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Profissional Documentos
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Related
rule and
law
Doctrines/Lessons
PP
vs
Annabelle
Francisco
Rule 126
Search
and
Seizure; 1987
Constitution
Article 3 Sec 2
Is the
valid?
Whether
the
search warrant
is in the form of
a
general
warrant and is
thus void?
SEARCH
WARRANT
THE
SEARVH
ON
FRANCISC
OS
APPERTM
ENT 122 IS
INVALID
BECAUSE
THE
CONTROL
LING
SUBJECT
OF
ARREST
WARRANT
IS
THE
PLACE
INDICATE
D IN THE
WARRANT
Worldwide
Corporation
vs PLDT
GENERAL
WARRANT
not
particular
as to the
person
arrested or
the
property
seized
RA 6425 as
amended by
RA
7659
(CDDA)
Issue
(Corollary
to the
CRIM PRO)
search
Side:
Bakit
from RTC to
Supreme
Court?
Rule 126
Search
and
Seizure, Rule
110 Sec 5
PD
401,
Revised Penal
Code on Theft
Ruling
to be seized
In providing for a description of the place or thing to be
searched that will enable the officer making the search with
reasonable certainty to locate such place or thing sufficient
A search warrant need not describe the items to be seized in
precise and minute detail. The warrant is valid when it enables
police officers to readily identify the properties to be seized and
leaves them with no discretion regarding the articles to be
seized
A search warrant fulfils the requirement for the particularity of
the description of things to be seized when the thing described
are limited to those that bear a direct relation to the offense for
which the warrant is being issued
People
vs
Nacua
People vs.
Lamsen
MOTION
FOR
RECONSID
ERATION
and
New
trial
and
reconsidera
tion
Rule
125
Procedure in
the Supreme
Court
Eng. Dizon
vs.
Judge
Lopez
Article VII S
15
Constitution
Rule
120
Judgment
Whether
new
trial
and
reconsideration
should
be
granted
Whether Judge
Lopez
committed
a
violation
against the 3
month rule to
promulgate
a
decision
People
vs
Sandiganba
yan
June
26, 2013
STATE
WITNESS
People
vs
Manansala
MANANSA
LA
CONVICTE
D
OF
ILLEGAL
POSSESSI
ON
BECAUSE
ILLEGAL
POSSESSI
ON
IS
NECESSAR
ILY
INCLUDE
D
IN
ILLEGAL
SALE
People
Likiran
LIKIRAN
vs
Sec 17 Rule
119
Discharge of
an accused to
be
state
witness, Trial
Rules of Court
Sec 5 rule
120
on
Judgement
Rules of Court
Sec 2 Rule
118 on Pretrial
Whether
Mercado
may
be admitted as
state witness
Whether
the
accused
may
held guild of
illegal
possession
of
marijuana
despite the fact
that the charge
against him is
illegal sale
Whether
the
death
certificate may
be admitted in
WAS
CONVICTE
D
OF
MURDER
BECAUSE
THE
DEATH
CERTIFIC
ATE WAS
ACCEPTE
D HAVING
NOT BEEN
RAISED
DURING
PRE-TRIAL
People
Lara
vs
LARA WAS
CONVICTE
D
OF
ROBBERY
BECAUSE
ILLEGAL
ARREST IS
NOT
SUFFICIE
NT
TO
REVERSE
OR
SET
ASIDE
A
CONVICTI
ON THAT
WAS
ARRIVE
UPON
A
COMPLAI
NT DULY
FILED
AND
TRIAL
CONDUCT
ED
WITHOUT
ERROR
Rules of Court
on Motion to
Quash Sec 9
Rule 117
Also Sec 3
rule
117
grounds
for
motion
to
quash for lack
of jurisdiction
over
the
person of the
accused
Rights of the
Accused
evidence?
Whether
the
court
should
dismiss
the
case on the
ground
of
illegal arrest?
Francisco
vs. CA
FRANCISC
O
WAS
DENIED
PROBATIO
N
BECAUSE
HE FILED
AN
APPEAL
People
vs
Rodriguez
RODRIGU
EZ
WAS
ACQUITTE
D
BECAUSE
THE
COURT
ACQUITTE
D HIS COACCUSED
Probation
Law
in
relation
to
judgement,
appeal of the
rules of court
CALANGA
NG
WAS
CORRECT
IN FILING
FOR RULE
65
Whether
petitioner
should
allowed
apply
probation?
Whether
the
Rodriguez
be
acquitted of the
charge despite
not appealing.
Whether
petitioner was
correct in filing
for under rule
65 and whether
new
trial
should
be
allowed
be
to
for
The multiple prison terms are distinct from each other and if
none of the terms exceeds the limit set out in probation law i.e
not more than 6 years, then he is entitled to probation unless
he is otherwise specifically disqualified
Rules of Court
on Appeal Sec
11 Rule 22
Article III Sec
12 of the 1987
Constitution
Rights of the
Accused
during
Custodial
Investigation
Calangan
vs People
Appeal
Motion
new trial
for
Procedure in
the Court of
Appeals
BECAUSE
RULE
41
DISALLOW
S
denied
People
vs
Monica
Mendoza
Motion
to
quash
illegal arrest,
illegal search
Should
the
court consider
her claim of
illegal arrest
People
Panlilio
Jurisdiction,
Section
15
Rules 110
Whether
the
court where the
PD
523
complaint has
jurisdiction
over the case
vs