Selected Cases in Criminal Procedure: Prepared By: Atty. Charlie M. Cabe

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SELECTED CASES

IN CRIMINAL PROCEDURE
PREPARED BY:

ATTY. CHARLIE M. CABE

APPLICATION OF THE RULES

1. People of the Philippines versus Li Kam Kim, G.R. No. 148586, May 25, 2004.
2. Cheng vs Sy, G.R. No. 174238, July 7, 2009
3. Sombilon jr. vs People of the Philippines, G.R. No. 175528, September 30, 2009

PURPOSE

1. Delos Reyes vs. Flores, G.R. No. 168726, March 5, 2010


2. Rivera vs. People of the Philippines, G.R. No. 163996 June 9, 2005
3. Tamayo vs. Court of Appeals, G.R. No. 147070, February 17, 2004

CONSTRUCTION

1. Estino vs. People of the Philippines, G.R. Nos. 163957-58, April 7, 2009
2. Santillano vs. People of the Philippines, G.R. Nos. 175045-46, March 3, 2010

CRIMINAL JURISDICTION

1. People of the Philippines vs. Mariano, G.R. No. L-40527 June 30, 1976
2. People of the Philippines vs. Vanzuela, G.R. No. 178266, July 21, 2008
3. Figueroa vs. People of the Philippines, G.R. No. 147406, July 14, 2008
4. COMELEC vs. Noynay, G.R. No. 132365 July 9, 1998
5. City Prosecution Office of General Santos City vs. Bersales, A.M. No. MTJ-04-1522,
June 9, 2004
6. People of the Philippines versus Sandiganbayan and Plaza, G.R. No. 169004,
September 15, 2010
7. Lee vs. Court of Appeals, G.R. No. 145498, January 17, 2005
8. Mobilia Products, Inc. vs. Umezawa, G.R. No. 149357. March 04, 2005
9. TreÑas vs. People of the Philippines, G. R. No. 195002, January 25, 2012
10. Union Bank of the Philippines vs. People of the Philippines, G.R. No. 192565,
February 28, 2012
11. People of the Philippines vs. Taroy, G.R. No. 192466, September 7, 2011
12. People of the Philippines vs. Lara, G.R. No. 199877, August 13, 2012
13. People of the Philippines vs. Bustamante, G.R. No. 172357, March 19, 2010
14. People of the Philippines vs. Sandiganbayan, G.R. Nos. 137707-11, December
17, 2004

RULE 110 - PROSECUTION OF OFFENSES

1. Plopinio vs. Zabala-CariÑo, A.M. No. P-08-2458, March 22, 2010


2. Metropolitan Bank and Trust Company vs. Reynaldo, G.R. No. 164538, August 9,
2010
3. People vs. Grey, G.R. No. 180109, July 26, 2010
4. Soriano vs. People of the Philippines, G.R. No. 162336, February 1, 2010
5. Salazar vs. People of the Philippines, G.R. No. 149472, October 15, 2002
6. People of the Philippines vs. Nicolas vs. G.R. No. 135877, August 22, 2002
7. People of the Philippines vs. Historillo, G.R. No. 130408, June 16, 2000
8. People of the Philippines vs. Alicante, G.R. Nos. 127026-2. May 31, 2000
9. Lumbos vs. Baliguat, A.M. No. MTJ-06-1641. July 27, 2006
10. Sanrio Company Limited vs Lim, G.R. No. 168662, February 19, 2008

