Pp vs Mario Mapa Y Magpulong G.R. No.

L-22301

Issue

- Possessing a homemade revolver (Paltik), calibre 22, with six (six) rounds of
ammunition without a license or permit from the relevant authorities is excused by the
fact that he is a secret agent working for the governor.

Facts

- The undersized accuses MARIO MAPA Y MAPULONG of a violation of Section 878 in

connection with Section 2692 of the Revised Administrative Code, as amended by
Commonwealth Act No. 56 and as further amended by Republic Act No. 4: That on or
about the 13th day of August, 1962, in the City of Manila, Philippines, the said accused
did the following: the aforementioned accused willfully and illegally had one homemade
revolver (Paltik), Cal. 22, without a serial number, and six (6) rounds of ammunition in
his possession there and then in Manila, Philippines, on or about August 13, 1962,
without first obtaining the necessary license or permit from the relevant authorities.
against the law.

Rulling

-On November 27, 1963, the lower court found the defendant "crime of illegal
possession of a firearm and sentenced him to one and two years' provisional injunction
and payment of costs. Firearms and ammunition confiscated from him or for
government benefit.
Lito Corpuz vs Pp G.R. No.180016

Issue

A. The Honorable Court of Appeals erred by affirming the lower court's admission and
appreciation of prosecution evidence, including its exhibits, which are merely machine
copies, as this contravenes the rule requiring the best evidence;

B. The Honorable Court of Appeals made a mistake when it upheld the lower court's
decision that the criminal information for Estafa was not fatally flawed despite the fact
that it did not charge the offense in accordance with Article 315 (1) (B) of the Revised
Penal Code. Specifically, it did so because:

1. THE INFORMATION DID NOT FIX A TIME PERIOD WITHIN WHICH THE SUBJECT
[PIECES OF] JEWELRY SHOULD BE RETURNED, IF UNSOLD, OR THE MONEY TO
BE REMITTED, IF SOLD;

2. The information as of 5 July 1991 claimed that the crime occurred on May 2, 1991,
which differed significantly from the date attested to by the private complainant;

C. The Honorable Court of Appeals erred in upholding the lower court's conclusion that
the demand to return the relevant jewelry, if unsold, or remit the proceeds, if sold, was
evidence of an element of the offense;

D. Even though the Honorable Court of Appeals incorrectly upheld the lower court's
conclusion that the prosecution's case was beyond a reasonable doubt,

1. TWO (2) VERSIONS OF THE INCIDENT WERE TESTIFIED BY THE PRIVATE

COMPLAINTANT;

2. The accused petitioner's version is clearer, logical, and consistent with human
experience;

3. THE EQUIPOISE RULE WAS NOT ACCEPTED IN THIS CASE AND APPLIED;

4. THE STATE IS STRICTLY CONSTRUED AGAINST BY PUNISHMENT LAWS.

Facts

-Lito Corpuz (petitioner) is requesting that the Decision be overturned and set aside.
determining the petitioner's guilt of the Estafa crime listed in Article 315, paragraph (1),
sub-paragraph (b) of the Revised Penal Code, beyond a reasonable doubt.
-Danilo Tangcoy, a private complainant, and the petitioner met at the Admiral Royale
Casino in Olongapo City sometime in 1990.

-The private complainant then started a business lending money to casino players.
Upon learning that the former owned some jewelry .On May 2, 1991, at the same
casino, the petitioner approached him and proposed to sell the aforementioned items of
jewelry on a commission basis.

-Private complainant concurred, and as a result, he handed over the following items to
the petitioner: a men's 18k diamond ring; a... a woman's bracelet, one (1) man's
necklace, and another man's bracelet, totaling P98,000.00, as shown by an even-date
receipt. They both agreed that the petitioner must deliver the sale's proceeds and/or
return the same items if they weren't sold within a... a sixty-day period.

-The time period passed without the petitioner returning the jewelry or remitting the
sale's proceeds. When the petitioner and the private complainant had a chance to
speak, the latter assured the former that he would reimburse them for the value of the
said items. to him, but it was useless.

=(5th) July 1, 1991claimed after receiving 18,000 for 1 men's diamond ring worth
45,000.00 pesos from Danilo Tangcoy. one (1) 3 baht men's bracelet worth 22,000,
P25,000.00. One (1) 2 Baht women's bracelet valued at Php 22,000 or total Philippine
currency equivalent of Php 98,000 (Ps 98,000.00). For the item, or return if not sold, the
defendant, with intent to defraud, with breach of trust and breach of trust, for failure to
comply with the foregoing obligations, after having possessed the item, then , there
knowingly., unlawfully and criminally misused, misused and transformed for his own
personal use, upholding the foregoing jewelery (sic) or the proceeds from its sale,
Despite repeated requests, the defendant failed and claimed that the item or... In the
amount of 98,000 pesos (P98,000.00), the currency of the Philippines, damages were
caused to said Danilo Tangcoy in said amounts. 

