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  Philippine Supreme Court Jurisprudence > Year 2016 > October 2016 Decisions > G.R. No. 219584, October 17, 2016 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. PLACIDO GOCO Y OMBROG, Accused-Appellant.:
 

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Accused-Appellant.

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FIRST DIVISION

G.R. No. 219584, October 17, 2016

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PLACIDO GOCO Y OMBROG, Accused-Appellant.

DECISION

PERLAS-BERNABE, J.:

Before the Court is an ordinary appeal1 filed by accused-appellant Placido Goco y Ombrog (Goco) assailing the
Decision2 dated June 30, 2014 of the Court of Appeals (CA) in CA-G.R. CR. No. 00737, which affirmed with modification
the Decision3 dated July 23, 2007 of the Regional Trial Court of Catarman, Northern Samar, Branch 19 (RTC) in Criminal
Case Nos. C-3520 and C-3521, finding Goco guilty of violating Sections 5 and 11, Article II of Republic Act No. (RA)
9165,4 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."

The Facts

The instant case stemmed from two (2) Informations filed before the RTC accusing Goco of violating Sections 55 and
11,6 Article II of RA 9165, viz.:

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Criminal Case No. C-3520

DebtKollect Company, Inc. The undersigned Provincial Prosecutor of Northern Samar accuses PLACIDO GOCO y OMBROG of the
crime of VIOLATION OF SECTION 5 ARTICLE II OF REPUBLIC ACT 9165 (Sale of Dangerous Drugs),
committed as follows:

That on or about the 25th day of June 2003, at about 9:30 o'clock in the morning, in Barangay Jose
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Abad Santos, Municipality of Catarman, Province of Northern Samar, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, with intent to violate said provisions of
law, while the joint team of the Philippine Drug Enforcement Agency (PDEA) and the Northern Samar
Police Provincial Office (NSPPO) were conducting a buy-bust operation in said place, did then and there
willfully, unlawfully and feloniously sale [sic], distribute and deliver to P0[2] Joel Emano the policeman
who acted as poseur buyer, One (1) sachet of Methamphetamine Hydrochloride known as "Shabu", a
regulated drug, weighing 0.4 grams, valued at TWO HUNDRED PESOS (Php.200.00) without securing the
necessary permit or license to do the same from any competent authority.

CONTRARY TO LAW.7 chanrobleslaw

Criminal Case No. C-3521

The undersigned Provincial Prosecutor of Northern Samar accuses PLACIDO GOCO Y OMBROG of the
crime of VIOLATION OF SECTION 11 ARTICLE II OF REPUBLIC ACT 9165, otherwise known as
DANGEROUS DRUG[S] ACT of2002, committed as follows:
ChanRobles Intellectual Property Division
That on or about the 25th day of June 2003 at about 9:30 o'clock in the morning, in Barangay Jose
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 Abad Santos, Municipality of Catarman, Province of Northem Samar, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, with deliberate intent to violate the said
provisions of law, did then and there, willfully, unlawfully, and feloniously have in his possession, custody
and control 3 sachets of metamphetamine hydrochloride locally known as "Shabu" with estimated
weight of One point four (1.4) grams, a regulated drug without first securing the necessary permit or
license to possess the same from competent authority.

CONTRARY TO LAW.8 chanroblesvirtuallawlibrary

The prosecution alleged that on June 24, 2003 P02 Joel Emano,9 (P02 Emano) a Philippine Drug Enforcement Agency
(PDEA) agent, received a tip from a civilian informant that a shipment of shabu had arrived in Catarman and Goco was
one of the recipients. He relayed the information to P/Insp. Arnel Gualvez, Chief of Police of Catarman station, who
formed a team composed of P02 Emano, SP03 Rogelio Belga (SP03 Belga), and SP04 Jesus Cabagsang (SP04
Cabagsang). P02 Emano was designated as the poseur-buyer for the entrapment operation and was thus provided with
marked money in the amount of P200.00. Later that evening, P02 Emano and the informant surveilled Goco's drug
activities.10 chanrobleslaw

At around 7:00 o'clock in the morning of June 25, 2003, P02 Emano and the informant met Goco at the market of
Barangay Narra, Catarman, where the informant introduced P02 Emano as the buyer of the drugs. After ordering P200.00
worth of shabu from Goco, the latter instructed P02 Emano to meet him in front of the Fajardo residence in Barangay
Jose Abad Santos as he did not have the shabu at the time. P02 Emano returned to the Catarman Police Station to plan
the operation with the other team members, and they agreed that he would remove his hat to signify the consummated
  sale. Later that day, the buy-bust team proceeded to Barangay Jose Abad Santos. Upon their arrival at around 9:30 in the
morning, they stationed themselves near the Fajardo residence. P02 Emano met with Goco, who handed him a sachet
containing a white crystalline substance in exchange for the buy-bust money. With the sale consummated, P02 Emano
  gave th prearranged signal by removing his hat, prompting the back-up officers to rush in and arrest Goco. P02 Emano
read to Goco his constitutional rights and frisked him, which yielded three (3) more sachets of shabu, the buy-bust
money, and cash amounting to P320.00. After the arrest, Goco and the seized drugs were transported to the police
  station for investigation. P02

  Emano turned over the seized items to the investigator who, in turn, handed them over to the PDEA Provincial Office. The
items were then brought to the Crime Laboratory for examination, which were received by a certain POl Dennis Ecito
(PO1 Ecito) and examined by P/lnsp. Benjamin Aguirre Cruto, Jr., (P/Insp. Cruto). The items yielded a positive result for
  the presence of methamphetamine hydrochloride or shabu, an illegal drug.11 chanrobleslaw

 
  October-2016 Jurisprudence               In his defense, Goco denied selling or possessing the illegal drugs. He claimed that in the morning of June 25, 2003, he
   went to a quack doctor for treatment. After the said visit, he went to the house of Manuel Ching (Ching) to buy fish, but
as the latter was leaving to buy fish feed, Goco accompanied him. They then walked to the house of a certain de Guzman
G.R. No. 201809, October 11, 2016 - H. SOHRIA PASAGI and waited to hail a pedicab. While waiting, P02 Emano and SP03 Belga arrived on a motorcycle, parked in front of them,
DIAMBRANG, Petitioner, v. COMMISSION ON ELECTIONS AND H. and alighted from the vehicle. SP03 Belga held Goco's hand, while P02 Emano frisked him. Goco was made to ride the
HAMIM SARIP PATAD, Respondent. motorcycle with P02 Emano and SP03 Belga, and was brought to the police station. Goco was then investigated and
G.R. No. 212686, October 05, 2016 - SERGIO R. OSMEÑA III,
detained.12 chanrobleslaw