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11. Securities and Exchange Commission vs. Interport Resources Corporaton, G.R. No. 135808,
October 6, 2008
12. People of the Philippinese vs. Bautista, G.R. No. 168641, April 27, 2007
13. Arambulo vs. Laqui, Sr., G.R. No. 138596, October 12, 2000
14. Panaguiton, Jr. vs. Department of Justice, G.R. No. 167571, November 25, 2008
15. Jadewell Parking Systems Corporation vs. Judge Lidua, Sr., G.R. No. 169588,
October 7, 2013
16. Gabionza vs. Court of Appeals, G.R. No. 161057, September 12, 2008
17. Community Rural Bank of Guimba (N.E.) vs. Judge Talavera, A.M. No. RTJ-05-
1909, April 6, 2005
18. Jimenez vs. Sorongon, G.R. No. 178607, December 5, 2012
19. Almero vs. People of the Philippines, G.R. No. 188191, March 12, 2014
20. Estodillo vs. Judge Baluma, A.M. No. RTJ-04-1837, March 23, 2004
21. People of the Philippines vs. Mendez, G.R. No. 132546, July 5, 2000
22. The People of the Philippines vs. Tan, G.R. No. 177566, March 26, 2008
23. Request of Peter Ristig for assistance regarding the delay in the proceedings of criminal case no. 95227-R
entitled : People of the Philippines versus Henry Uy” pending at MTCC, Branch 6, Cebu City, A.M. No. 02-5-107-
MTCC December 9, 2004
24. Visbal vs. Ramos, A.M. No. MTJ-00-1306, March 20, 2001
25. Chua-Burce vs. Court of Appeals, G.R. No. 109595, April 27, 2000
26. Madarang vs. Court of Appeals, G.R. No. 143044. July 14, 2005
27. Ramiscal, Jr. vs. Hon. Sandiganbayan, G.R. Nos. 140576-99, December 13, 2004
28. Crisostomo vs. People of the Philippines, G.R. No. 171526, September 1, 2010
29. The People of the Philippines vs. Rodrigo, G.R. No. 173022, January 23, 2006
30. Mabutas vs. Perello, A.M. No. RTJ-03-1817, June 8, 2005
31. DiÑo vs. Olivarez, G.R. No. 170447, June 23, 2009
32. Salazar vs. Romaquin, G.R. No. 151068, May 21, 2004
33. Senson vs. Pangilinan, A.M. No. MTJ-02-1430, September 8, 2003
34. Andaya vs. People of the Philippines, G.R. No. 168486, June 27, 2006
35. Soledad vs. People of the Philippines, G.R. No. 184274, February 23, 2011
36. People of the Philippines vs. Cutamora, G.R. Nos. 133448-53, October 6, 2000
37. People of the Philippines vs. Palarca, G.R. No. 146020, May 29, 2002
38. People of the Philippines vs. Lab-eo, G.R. No. 133438, January 16, 2002
39. Estrada vs. Sandiganbayan, G.R. No. 148965, February 26, 2002
40.People of the Philippine vs. Pareja, G.R. No. 202122, January 15, 2014
41.Zapanta vs. People of the Philippines, G.R. No. 170863, March 20, 2013
42. People of the Philippine vs. Dion, G.R. No. 181035, July 4, 2011
43. People of the Philippines vs. Malngan, G.R. No. 170470, September
26, 2006
44. Jaca vs. People of the Philippines, G.R. No. 166967, January 28, 2013
45. Loney vs. People of the Philippines G.R. No. 152644, February 10, 2006
46. Leviste vs. Alameda, G.R. No. 182677, August 3, 2010
47. Rodriguez vs. Ponferrada, G.R. Nos. 155531-34 July 29, 2005

RULE 111 - PROSECUTION OF CIVIL ACTION

1. Hyatt Industrial Manufacturing corp. vs. Asia Dynamic Electrix Corp., G.R. No.
163597. July 29, 2005
2. Salazar vs. People of the Philippines, G.R. No. 151931. September 23, 2003
3. Liong vs. Lee, G.R. No. 181658, August 7, 2013
4. Philippine Rabbit Bus Lines, Inc. vs. People of the Philippines, G.R. No. 147703,
April 14, 2004
5. People of the Philippines vs. Escote, Jr., G.R. No. 140756, April 4, 2003
6. Maccay vs. Nobela, G.R. No. 145823. March 31, 2005
7. Chua vs. The Executive Judge, MeTC, Manila, G.R. No. 202920, October 2, 2013
8. Simon vs. Chan, G.R. No. 157547, February 23, 2011
9. Silangan Textile Manufacturing Corporation vs. Demetria, G.R. No. 166719, March
12, 2007
10. Manantan vs. Court of Appeals, G.R. No. 107125 January 29, 2001
11. Ching vs. Nicdao, G.R. No. 141181 April 27, 2007

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12. Manliclic vs. Calaunan, G.R. No. 150157, January 25, 2007
13. People of the Philippines vs. Amistoso, G.R. No. 201447, August 28, 2013
14. Reyes vs. Rossi, G.R. No. 159823, February 18, 2013
15. Gaditano vs. San Miguel Corporation, G.R. No. 188767, July 24, 2013

