Pasion Vda. De Garcia vs. Locsin G.R. No. L-45950, June 20, 1938 65 Phil 68 (1938)

Facts: Anti Usury Law Issue: Whether the issuance of the warrant of search and seizure was valid Held: No, In the instant case the existence of probable cause was determined not by the judge himself but by the applicant. All that the judge did was to accept as true the affidavit made by agent Almeda.Continue reading “Pasion Vda. De Garcia vs. Locsin G.R. No. L-45950, June 20, 1938 65 Phil 68 (1938)”

Paderanga vs. Drilon G.R. 96080, April 19, 1991

Issue: Whether the Fiscal have the jurisdiction to determine the probable cause of the accused Held: Yes, Preliminary investigation is generally inquisitorial, and it is often the only means of discovering the persons who may be reasonably charged with a crime, to enable the fiscal to prepare his complaint or information. It is not aContinue reading “Paderanga vs. Drilon G.R. 96080, April 19, 1991”

Unilab vs. Isip G.R. No. 163858, June 28, 2005

Facts: NBI, filed an application, in the RTC for the issuance of a search warrant concerning the first and second floors of the Shalimar Building occupied and/or used by Shalimar Philippines, owned/operated by Ernesto Isip; and for the seizure of the following for violation of Section 4(a), in relation to Section 8, of Republic ActContinue reading “Unilab vs. Isip G.R. No. 163858, June 28, 2005”

People vs. Omaweng G.R. No. 99050, September 2, 1992. 213 SCRA 462 (1992)

Facts: “In the morning of September 12, 1988, Joseph Layong, a PC constable with the Mt. Province PC Command at Bontoc, Mt. Province proceeded with other PC soldiers to Barrio Dantay, Bontoc and, per instruction of their officer, Capt. Eugene Martin, put up a checkpoint at the junction of the roads, one going to SagadaContinue reading “People vs. Omaweng G.R. No. 99050, September 2, 1992. 213 SCRA 462 (1992)”

People vs. de la Cruz G.R. 83260, April 18, 1990

Facts: That after receiving a confidential report from Arnel, their informant, a “buy-bust” operation was conducted by the 13th Narcotics Regional Unit through a team composed of T/Sgt. Jaime Raposas as Team Leader, S/Sgt. Rodelito Oblice, Sgt. Dante Yang, Sgt. Vicente Jimenez, P/Pfc. Adolfo Arcoy as poseur-buyer and Pat. Deogracias Gorgonia at Maliclic St., Tondo,Continue reading “People vs. de la Cruz G.R. 83260, April 18, 1990”

People v. Musa G.R. No. 96177, January 27, 1993 217 SCRA 597 (1993)

Facts: Prosecution evidence shows that in the morning of December 13, 1989, NARCOM conducted surveillance and test buy on a certain Mari Musa which the poser-buyer was able to buy one newspaper-wrapped dried marijuana for P10.00. The next day, a buy-bust was planned. The buy-bust money had been taken. poser-buyer approached Mari Musa said heContinue reading “People v. Musa G.R. No. 96177, January 27, 1993 217 SCRA 597 (1993)”

Roldan vs. Arca G.R. No. L-25434 July 25, 1975 65 SCRA 320 (1975)

Facts:  Respondent company filed with the CFI against petitioner for the recovery of fishing vessel Tony Lex VI (one of two fishing boats in question) which had been seized and impounded by petitioner Fisheries Commissioner through the Philippine Navy. Respondent company prayed for a writ of preliminary mandatory injunction with respondent court, but said prayerContinue reading “Roldan vs. Arca G.R. No. L-25434 July 25, 1975 65 SCRA 320 (1975)”

People v. Solayao G.R. No. 119220 September 20, 1996 262 SCRA 255 (1996)

Facts: SPO3 Jose Niño, narrated that at about 9:00 o’clock in the evening of July 9, 1992, with CAFGU members, they were to conduct an intelligence patrol as required of them by their intelligence officer to verify reports on the presence of armed persons roaming around the barangays. The team of Police Officer Niño proceededContinue reading “People v. Solayao G.R. No. 119220 September 20, 1996 262 SCRA 255 (1996)”

Papa vs. Mago G.R. No. L-27360, February 28, 1968 22 SCRA 857 (1968)

Facts: Petitioner Martin Alagao, head of the counter-intelligence unit of the Manila Police Department, acting upon a reliable information received on November 3, 1966 to the effect that a certain shipment of personal effects, allegedly misdeclared and undervalued, would be released the following day from the customs zone of the port of Manila and loadedContinue reading “Papa vs. Mago G.R. No. L-27360, February 28, 1968 22 SCRA 857 (1968)”

People vs. De Gracia G. R. Nos. 102009-10 July 6, 1994 233 SCRA 716 (1994)

Facts: The records show that in the early morning of December 1, 1989, Maj. Efren Soria of the Intelligence Division, National Capital Region Defense Command, was on board a brown Toyota car conducting a surveillance of the Eurocar Sales Office located at EDSA, together with his team and was conducted pursuant to an intelligence reportContinue reading “People vs. De Gracia G. R. Nos. 102009-10 July 6, 1994 233 SCRA 716 (1994)”