Petitioner, v. POWER SECTOR ASSETS AND LIABILITIES

MANAGEMENT CORPORATION, EMMANUEL R. LEDESMA, JR., SPC Upon arraignment on October 10, 2003, Goco pleaded not guilty to both charges against him.13 chanrobleslaw

POWER CORPORATION, AND THERMA POWER VISAYAS, INC.,

Respondents. The RTC Ruling
G.R. Nos. 221562-69, October 05, 2016 - COMMO. LAMBERTO R.
TORRES (RET.), Petitioner, v. SANDIGANBAYAN (FIRST DIVISION) In a Decision 14 dated July 23, 2007, the RTC found Goco guilty beyond reasonable doubt of the crimes charged, and
AND PEOPLE OF THE PHILIPPINES, Respondents. accordingly, sentenced him to suffer the penalty of imprisonment for a period of twelve (12) years and one (1) day to
twenty (20) years and ordered to pay a fine in the amount of P200,000.00 for each violation of Section 5 and Section 11,
A.C. No. 8494, October 05, 2016 - SPOUSES EMILIO AND ALICIA Article II of RA 9165.
JACINTO, Complainants, v. ATTY. EMELIE P. BANGOT, JR.,
Respondent.
The RTC held that the prosecution had established all the elements to secure convictions under Sections 5 and 11,
G.R. No. 210903, October 11, 2016 - PHILIPPINE ECONOMIC Article II of RA 9165 for illegal sale and illegal possession of dangerous drugs, respectively. It observed that the sale of
ZONE AUTHORITY (PEZA), Petitioner, v. COMMISSION ON AUDIT shabu between Goco and P02 Emano was consummated, and when arrested, a search made on Goco's person yielded
(COA) AND HON. MA. GRACIA M. PULIDO TAN, CHAIRPERSON, three (3) more sachets of shabu. The four (4) sachets of shabu were presented in court and identified by P02 Emano as
COMMISION ON AUDIT, Respondent.
the same sachets taken from Goco. Further, it gave no credence to Goco's defense of alibi and denial, which paled in
A.C. No. 4269, October 11, 2016 - DOLORES NATANAUAN, light of P02 Emano's positive identification of Goco as the seller of shabu.15 chanrobleslaw

Complainant, v. ATTY. ROBERTO P. TOLENTINO, Respondent.

Dissatisfied, Goco elevated his conviction before the CA.16 chanrobleslaw

G.R. No. 198127, October 05, 2016 - CO IT a.k.a. GONZALO CO

IT, Petitioner, v. ANTHONY CO, MARY CO CHO, PETER CO AND LUCY
SO HUA TAN CO, Respondent. The CA Ruling

G.R. No. 167952, October 19, 2016 - GONZALO PUYAT & SONS, In a Decision17 dated June 30, 2014, the CA affirmed Goco's conviction with modification, sentencing Goco to suffer the
INC., Petitioner, v. RUBEN ALCALDE (DECEASED), SUBSTITUTED BY penalty of life imprisonment and ordering him to pay a fine in the amount of P500,000.00 for violating Section 5, Article II
GLORIA ALCALDE, REPRESENTATIVE OF THE FARMER‐ of RA 9165.
BENEFICIARIES, Respondent.

A.C. No. 8168, October 12, 2016 - SPOUSES EDWIN B. BUFFE The CA held that the testimonies of P02 Emano, SP03 Belga, and SP04 Cabagsang only differed on minor points but
AND KAREN M. SILVERIO-BUFFE, Complainants, v. SEC. RAUL M. they were all consistent on material points, i.e., that Goco sold the drugs to P02 Emano on June 25, 2003, and three (3)
GONZALEZ, USEC. FIDEL J. EXCONDE, JR., AND CONGRESSMAN more sachets of shabu were recovered from him. It gave no credence to Goco's defense of denial, and noted that he
ELEANDRO JESUS F. MADRONA, Respondent. failed to adduce sufficient evidence to overcome the presumption of regularity accorded to police officers in the
G.R. No. 212483, October 05, 2016 - PHILIPPINE NATIONAL performance of their official duties.18 chanrobleslaw

BANK, Petitioner, v. VENANCIO C. REYES, JR., Respondent.

Undaunted, Goco filed the instant appeal.
G.R. No. 218952, October 19, 2016 - PEOPLE OF THE
PHILIPPINES, Appellee, v. AURELIO GUILLERGAN Y GULMATICO, The Issue Before the Court
Appellant.

G.R. No. 219037, October 19, 2016 - RCBC SAVINGS BANK, The issue for the Court's resolution is whether or not Goco's conviction for illegal sale and illegal possession of
Petitioner, v. NOEL M. ODRADA, Respondent. dangerous drugs, respectively defined and penalized under Sections 5 and 11, Article II of RA 9165, should be upheld.

G.R. No. 208535, October 19, 2016 - LEO'S RESTAURANT AND The Court's Ruling
BAR CAFÉ MOUNTAIN SUITE BUSINESS APARTELLE, LEO
Y. LUA AND AMELIA LUA, Petitioners, v. LAARNE C. BENSING,
Respondent. The appeal is meritorious.

G.R. No. 216671, October 03, 2016 - JERWIN DORADO, At the outset, it must be stressed that an appeal in criminal cases opens the entire case for review, and it is the duty of
Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. the reviewing tribunal to correct, cite, and appreciate errors in the appealed judgment whether they are assigned or
unassigned.19 The appeal confers the appellate court full jurisdiction over the case and renders such court competent to
G.R. No. 225044, October 03, 2016 - MANILA DOCTORS
COLLEGE AND TERESITA O. TURLA, Petitioners, v. EMMANUEL M. examine records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal
OLORES, Respondent. law.20chanrobleslaw