RULE 112 – PRELIMINARY INVESTIGATION

1. Metropolitan Bank & Trust Company vs. Gonzales, G.R. No. 180165, April 7, 2009
2. Odchigue_Bondoc vs. Bio, G.R. No. 186652, October 6, 2010
3. Uy vs. Office of the Ombudsman, G.R. Nos. 156399-400, June 27, 2008
4. Yusop vs. The Honorable Sandiganbayan, G.R. No. 138859-60, February 22, 2001
5. Santos vs. Bernardo, A.M. No. MTJ-07-1670, July 23, 2008
6. Gallardo vs. People of the Philippines, G.R. No. 142030, April 21, 2005
7. Balangauan vs. The Honorable Court of Appeals, G. R. No. 174350, August 13,
2008
8. Leviste vs. Alameda, G.R. No. 182677, August 3, 2010
9. San Agustin vs. People of the Philippines, G.R. No. 158211, August 31, 2004
10. Conquilla vs. Bernardo, A.M. No. MTJ-09-1737, February 9, 2011
11. Ladlad vs. Senior State Prosecutor Velasco, G.R. Nos. 172070-72, June 1, 2007
12. Santos-Concio vs. Department of Justice, G.R. No. 175057, January 29, 2008
13. Presidential Ad Hoc Fact-Finding Committee on Behest Loans vs. Ombudsman Desierto, G.R. No.
135482, August 14, 2001
14. Ladiana vs. Peole of the Philippines, G.R. No. 144293, December 4, 2002
15. Arroyo vs. Department of Justice, G.R. No. 199082, July 23, 2013
16. Genil vs. Judge Rivera, A.M. No. MTJ-06-1619, January 23, 2006
17. Sierra vs. Lopez, Adm. Case No. 7549, August 29, 2008
18. Marcelo, Jr. vs. Villordon, G.R. No. 173081, December 15, 2010
19. Alawiya vs. Court of Appeals, G.R. No. 164170, April 16, 2009
20. Bitoon vs. Judge Toledo-Mupas, A.M. No. MTJ-05-1598, August 9, 2005
21. Aguirre vs. Secretary of the Department of Justice, G.R. No. 170723, March 3,
2008
22. Yu vs. Lim, G.R. No. 182291, September 22, 2010
23. The Law Firm of Chavez Miranda and Aseoche vs. Fria, G.R. No. 183014, August
7, 2013
24. Mendoza vs. People of the Philippines, G.R. No. 197293, April 21, 2014
25. Torres, Jr. vs. Aguinaldo, G.R. No. 164268, June 28, 2005
26. Santos vs. The People of the Philippines, G.R. No. 147615, January 20, 2003

RULE 113 – ARREST

1. People of the Philippines vs. Baloloy, G.R. No. 140740, April 12, 2002
2.Alva vs. Hon. Court of Appeals, G.R. No. 157331, April 12, 2006
3. People of the Philipines vs. Sevilla @ Baby and Gaspar, G.R. No. 124077,
September 5, 2000
4. People of the Philippines vs. Givera, G.R. No. 132159, January 18, 2001
5. Rebellion vs. People of the Philippines, G.R. No. 175700, July 5, 2010
6. Antiquera vs. People of the Philippines, G.R. No. 180661, December 11, 2013
7. People of the Philippines vs. Villareal, G.R. No. 201363, March 18, 2013
8. People of the Philippines vs. Agojo, G.R. No. 181318, April 16, 2009
9. People of the Philippines vs. Mariacos, G.R. No. 188611, June 16, 2010

RULE 114

1. People of the Philippines vs. Fitzgerald, G.R. No. 149723, October 27, 2006
2. Miranda vs. Tuliao, G.R. No. 158763, March 31, 2006
3. Judge Inoturan vs. Judge Limsiaco, Jr., A.M. No. MTJ-01-1362, May 6, 2005
4. Pantilo III vs. Judge Canoy, A.M. No. RTJ-11-2262, February 9, 2011
5. Maguddatu vs. Hon. Court of Appeals, G.R. No. 139599, February 23, 2000
6. CaÑeda vs. Judge Alaan, A.M. No. MTJ-01-1376, January 23, 2002

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7. Judge Vallarta vs. Lopez Vda. Batoon, A.M. No. P-99-1302, February 28, 2001
8. Ambil, Jr. vs. Sandiganbayan, G.R. No. 175457, July 6, 2011
9. San Miguel vs. Judge Maceda, A.M. No. RTJ-03-1749, April 4, 2007
10. Qui vs. People of the Philippines, G.R. No. 196161, September 26, 2012
11. Atty. Gacal vs. Judge Infante, A.M. No. RTJ- 04-1845, October 5, 2011
12. People of the Philippines vs. Singh, G.R. No. 129782, June 29, 2001
13. Trillanes IV vs. Judge Pimentel, Sr., G.R. No. 179817, June 27, 2008
14. Vicente vs. Judge Majaducon, A.M. No. RTJ-02-1698, June 23, 2005
15. Victory Liner, Inc. vs. Judge Bellosillo, A.M. No. MTJ-00-1321, March 10, 2004
16. Yap, Jr. vs. Court of Appeals, G.R. No. 141529, June 6, 2001

