May 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected May 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure

Anti-Graft; causing undue injury. The elements of the offense of causing undue injury under R.A. 3019, Sec. 3(e) are as follows: (1) that the accused are public officers or private persons charged in conspiracy with them; (2) that said public officers commit the prohibited acts during the performance of their official duties or in relation to their public positions; (3) that they caused undue injury to any party, whether the Government or a private party; (4) that such injury is caused by giving unwarranted benefits, advantage or preference to such parties; and (5) that the public officers have acted with manifest partiality, evident bad faith or gross inexcusable negligence. In this case, only the first element was proven. The other elements were not. Thus, the presumption of regularity in the performance of one’s function remains unrebutted and enjoyed by petitioners. Anuncio C. Bustillo, et al. vs. People of the Philippines, G.R. No. 160718, May 12, 2010

Arrest; estoppel. An accused is estopped from assailing the legality of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground, which should be made before arraignment. In this case, the irregularity of the accused’s arrest was raised only in his appeal before the Court of Appeals. This is not allowed considering that he was already properly arraigned and even actively participated in the proceedings. He is therefore deemed to have waived this alleged defect when he submitted himself to the jurisdiction of the court. People of the Philippines vs. Joseph Amper y Repaso, G.R. No. 172708, May 5, 2010.

Arrest; posting of bail. The erstwhile ruling of this Court was that posting of bail constitutes a waiver of any irregularity in the issuance of a warrant of arrest has already been superseded by Section 26, Rule 114 of the Revised Rule of Criminal Procedure.  The principle that the accused is precluded from questioning the legality of the arrest after arraignment is true only if he voluntarily enters his plea and participates during trial without previously invoking his objections thereto. Section 26, Rule 114 of the Revised Rules on Criminal Procedure is a new one, intended to modify previous rulings of this Court that an application for bail or the admission to bail by the accused shall be considered as a waiver of his right to assail the warrant issued for his arrest on the legalities or irregularities thereon. The new rule has reverted to the ruling of this Court in People v. Red. The new rule is curative in nature because, precisely, it was designed to supply defects and curb evils in procedural rules. Thus, petitioners’ posting of bail bond should not be deemed as a waiver of their right to assail their arrest. Teodoro C. Borlongan, Jr. et al. vs. Magdaleno M. Peña, et al., G.R. No. 143591, May 5, 2010.

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June 2009 Philippine Supreme Court Decisions on Remedial Law, Legal/Judicial Ethics and Criminal Law

Here are selected June 2009 Philippine Supreme Court decisions on  remedial law, legal/judicial ethics and criminal law.

Remedial Law

Actions;  quasi in rem. The petition for cancellation of entries annotated at the back of OCT No. 40287 ought to have been directed against specific persons: namely, the heirs of Juan Soriano as appearing in Entry No. 20102 and, indubitably, against their successors-in-interest who have acquired different portions of the property over the years because it is in the nature of an action quasi in rem. Accordingly, the Salazars should have impleaded as party defendants the heirs of Juan Soriano and/or Vicenta Macaraeg as well as those claiming ownership over the property under their names because they are indispensable parties. This was not done in this case. Since no indispensable party was  ever impleaded by the Salazars in their petition for cancellation of entry filed before Branch 63 of the RTC of Tarlac, herein petitioners are not bound by the dispositions of the said court. Consequently, the judgment or order of the said court never even acquired finality. Zenaida Acosta, et al. vs. Trinidad Salazar, et al., G.R. No. 161034.  June 30, 2009

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