G.R. No. 205090, October 17, 2016 - GREENSTAR EXPRESS, INC. Goco was charged with illegal sale and illegal possession of dangerous drugs defined and penalized under Sections 5
AND FRUTO L. SAYSON, JR., Petitioners, v. UNIVERSAL ROBINA and 11, Article II of RA 9165, respectively.
CORPORATION AND NISSIN UNIVERSAL ROBINA CORPORATION,
Respondent.
In order to secure the conviction of an accused charged with illegal sale of dangerous drugs, the prosecution must
G.R. No. 221062, October 05, 2016 - ELIZABETH SY-VARGAS, establish the following: (a) the identities of the buyer, seller, object, and consideration; and (b) the delivery of the thing
Petitioner, v. THE ESTATE OF ROLANDO OGSOS, SR. AND ROLANDO sold and the payment for it.21 What remains material for conviction is proof that the transaction took place, coupled with
OGSOS, JR., Respondent. the presentation in court of the corpus delicti.22 On the other hand, in order to convict an accused for illegal possession
G.R. No. 196134, October 12, 2016 - VALENTIN S. LOZADA, of dangerous drugs, the prosecution must prove that: (a) the accused was in possession of an item or object identified
Petitioner, v. MAGTANGGOL MENDOZA, Respondent. as a dangerous drug; (b) such possession was not authorized by law; and (c) the accused freely and consciously
possessed the said drug.23 chanrobleslaw
 G.R. No. 171420, October 05, 2016 - AURORA A. SALES, In both cases, it is essential that the identity of the prohibited drug be established beyond reasonable doubt. In order to
Petitioner, v. BENJAMIN D. ADAPON, OFELIA C. ADAPON AND obviate any unnecessary doubts on the identity of the dangerous drugs, the prosecution has to show an unbroken chain
TEOFILO D. ADAPON, Respondent.
of custody over the same. It must be able to account for each link in the chain of custody over the dangerous drug, from
G.R. No. 191825, October 05, 2016 - DEE JAY'S INN AND CAFE the moment of seizure up to its presentation in court as evidence of the corpus delicti.24 chanrobleslaw

AND/OR MELINDA FERRARIS, Petitioners, v. MA. LORINA RAÑESES,

Respondent. In this relation, Section 21, Article II of RA 9165 provides the chain of custody rule, outlining the procedure that police
officers must follow in handling the seized drugs, in order to preserve their integrity and evidentiary value.25 Under the
G.R. No. 171865, October 12, 2016 - PHILIPPINE NATIONAL
cralawred

BANK, Petitioner, v. HEIRS OF BENEDICTO AND AZUCENA ALONDAY, said section, the apprehending team shall, immediately after seizure and confiscation, conduct a physical inventory and
Respondent. photograph the seized items in the presence of the accused or the person from whom the items were seized, his
representative or counsel, a representative from the media and the Department of Justice, and any elected public official
G.R. No. 191150, October 10, 2016 - NATIONAL ASSOCIATION who shall be required to sign the copies of the inventory and be given a copy of the same.26 The Implementing Rules
OF ELECTRICITY CONSUMERS FOR REFORMS (NASECORE), and Regulations (IRR) mirror the content of Section 21 of RA 9165 but adds that the said inventory and photography may
REPRESENTED BY PETRONILO ILAGAN, FEDERATION OF VILLAGE
ASSOCIATIONS (FOVA), REPRESENTED BY SIEGFRIEDO VELOSO, be conducted at the nearest police station or office of the apprehending team in instances of warrantless seizure, and
AND FEDERATION OF LAS PIÑAS VILLAGE ASSOCIATIONS (FOLVA), that non-compliance with the requirements of Section 21 of RA 9165- under justifiable grounds- will not render void
REPRESENTED BY BONIFACIO DAZO, Pemtitioners, v. MANILA and invalid the seizure and custody over the seized items so long as the integrity and evidentiary value of the seized
ELECTRIC COMPANY (MERALCO), Respondent. items are properly preserved by the apprehending officer or team.27 chanrobleslaw

G.R. No. 208351, October 05, 2016 - BENJAMIN RUSTIA, JR.,

BENJAMIN RUSTIA, SR., AND FAUSTINO "BONG" RUSTIA, As a general rule, the apprehending team must strictly comply with the procedure laid out in Section 21 of RA 9165 and
Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent. the IRR. However, their failure to do so does not ipso facto render the seizure and custody over the items as void and
invalid if: (a) there is justifiable ground for non-compliance; and (b) the integrity and evidentiary value of the seized items
I.P.I. No. 16-243-CA-J, October 11, 2016 - ARTHUR F. MORALES are properly preserved.28
I, Complainant, v. LEONCIA REAL-DIMAGIBA, JHOSEP Y. LOPEZ,
chanrobleslaw

AND RAMON R. GARCIA, ASSOCIATE JUSTICES, FIFTEENTH

DIVISION, COURT OF APPEALS, MANILA, Respondents. Chain of custody means the duly recorded authorized movements and custody of seized drugs or controlled chemicals
from the moment of seizure, to receipt of the same by the forensic laboratory, to safekeeping, and finally to the
G.R. No. 215038, October 17, 2016 - NORMA C. MAGSANO, presentation of the drugs or chemicals in court for destruction.29 The chain of custody requirement is strictly applied
ISIDRO C. MAGSANO, RICARDO C. MAGSANO, ROQUE C. MAGSANO, when the evidence sought to be presented is not distinctive and not readily identifiable, or when its condition at the time
JR., NIDA M. CAGUIAT, PERLITA MAGSANO, AND SALVADOR C. of testing or trial is critical, or when a witness has
MAGSANO, Petitioners, v. PANGASINAN SAVINGS AND LOAN BANK,
INC. AND SPOUSES EDDIE V. MANUEL AND MILAGROS C.
BALLESTEROS, SUBSTITUTED BY HER HEIRS: GEMMA C. MANUEL‐ failed to observe its uniqueness. The same standard applies to evidence susceptible to alteration, tampering,
PEREZ, ANGELO JOHNDREW MANUEL, AND RESSY C. MANUEL, contamination, and substitution or exchange. In other words, the exhibit's level of susceptibility to fungibility, alteration,
Respondents. or tampering dictates the level of strictness in the application of the chain of custody rule.30 One of the physical
characteristics of shabu is that it is fungible in nature, and similar in appearance to substances used by people in their
A.C. No. 8638, October 10, 2016 - DATU BUDENCIO E.
DUMANLAG, Complainant, v. ATTY. WINSTON B. INTONG, daily activities. As it is not readily distinguishable from other substances, and from other samples of shabu, the chain of
Respondent. custody requirement must be strictly complied with in order to render it improbable that the seized items are exchanged
with another, or contaminated, or tampered with.31 chanrobleslaw