RULE 116

1. People of the Philippines vs. Pangilinan, G.R. No. 171020, March 14, 2007
2. The People of the Philippines vs. Asoy, G.R. No. 132059, June 29, 2001
3. People of the Philippines vs. Ong, G.R. No. 137348, June 21, 2004
4. People of the Philippines vs. Dy and Bernardino, G.R. Nos. 115236-37, January 29,
2002
5. People of the Philippines vs. Dawaton, G.R. No. 146247, September 17, 2002
6. People of the Philippines vs. Solamillo, G.R. No. 123161, June 18, 2003
7. Gamas and Sobrio vs. Oco, A.M. No. MTJ-99-1231, March 17, 2004
8. Spouses Trinidad vs. Ang, G.R. No. 192898, January 31, 2011

RULE 117

1. People of the Philippines vs. Odtuhan, G.R. No. 191566, July 17, 2013
2. Romualdez vs. The Honorable Sandiganbayan, G.R. No. 152259, July 29, 2004
3. Serana vs. Sandiganbayan, G.R. No. 162059, January 22, 2008
4. State Prosecutor and Special Prosecutor on SSS cases in Region V vs. Judge
Paqueo, Jr., G.R. No. 150606, June 7, 2007
5. Sasot and Sasot vs. People of the Philippines, G.R. No. 143193, June 29, 2005
6. Go vs. Bangko Sentral ng Pilipinas, G.R. No. 178429, October 23, 2009
7. Foz, Jr. vs. People of the Philippines, G.R. No. 167764, October 9, 2009
8. People of the Philippines vs. Garfin, G.R. No. 153176, March 29, 2004
9. People of the Philippines vs. Lumilan, Garcia and Orbiso, G.R. No. 102706,
January 25, 2000
10. People of the Philippines vs. Tan, G.R. No. 167526, July 26, 2010
11. Los Banos vs. Pedro, G.R. No. 173588, April 22, 2009
12. People of the Philippines vs. Panfilo M. Lacson, G.R. No. 149453, May 28, 2002,
April 1, 2003, October 7, 2003
13. Condrada vs. People of the Philippines, G.R. No. 141646, February 28, 2003
14. Panuncio vs. People of the Philippines, G.R. No. 165678, July 17, 2009
15. People of the Philippines vs. Gopio, G.R. No. 133925, November 29, 2000

RULE 118

1. People of the Philippines vs. Pepito, G.R. Nos. 147650-52, October 16, 2003
2. Daan vs. The Hon. Sandiganbayan, G.R. Nos. 163972-77, March 28, 2008
3. People of the Philippines vs. Bodoso, G.R. NO. 188129, July 5, 2010
4. Atty. Garayblas vs. Ong, G.R. Nos. 174507-30, August 3, 2011
5. The People of the Philippines vs. Hon. Judge Tac-an, G.R. No. 148000, February
27, 2003
6. People of the Philippines vs, Nicolas Guzman, G.R. No. 169246, January 26, 2007

RULE 119

People of the Philippines vs. Hon. Sandiganbayan, G.R. Nos. 158780-82, October 12,
2004

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The People of the Philippines vs. SPO1 Marcial, G.R. Nos. 152864-65, September 27,
2006
Baustista vs. Cuneta-Pangilinan, G.R. No., 189754, October 24, 2012
People of the Philippines vs. The Hon. Sandiganbayan, G.R. Nos. 185729-32, June
26, 2013
Re: Anonymous Letter dated August 12, 2010, complaining against Judge Ofelia T.
Pinto, Regional Trial Court, Branch 60, Angeles City, Pampanga, A.M. No. RTJ-11-
2289, October 2, 2012

RULE 120

Garces vs. Hernandez, Jr., G.R. No. 180761, August 9, 2010


Sanvicente vs. People of the Philippines, G.R. No. 132081, November 26, 2002
People of the Philippines vs. Lindo, G.R. No. 189818, August 9, 2010
People of the Philippines vs. Noque, G.R. No. 175319, January 15, 2010
People of the Philippines vs. Taruc, G.R. No. 185202, February 18, 2009
Cobarrubias vs. People of the Philippines, G.R. No. 160610, August 14, 2009
Guevarra vs. The Hon. Sandiganbayan, G.R. Nos. 138792-804. March 31, 2005
De Vera vs. De Vera, G.R. No. 172832, April 7, 2009
Tamayo vs. People of the Philippines, G.R. No. 174698, July 28, 2008

