyer, was able to meet Sanchez, who, after receiving the marked money, handed over a heat-sealed plastic sachet containing a white crystalline substance to the former. Sanchez was arrested. He was also found during search two (2) other plastic sachets also containing a white crystalline substance.

The buy-bust team then conducted the markings, inventory, and photography on site before proceeding to their office for documentation purposes. The team was met with representatives from the Department of Justice (DOJ) and the media, both of whom signed the Certificate of Inventory. The seized plastic sachets were then taken to the PNP Crime Laboratory where it was confirmed that their contents are indeed methamphetamine hydrochloride or shabu.

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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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