G.R. Nos. 177857-58, October 05, 2016 - PHILIPPINE COCONUT

PRODUCERS FEDERATION, INC. (COCOFED), MANUEL V. DEL After a judicious perusal of the records, the Court finds that the prosecution failed to show that the integrity and
ROSARIO, DOMINGO P. ESPINA, SALVADOR P. BALLARES, JOSELITO
A. MORALEDA, PAZ M. YASON, VICENTE A. CADIZ, CESARIA DE evidentiary value of the seized items were preserved, and that the police officers' non-compliance with Section 21 of RA
LUNA TITULAR, AND RAYMUNDO C. DE VILLA, Petitioners, v. 9165 and the IRR was justified. Resultantly, the integrity and identity of the items purportedly seized from Goco are put
REPUBLIC OF THE PHILIPPINES, Respondent.; WIGBERTO E. into question, militating against a finding of guilt beyond reasonable doubt.
TAÑADA, OSCAR F. SANTOS, SURIGAO DEL SUR FEDERATION OF
AGRICULTURAL COOPERATIVES (SUFAC) AND MORO FARMERS In order to fulfill the chain of custody requirement, the prosecution must identify the persons who handled the seized
ASSOCIATION OF ZAMBOANGA DEL SUR (MOFAZS), REPRESENTED
BY ROMEO C. ROYANDOYAN, Intervenors.; G.R. No. 178193 - items from seizure ug until their presentation in court as evidence. To do so, the prosecution must present testimonies
DANILO B. URSUA, Petitioner, v. REPUBLIC OF THE PHILIPPINES, about every link in the chain, in such a way that every person who touched the illegal drugs would describe how and
Respondent. from whom they were received, where they were and what happened to them while in his or her possession, the
condition in which he or she received them, and their condition upon delivery. The witnesses must describe the
A.C. No. 7388, October 19, 2016 - ATTY. RUTILLO B. PASOK, precautions taken to ensure that there was no change in the condition of the illegal drugs and no opportunity for
Complainant, v. ATTY. FELIPE G. ZAPATOS, Respondent. someone not in the chain to have possessed the said items. Also, crucial in proving the chain of custody is the marking
G.R. No. 220761, October 03, 2016 - PEOPLE OF THE of the seized drugs or other related items immediately after they are seized from the accused.32 chanrobleslaw

PHILIPPINES, Plaintiff-Appellee, v. EDDIE OLAZO, MIGUEL CORDIS,

CHARITO FERNANDEZ AND ROGELIO LASCONIA, Accused,; In this instance, the prosecution failed to show who handled the seized items after P02 Emano took hold of them, how
CHARITO FERNANDEZ, Accused-Appellant. their custody was transferred to another, who marked the seized sachets of drugs, and when and how they were marked.
G.R. No. 214875, October 17, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ARIELLAYAG ACCUSED- P02 Emano's testimony as the poseur-buyer, as well as the initial link in the chain of custody, is sparse on the matters of
APPELLANTS., Respondent. marking of the seized items and the transfer of custody:

G.R. No. 219584, October 17, 2016 - PEOPLE OF THE chanRoblesvirtualLawlibrary

PHILIPPINES, Plaintiff-Appellee, v. PLACIDO GOCO Y OMBROG,

Accused-Appellant. [Prosecutor Leo C. Francisco (Pros. Francisco)]: Now, you said that you arrested [Goco] together with
G.R. No. 192679, October 17, 2016 - ANTONIO ESCOTO, the members ofthe group after arresting him what did you do?
Petitioner, v. PHILIPPINE AMUSEMENT AND GAMING
CORPORATION, Respondent. [P02 Emano]: After arresting him we noticed a pack of marlboro on his

G.R. No. 216023, October 05, 2016 - DR. RESTITUTO C. waist we took it from his waist and we still found another three (3) more sachets of shabu, the marked
BUENVIAJE, Petitioner, v. SPOUSES JOVITO R. AND LYDIA B.
money and another P320.00 aside from the marked money.
SALONGA, JEBSON HOLDINGS CORPORATION AND FERDINAND
JUAT BAÑEZ, Respondent.
Q: Then what did you do after that?
G.R. No. 206691, October 03, 2016 - ATTY. RAYMUND P. PALAD, A: We brought him to the police station for investigation; we turned over him to the investigation room
Petitioner, v. LOLIT SOLIS, SALVE V. ASIS, AL G. PEDROCHE AND and I do not know what happened there.
RICARDO F. LO, Respondents.

G.R. No. 206534, October 05, 2016 - JULIA LIM ROSARIO, xxxx
MERCEDES LIM CUSTODIO AS REPRESENTED BY DONNO
CUSTODIO, NORMA LICARDO, AND LEILA ESPIRITU, Petitioners, v. Q: Now, when [Goco] was brought to the investigation section was there an investigation conducted
ALFONSO LIM, Respondent. upon him?
G.R. No. 198782, October 19, 2016 - ALLAN BAZAR, Petitioner, v. A: I don't know, because I just brought him to the investigation section after his arrest then I left.
CARLOS A. RUIZOL, Respondent.

G.R. No. 191823, October 05, 2016 - DEE JAY'S INN AND CAFE xxxx
AND/OR MELINDA FERRARIS, Petitioners, v. MA. LORINA RAÑESES,
Respondent. Q: What did you do with the shabu which you confiscated from the accused?
G.R. No. 207898, October 19, 2016 - ERROL RAMIREZ, JULITO
APAS, RICKY ROSELO AND ESTEBAN MISSION, JR., Petitioners, v. A: The chief of police turned over it to the Provincial Director of the PDEA and turned it over to the
POLYSON INDUSTRIES, INC. AND WILSON S. YU, Respondent. Crime Laboratory in Palo, Leyte.33 chanrobleslaw

G.R. No. 223561, October 19, 2016 - PEOPLE OF THE x x x x (Emphases and underscoring supplied)
PHILIPPINES, Plaintiff-Appellee, v. JIMMY PITALLA, JR. Y DIOSA
A.K.A. "BEBE," Accused-Appellant.