RULE 121 NEW TRIAL OR RECONSIDERATION

Lumanog vs. Hon. Salazar, G.R. No. 142065, September 7, 2001


Custodio vs. Sandiganbayan, G.R. Nos. 96027-28, March 08, 2005

RULE 122

People of the Philippines vs. Morales, G.R. No. 172873, March 19, 2010
People of the Philippines vs. Ochoa, G.R. No. 159252, March 11, 2005
Philippine Rabbit Bus Lines, Inc. vs. People of the Philippines, G.R. No. 147703, April
14, 2004
People of the Philippines vs. Court of Appeals, G.R. No. 172989, June 19, 2007
Lubrica vs. People of the Philippines, G.R. Nos. 156147-54, February 26, 2007
Tamayo vs. Court of Appeals , G.R. No. 147070, February 17, 2004
People of the Philippines vs. Latayada, G.R. No. 146865, February 18, 2004
Quidet vs. People of the Philippines, G.R. No. 170289, April 8, 2010
People of the Philippines vs. Sandiganbayan (1st Div.), G.R. NO. 164577, July 5, 2010
Sanchez vs. Far East Bank and Trust Company, G.R. No. 155309, November 15, 2005

RULE 124 – procedure in ca

1. People of the Philippines vs. Taruc, G.R. No. 185202, February 18, 2009
2. Polintan vs. People of the Philippines, G.R. No. 161827, April 21, 2009
3. Batistis vs. People of the Philippines, G.R. No. 181571, December 16, 200
4. People of the Philippines vs. Abon G.R. No. 169245, February 15, 2008
-qualified rape against aappellant,
-automatic review coz the penalty is death;
-to sc but referred to ca
-An appeal is a proceeding undertaken to have a decision reconsidered by bringing it to
a higher court authority.15 It is not a right but a mere statutory privilege16 to be
exercised only in the manner and in accordance with the provisions of law.
-before: if penalty life improsenment-notice of appeal to sc; review in case death penaly
to sc too
-now: notice of appeal to ca; review of dp to ca
-note: Republic Act No. (RA) 9346 or An Act Prohibiting the Imposition of the Death
Penalty in the Philippines, which took effect on June 29, 2006.
-

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RULE 126-searches and seizure

1. Worldwide Web Corporation vs. People of the Philippines, G.R. No. 161106,
January 13, 2014
2. United Laboratories, Inc. vs. Isip, G.R. No. 163858, June 28, 2005
3. People of the Philippines vs. NuÑez , G.R. No. 177148, June 30, 2009.
4. People of the Philippines vs. Mamaril, G.R. No. 171980, October 6, 2010
5. Yao vs. The People of the Philippines, G.R. No. 168306, June 19, 2007
6. Panuncio vs. People of the Philippines, G.R. NO. 165678, Julu 17, 2009
7. Tenorio vs. The Honorable Court of Appeals, G.R. No. 110604, October 10, 2003
8. People of the Philippines vs. Mariacos, G.R. No. 188611, June 16, 2010
9. People of the Philippines vs. Racho, G.R. No. 186529, August 3, 2010
10. Peopole of the Philippines vs. Peralta, G. R. No. 145176, March 30, 2004
11. Manly Sportwear Manufacturing, Inc. vs. Dadodette Enterprises and/or Hermes
Sports Center, G.R. No. 165306, September 20, 2005
12. Del Rosario vs. Donato, Jr., G.R. No. 180595, March 5, 2010
13. Chua, Jr. vs. Villanueva, G.R. No. 157591 December 16, 2005
-questioning the validity of Warrant of Seizure and Detention (WSD) No. 06-2001
.
Administrative Circular No. 07-99 (Entitled "RE EXERCISE OF UTMOST
CAUTION, PRUDENCE, AND JUDICIOUSNESS IN ISSUANCE OF TEMPORARY
RESTRAINING ORDERS AND WRITS OF PRELIMINARY INJUNCTION," dated June
25, 1999), cautioning lower court judges in their issuance of temporary
restraining orders and writs of preliminary injunctions, emphasized this lack
of jurisdiction of trial courts. It stressed, inter alia, the rule enunciated in
Mison v. Natividad (213 SCRA 734, September 11, 1992): that the Collector
of Customs has exclusive jurisdiction over seizure and forfeiture
proceedings.22
The rule that Regional Trial Courts have no review powers over such proceedings is
anchored upon the policy of placing no unnecessary hindrance on the government's
drive, not only to prevent smuggling and other frauds upon Customs, but more
importantly, to render effective and efficient the collection of import and export
duties due the State, which enables the government to carry out the functions it has
been instituted to perform.
Even if the seizure by the Collector of Customs were illegal, which has yet to be proven, we have said that such act does not deprive the
Bureau of Customs of jurisdiction thereon.

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