G.R. No. 196670, October 12, 2016 - ALLIED BANKING Similarly, the testimony of SP03 Belga exhibited a dearth of information as to who had custody over the illegal drugs
CORPORATION, Petitioner, v. SPOUSES RODOLFO AND GLORIA after P02 Emano seized the same from Goco, and whether the same were even marked:
MADRIAGA, Respondents.
chanRoblesvirtualLawlibrary

G.R. No. 192282, October 05, 2016 - A. NATE CASKET MAKER

AND/OR ARMANDO AND ANELY NATE, Petitioners, v. ELIAS V. [Pros. Francisco]: You mentioned of that shabu, where did you recovered [sic] that shabu?
ARANGO, EDWIN M. MAPUSAO, JORGE C. CARIÑO, JERMIE
MAPUSAO, WILSON A. NATE, EDGAR A. NATE, MICHAEL A.
MONTALES, CELSO A. NATE, BENJES A. LLONA AND ALLAN A. [SP03 Belga]: It was only [P02 Emano] and the investigator who recovered it at the police station.
MONTALES, Respondent.
xxxx
A.C. No. 6767, October 05, 2016 - ELIZABETH RECIO,
Complainant, v. ATTY. JOSELITO I. FANDIÑO, Respondent. Q: Where were you when that transaction transpired?
G.R. No. 187544, October 03, 2016 - MARILOU BALASBAS, A: In Barangay Abad Santos.
FELIPE OLEGARIO, JOSE NARYAEZ, RODOLFO BUMANLAG,*
TEODORO MISIA, MARCELINO VILA, HILARIO ALCALA, MACARIO Q: Did you witness?
CORDOVA, SALVADOR ABAIGAR, ATILANO BACUD & LEONIDES A: Yes, sir, because ofthe short distance.
BOLVIDO, Petitioners, v. ROBERTO L. UY REALTY & DEVELOPMENT
CORPORATION, Respondent.
Q: Who were involved?
G.R. No. 211539, October 17, 2016 - THAMERLANE M. PEREZ, A: [P02 Emano]
Petitioner, v. DOMINADOR PRISCILLA RASACEÑA, NAVARRO AND
ADELFA LIM, Respondent. Q: Of course there were also other persons and who was that?
A: [SP04 Cabagsang]
G.R. No. 179566, October 19, 2016 - SPOUSES LORETO G.
NICOLAS AND LOLITA SARIGUMBA, Petitioners, v. AGRARIAN
REFORM BENEFICIARIES ASSOCIATION (ARBA), AND FARMERS Q: Who buy-bust the item?
ASSOCIATION OF DAVAO CITY KMPI, FELIPE RAMOS, HILARIO A: [P02 Emano]
PASIOL, ROGELIO ASURO, ARTURO ATABLANCO, RODRIGO
ATABLANCO, BONIFACIO ATIMANA, PATRICIO AVILA, CRISANTO Q: From whom?
BACUS, ERNESTO DONAHAN, SR., NESTOR LOCABERTE, MANILO A: [Goco]
REYES, ANDRES SAROL, SHERLITO TAD-I, ANTONIO TANGARO,
OLIGARIO TANAGARO,* CRISITUTO TANGARO,** FELICIANO
TANGARO, GODOFREDO NABASCA, WENNIE ALIGARME, PEDRO xxxx
TATOY, JR., FELIPE UMAMALIN, PEDRO TATOY, SR., ANTONIO
YANGYANG, ROMEO GANTUANGCO, VICTOR ALIDON, JAIME TATOY Q: Now, after this [Goco] was brought to the PNP what happened there?
AND JESUS TATOY, JR., Respondents. A: We took him to the investigator.
G.R. No. 208410, October 19, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MARY JOY CILOT Y MARIANO xxxx
AND ORLANDO BRIGOLE Y APON, Accused-Appellants.
[Court]: [Were you] actually involved in the actual buy-bust?
G.R. No. 168134, October 05, 2016 - FERRO CHEMICALS, INC., A: Yes, sir. Your Honor.
Petitioner, v. ANTONIO M. GARCIA, ROLANDO NAVARRO, JAIME Y.
GONZALES AND CHEMICAL INDUSTRIES OF THE PHILIPPINES,
INC., Respondents.; G.R. NO. 168183 - JAIME Y. GONZALES, Q: So, you acted as what?
Petitioner, v. HON. COURT OF APPEALS AND FERRO CHEMICALS, A: Team Leader.
INC., Respondents.; G.R. NO. 168196 - ANTONIO M. GARCIA,
Petitioner, v. FERRO CHEMICALS, INC., Respondent. Q: Aside from being a team leader what other role, did you act as a poseur-buyer?
A: No, Your Honor.
G.R. Nos. 188642 & 189425, October 17, 2016 - AGDAO
RESIDENTS INC., THE DIRECTORS LANDLESS LANDLESS
ASSOCIATION, BOARD OF OF AGDAO ASSOCIATION, INC., IN THEIR Q: What was your role?
PERSONAL CAPACITY NAMELY: ARMANDO JAVONILLO, MA. A: To arrest.
ACELITA ARMENTANO, ALEX JOSOL, ANTONIA AMORADA, JULIUS
ALINSUB, POMPENIANO ESPINOSA, JR., SALCEDO DE LA CRUZ, Q: Did you actually see the actual buy-bust?
CLAUDIO LAO, CONSORCIO DELGADO, ROMEO CABILLO, RICARDO A: Yes, Your Honor.
BACONG, RODOLFO GALENZOGA, BENJAMIN LAMIGO, AND
ASUNCION A. ALCANTARA, Petitioners, v. ROLANDO MARAMION,
LEONIDAS JAMISOLA, VIRGINIA CANOY, ELIZABETH GONZALES, Q: What did you see?
CRISPINIANO QUIRE-QUIRE, ERNESTINO DUNLAO, ELLA A: What I saw was [P02 Emano] stopped a person and inform him [sic] by saying "we are arresting you
DEMANDANTE, ELLA RIA DEMANDANTE, ELGIN DEMANDANTE, and we are policemen and you are in possession of shabu."34 (Emphasis and underscoring supplied)
SATURNINA WITARA, VIRGILIO DAYONDON, MELENCIA
MARAMION, ANGELICA PENKIAN, PRESENTACION TAN, HERNANI
GREGORY, RUDY GIMARINO, VALENTIN CAMEROS, RODEL
CAMEROS, ZOLLO JABONETE, LUISITO TAN, JOSEPH QUIRE-QUIRE, Meanwhile, SP04 Cabagsang denied any involvement in the buy-bust operation, despite being tagged by both SP03
ERNESTO DUNLAO, JR., FRED DUNLAO, LIZA MARAMION, CLARITA Belga35 and P02 Emano36 as a member of the buy-bust team:
ROBILLA, RENATO DUNLAO AND PRUDENCIO JUARIZA, JR.,
Respondents.; G.R. NOS. 188888-89 - ROLANDO MARAMION, chanRoblesvirtualLawlibrary

LEONIDAS JAMISOLA, VIRGINIA CANOY, ERNESTINO DUNLAO,

ELLA DEMANDANTE, ELLA RIA DEMANDANTE, ELGIN [Pros. Francisco]: How about you were you not a member of the team who conducted the buy-bust
DEMANDANTE, SATURNINA WITARA, MELENCIA MARAMION, LIZA
MARAMION, ANGELICA PENKIAN, PRESENTACION TAN, AS operation? [sic]
SUBSTITUTED BY HIS LEGAL HEIRS: HERNANI GREGORY, RUDY
GIMARINO, RODEL CAMEROS, VALENTIN CAMEROS, VIRGILIO [SP04 Cabagsang]: No, I am not a member of the team but I just stay in the Office. [sic]
DAYONDON, PRUDENCIO JUARIZA, JR., ZOILO JABONETE, LUISITO
TAN, ERNESTINO DUNLAO, JR., FRED DUNLAO, CLARITA ROBILLA, xxxx
AND RENATO DUNLAO, Petitioners, v. AGDAO LANDLESS
RESIDENTS ASSOCIATION, INC., THE DIRECTORS LANDLESS
BOARD OF OF AGDAO RESIDENTS ASSOCIATION, INC., IN THEIR Q: In view of the apprehension of [Goco] what did you do?
PERSONAL CAPACITY, NAMELY: ARMANDO JAVONILLO, MA. A: Nothing. (witness is shaking his head) 37 chanrobleslaw

ACELITA ARMENTANO, ALEX JOSOL, ANTONIA AMORADA, JULIUS

ALINSUB, POMPENIANO ESPINOSA, JR. JACINTO BO-OC, x x x x (Emphasis and underscoring supplied.)
HERMENIGILDO DUMAPIAS, SALCEDO DE LA CRUZ, CLAUDIO LAO,
CONSORCIO DELGADO, ROMEO CABILLO, RICARDO BACONG,
RODOLFO GALENZOGA, BENJAMIN LAMIGO, ROMEO DE LA CRUZ,
ASUNCION ALCANTARA AND LILY LOY, Respondents. While the records support P02 Emano's claim38 that P/Supt. Isaias Bafiez Tonog (P/Supt. Tonog) turned over the seized
items to the PDEA Regional Office, where the items were received by POl Ecito, who in tum, delivered the items with the
G.R. No. 183416, October 05, 2016 - PROVINCIAL ASSESSOR OF request for examination to the PNP Crime Laboratory, where these were examined by P/Insp. Cruto,39 the crucial link
AGUSAN DEL SUR, Petitioner, v. FILIPINAS PALM OIL PLANTATION, between P02 Emano and P/Supt. Tonog was, however, left unexplained by the testimonies nor accounted for by any
INC., Respondent.
evidence on record. Moreover, there is an unignorable hiatus of detail on how the four (4) sachets of illegal drugs were
G.R. No. 212980, October 10, 2016 - BUENAVISTA PROPERTIES, marked, who marked them, and when they were marked.
INC., AND/OR JOSEPHINE CONDE, Petitioners, v. RAMON G.
MARIÑO, REPRESENTED BY ATTY. OSWALDO F. GABAT AS Verily, marking the drugs or other related items immediately upon seizure from the accused is crucial in proving the
ATTORNEY-IN-FACT AND COUNSEL VICE ATTY. AMADO DELORIA, chain of custody as it is the starting point in the custodial link. The marking upon seizure serves a twin purpose, first is
FORMER ATTORNEY-IN-FACT AND COUNSEL, Respondent. to give the succeeding handlers of the specimen a reference, and second to separate the marked evidence from the
G.R. No. 203610, October 10, 2016 - REPUBLIC OF THE corpus of all other similar or related evidence from the moment of seizure until their disposition at the end of criminal
PHILIPPINES AND HOUSING AND URBAN DEVELOPMENT proceedings, thereby obviating switching, "planting", or contamination of evidence. 40 The police officers' failure to mark
COORDINATING COUNCIL (HUDCC), Petitioners, v. GONZALO the seized items may lead to the acquittal of the accused based on reasonable doubt.41 chanrobleslaw

ROQUE, JR., MANUELA ALMEDA ROQUE, EDUVIGIS A. PAREDES,

MICHAEL A. PAREDES, PURIFICACION ALMEDA, JOSE A. ALMEDA,
MICHELLE A. ALMEDA, MICHAEL A. ALMEDA, ALBERTO DELURA, Taken together, the lapses committed by the police officers in accounting for the procedure laid out in Section 21 of RA
AND THERESA ALMEDA, Respondent. 9165 and the IRR, more so their questionable handling of the seized drugs cast serious doubt on the integrity and
evidentiary value of the seized items. As the said drugs presented before the court as evidence constitute the corpus
G.R. No. 199271, October 19, 2016 - PEOPLE OF THE delicti of the offenses charged, it must be proven with moral certainty that these are the same items seized from Goco
PHILIPPINES, Plaintiff-Appellee, v. JEHAR REYES, Accused- during the buy-bust operation and the ensuing search. As the prosecution failed to do so, Goco must be acquitted on the
Appellant.
ground of reasonable doubt.42 chanrobleslaw

G.R. No. 211977, October 12, 2016 - MARIANO LIM, Petitioner, v.

PEOPLE OF THE PHILIPPINES, Respondent. WHEREFORE, the appeal is GRANTED. The Decision dated June 30, 2014 of the Court of Appeals in CA-G.R. CR. No.
00737 is hereby REVERSED and SET ASIDE. Accordingly, accused-appellant Placido Goco y Ombrog is ACQUITTED of
G.R. No. 222419, October 05, 2016 - RAMIL R. VALENZUELA, the crimes for violation of Sections 5 and 11, Article II of Republic Act No. 9165 as charged. The Director of the Bureau
Petitioner, v. ALEXANDRA MINING AND OIL VENTURES, INC. AND of Corrections is ORDERED to cause his immediate release, unless he is being lawfully held in custody for any other
CESAR E. DETERA, Respondent.
reason.
G.R. No. 197557, October 05, 2016 - MAUREEN P. PEREZ,
Petitioner, v. COMPARTS INDUSTRIES, INC., Respondent. SO ORDERED. chanRoblesvirtualLawlibrary

G.R. No. 212562, October 12, 2016 - AVELINO ANGELES Y Sereno, C.J, (Chairperson), Leonardo-De Castro, Bersamin, and Caguioa, JJ., concur.
OLANO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

A.M. No. MTJ-10-1755, October 18, 2016 - WILFREDO F.

TUVILLO, Complainant, v. JUDGE HENRY E. LARON, RESPONDENT.; Endnotes:
A.M. NO. MTJ-10-1756 - MELISSA J. TUVILLO A.K.A MICHELLE
JIMENEZ, Complainant, v. JUDGE HENRY E. LARON, Respondent.
1 See Notice of Appeal dated July 23, 2014; rollo, pp. 20-21.
G.R. No. 215802, October 19, 2016 - RIZALINA GEMINA,
ROSARIO ACANTILADO, JUANITA REYES, EFREN EUGENIO, 2
ROMELIA EUGENIO, AMADOR EUGENIO, JR., ANTONIO EUGENIO, Id. at 4-19. Penned by Associate Justice Gabriel T. Ingles with Associate Justices Pamela Ann Abella
LERMA E. RIBAC, ELVIRA E. SIMEON AND TOMAS EUGENIO, ALL Maxino and Renato C. Francisco concurring.
REPRESENTED BY CANDIDO GEMINA, JR., Petitioners, v. JUANITO
EUGENIO, LOLITA EUGENIO-SEV1LLA, BONIFACIO EUGENIO, 3 CA rollo, pp. 39-44. Penned by Judge Norma Megenio-Cardenas.
ELEONOR EUGENIO, JOSE EUGENIO, AND THE SPOUSES LAUREL
AND ZENAIDA MARIANO, Respondents. 4 Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS
 G.R. No. 224889, October 19, 2016 - PEOPLE OF THE AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES," approved on June 7, 2002.
PHILIPPINES, Plaintiff-Appellee, v. MC HENRY SUAREZ Y ZURITA,
JOHN JOSEPH RAVENA Y ACOSTA AND JOHN PAUL VICENCIO Y 5 The pertinent portions of Section 5, Article II of RA 9165 reads:
BARRANCO, Accused-Appellants.

G.R. No. 193321, October 19, 2016 - TAKENAKA CORPORATION- Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
chanRoblesvirtualLawlibrary

PHILIPPINE BRANCH, Petitioner, v. COMMISSIONER OF INTERNAL Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- The penalty of life
REVENUE, Respondent. imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
G.R. No. 172948, October 05, 2016 - PHILIPPINE ASSOCIATED million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
SMELTING AND REFINING CORPORATION, Petitioner, v. PABLITO O. sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
LIM, MANUEL A. AGCAOILI, AND CONSUELO M. PADILLA, any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity
Respondents. involved, or shall act as a broker in any of such transactions.
G.R. No. 219558, October 19, 2016 - HEIRS OF JOHNNY AOAS, xxxx
REPRESENTED BY BETTY PUCAY, Petitioners, v. JULIET AS-IL,
Respondent.
6 The pertinent portions of Section II, Article II of RA 9165 provides:
G.R. No. 217455, October 05, 2016 - OYSTER PLAZA HOTEL,
ROLITO GO, AND JENNIFER AMPEL, Petitioners, v. ERROL O. Section II. Possession of Dangerous Drugs.- The penalty of life imprisonment to death and a fine
MELIVO, Respondent.
chanRoblesvirtualLawlibrary

ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
G.R. No. 195295, October 05, 2016 - REPUBLIC OF THE be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the
PHILIPPINES, Petitioner, v. SANDIGANBAYAN, FOURTH DIVISION, following quantities, regardless of the degree of purity thereof:
FERDINAND "BONGBONG" R. MARCOS, JR., MA. IMELDA "IMEE" R.
MARCOS-MANOTOC, GREGORIO MA. ARANETA III, AND IRENE R. chanRoblesvirtualLawlibrary xxxx
MARCOS ARANETA, Respondents.

G.R.No. 204261, October 05, 2016 - EDWARD C. DE CASTRO AND (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
MA. GIRLIE F. PLATON, Petitioners, v. COURT OF APPEALS, Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
NATIONAL LABOR RELATIONS COMMISSION, SILVERICON, INC., quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or
AND/OR NUVOLAND PHILS., INC., AND/OR RAUL MARTINEZ, cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
RAMON BIENVENIDA, AND THE BOARD OF DIRECTORS OF "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
NUVOLAND, Respondents. and those similarly designed or newly introduced drugs and their derivatives, without having any
G.R. No. 201074, October 19, 2016 - SPOUSES RAMON SY AND therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three
ANITA NG, RICHARD SY, JOSIE ONG, WILLIAM SY AND JACKELINE hundred (300) grams of marijuana.
DE LUCIA, Petitioners, v. WESTMONT BANK (NOW UNITED
OVERSEAS BANK PHILIPPINES) AND PHILIPPINE DEPOSIT 7 Records (I.S. No. 2003-189), p. 27.
INSURANCE CORPORATION, AS ASSIGNEE OF UNITED OVERSEAS
BANK PHILIPPINES, Respondents. 8 Records (I.S. No. 2003-188), p. 26.
G.R. No. 203072, October 18, 2016 - DEVELOPMENT ACADEMY
OF THE PHILIPPINES, Petitioner, v. CHAIRPERSON MA. GRACIA M. 9 "P02 Joel Emamo" in some parts of the records.
PULIDO TAN, COMMISSIONER JUANITO G. ESPINO, JR.,
COMMISSIONER HEIDI L. MENDOZA, AND COMMISSION ON AUDIT, 10Rollo, pp. 4-5.
Respondents.

G.R. No. 220383, October 05, 2016 - SONEDCO WORKERS FREE 11 Id. at 5-6.
LABOR UNION (SWOFLU) / RENATO YUDE, MARIANITO REGINO,
MANUEL YUMAGUE, FRANCISCO DACUDAG, RUDY ABABAO, 12 Id. at 7.
DOMINIC SORNITO, SERGIO CAJUYONG, ROMULO LABONETE,
GENEROSO GRANADA, EMILIO AGUS, ARNOLD CAYAO, BEN
GENEVE, VICTOR MAQUE, RICARDO GOMEZ, RODOLFO GAWAN, 13 Records (I.S. No. 2003-189), p. 35.
JIMMY SULLIVAN, FEDERICO SUMUGAT, JR., ROMULO AVENTURA,
JR., JURRY MAGALLANES, HERNAN EPISTOLA, JR., ROBERTO 14
BELARTE, EDMON MONTALVO, TEODORO MAGUAD, DOMINGO
chanrobleslaw

TABABA, MAXIMO SALE, CYRUS DIONILLO, LEONARDO JUNSAY,

CArollo, pp. 39-44. Penned by Judge Norma Megenio-Cardenas.
JR., DANILO SAMILLION, MARIANITO BOCATEJA, JUANITO
GEBUSION, RICARDO MAYO, RAUL ALIMON, ARNEL ARNAIZ,
REBENCY BASOY, JIMMY VICTORIO BERNALDE, RICARDO BOCOL, 15 Id. at 42-43.
JR., JOB CALAMBA, WOLFRANDO CALAMBA, RODOLFO CASISID,
JR., EDGARDO DELA PENA, ALLAN DIONILLO, EDMUNDO EBIDO, 16 Id. at 20-38.
JOSE ELEPTICO, JR., MARCELINO FLORES, HERNANDO
FUENTEBILLA, SAUL HITALIA, JOSELITO JAGODILLA, NONITO
JAYME, ADJIE JUANILLO, JEROLD JUDILLA, EDILBERTO NACIONAL, 17Rollo, pp. 4-19.
SANDY NAVALES, FELIPE NICOLASORA, JOSE PAMALO-AN,
ISMAEL PEREZ, JR., ERNESTO RANDO, JR., PHILIP REPULLO, 18 Id. at 8-17.
VICENTE RUIZ, JR., JOHN SUMUGAT, CARLO SUSANA, ROMEO
TALAPIERO, JR., FERNANDO TRIENTA, FINDY VILLACRUZ, JOEL
VILLANUEVA, AND JERRY MONTELIBANO, Petitioners, v. 19People v. Dahil, G.R. No. 212196, January 12, 2015, 745 SCRA 221, 233; citation omitted.
UNIVERSAL ROBINA CORPORATION, SUGAR DIVISION-SOUTHERN
NEGROS DEVELOPMENT CORPORATION (SONEDCO), Respondent. 20 See People v. Comboy, G.R. No. 218399, March 2, 2016; citation omitted.

G.R. No. 174964, October 05, 2016 - SANGGUNIANG

PANLALAWIGAN OF BATAAN, Petitioner, v. CONGRESSMAN 21 People v. Sorin, G.R. No. 212635, March 25,2015,754 SCRA 594, 603; citation omitted.
ENRIQUE T. GARCIA, JR., MEMBERS OF THE FACULTY, CONCERNED
STUDENTS AND THE BOARD OF TRUSTEES OF THE BATAAN 22People v. Sumili, G.R. No. 212160, February 4, 2015, 750 SCRA 143, 149; citation omitted.
POLYTECHNIC STATE COLLEGE, Respondents.

G.R. No. 218902, October 17, 2016 - HELEN EDITH LEE TAN, 23 People v. Bio, G.R. No. 195850, February 16,2015,750 SCRA 572, 578; citation omitted.
Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
24People v. Viterbo, G.R. No. 203434, July 23,2014, 730 SCRA 672, 680; citations omitted.
G.R. No. 221773, October 18, 2016 - RG CABRERA
CORPORATION, INC., Petitioner, v. DEPARTMENT OF PUBLIC
25 People v. Sumili, supra note 22, at 150-151.
WORKS AND HIGHWAYS, AND COMMISSION ON AUDIT, cralawred

Respondents.
26 See Section 21 (1 ), Article 11 of RA 9165.
G.R. No. 209086, October 17, 2016 - ANGELITO R. PUBLICO,
Petitioner, v. HOSPITAL MANAGERS, INC., ARCHDIOCESE OF 27 See Section 21 (a), Article II of the IRR of RA 9165.
MANILA - DOING BUSINESS UNDER THE TRADENAME AND STYLE
OF "CARDINAL SANTOS MEDICAL CENTER", Respondents.
28People v. Viterbo, supra note 24, at 683; citation omitted.
G.R. No. 199480, October 12, 2016 - PEOPLE OF THE
PHILIPPINES, Petitioner, v. TESS S. VALERIANO, Respondent. 29See Sanehez v. People, G.R. No. 204589, November 19,2014, 741 SCRA 294, 317, citing People v.
A.C. No. 7927, October 19, 2016 - SANDY V. DOMINGO, Guzon, 719 Phil. 441,451 (2013).
Complainant, v. ATTY. PALMARIN E. RUBIO AND ATTY. NICASIO T.
RUBIO, Respondents. 30People v. Guzon, 719 Phil. 441, 453-454 (2013), citing Mallillin v. People, 576 Phil. 576, 587-588 (2008).

G.R.No. 213939, October 12, 2016 - LYLITH B. FAUSTO, 31 See People v. Abetong, G.R. No. 209785, June 4, 2014, 725 SCRA 304, 314.
JONATHAN FAUSTO, RICO ALVIA, ARSENIA TOCLOY, LOURDES
ADOLFO AND ANECITA MANCITA, Petitioners, v. MULTI AGRI-
FOREST AND COMMUNITY DEVELOPMENT COOPERATIVE 32 See People v. Flores , G.R. No. 201365, August 3, 2015, citations omitted.
(FORMERLY MAF CAMARINES SUR EMPLOYEES COOPERATIVE,
INC.), Respondent. 33 TSN, October 12,2005, pp. 12-13 and 15.
G.R. No. 200087, October 12, 2016 - YOLANDA LUY Y
GANUELAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, 34 TSN, December 7, 2005, pp. 4-7.
Respondent.
35 TSN, December 7, 2005, pp. 3 and 5-6.

36 TSN, October 12, 2005, pp. 7-8.

  37 TSN, March 6, 2006, pp. 4-5.

38 TSN, October 12,2005, p. 15.

 
39 Records (I.S. No. 2003-189), pp. 14-19.
 40 See People v. Alagarme , G.R. No. 184789, February 23, 2015, 751 SCRA 317, 328-329.

41See People v. Dacuma, G.R. No. 205889, February 4, 2015, 750 SCRA 65, 75, citing People v. Sabdula,
733 Phil. 85, 94-95 (2014).

42 See People v. Viterbo, G.R. No. 203434, July 23, 2014, supra note 24, at 688-690.

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