-On January 28, 1992, petitioner pleaded not guilty with the assistance of an attorney.
Then followed the main process.

-To prove the above facts, the prosecution has submitted the only testimony of Danilo
Tancoy. The defense, meanwhile, prepared petitioner's sole testimony. This can be
summarized as follows.

-The petitioner and private prosecutor were debt collection agents for Antonio
Barrajadia, who is in the lending business that provides loans to base employees. Earn
a commission for each collection created. Complainants denied having any dealings
with individual Complainants. However, he admitted that he had received a loan from
Barajadia in 1989, for which he had to sign a blank receipt. It was used as evidence to
claim that he had consented to the sale of the gemstones, which he had never even
seen. Defendant LITO CORPUZ was therefore found guilty of the Estafa crime beyond
reasonable doubt pursuant to Article 315(1)(1) subparagraph (b) of the Revised Penal
Code.

-The case was referred to the competent authority, which dismissed the petitioner's
complaint and upheld the RTC's decision. 

Rulling

- The court finds the petition without merit.

The appellate court's findings of fact are generally conclusive, and either the court
upholds the trial court's findings and the findings are completely unfounded in the
record, or... represent a serious abuse of power. Without showing it to be so plainly
wrong, it gains even more weight.[4] Petitioner believes that the competent authority
erred in confirming the Court of First Instance's fact-findings. He now appears before
this court, raising both procedural and substantive issues. 

-Accordingly, Petitioner Lito Corpuz's request for examination of Certiorari dated

November 5, 2007 is hereby denied. Consequently, the judgment of March 22, 2007
and the order of the Court of Appeal of September 5, 2007 upheld, with amendment, the
judgment of his 46 branch of the San Fernando Municipal District Court of July 30,
2004. and found the complainant without reasonable doubt. Estafa's guilt under Article
315, paragraph 1, subparagraph (b) of the Criminal Code, as amended, is hereby
affirmed.

-The amendment confirms that the penalty imposed is life imprisonment, with a
minimum of 3 years and 2 months for him and 11 days for him, and a maximum of 15
years of imprisonment.

-Provide a copy of this decision to the President of the Republic of the Philippines
through the Department of Justice pursuant to Article 5 of the Criminal Code, as
amended. 
Karen E. Salvacion vs Central Bank of the Philippines G.R.No.94723

Issue

Do Central Bank Circular Section 113 960 and Republic Act Section 8 PD 1246, aka
6426 as amended by the Foreign Currency Deposits Act, apply to foreign temporary
residents? 

Facts

American tourist Greg Bertelli was arrested on four counts of raping Karen Salvacion
and committing serious wrongful detention. Police obtained a check for a few dollars
from him and a dollar account in the Bank of China. However, he managed to escape
from prison. In the civil action filed against him, the court of first instance awarded
Salvacion approximately P1,000,000.00 in moral, exemplary and attorney fees
combined.

Salvacion sought to overturn his Bartelli's ruling on his dollar deposits with China
Banking Corp. However, the latter argues that Article 11 of Central Bank Circular No.
960 exempts foreign currency deposits from seizure, seizure, or other orders or
proceedings of courts, legislatures, government agencies, or administrative bodies. and
refused. Salvacion has therefore filed this declaratory action with the Supreme Court.  

Rulling

- It is worth noting that R.A. No. 6426 ... was issued in 1983, or at a time when the
country's economy was in turmoil. Perhaps this is why the law was enacted when
foreign investment was minimal. But current reality shows that the country has
recovered economically. If not, the law in question still denies those entitled to due
process because it is unreasonable and oppressive. maybe. The law failed to foresee
the ill effects and, as in our previous case, resulted in blatant injustice and inequality.

-Ultimately, the application of law depends on the extent of its justice. Finally, if you find
that Article 113 of Central Bank Circular No. 960 issue exempts you from seizure,
seizure, or any other order or procedure of the court. MPs, government... Authorities or
administrative authorities that apply to foreign transit passengers particularly harm
citizens harmed by foreign guests, such as defendant Greg Bertelli. will invalidate Article
10 of the new Civil Code, which stipulates that the ” Simply put, when the law is silent or
ambiguous, this is one of the basic solutions that answers the burning impulses of
conscience. (Padilla vs. Padilla, 74 Phil. 377)
-The Central Bank Article 113 issue would be unthinkable. 960 was used by defendant
Greg Bertelli as a cheating tool so he could acquit the guilty at the expense of the
innocent. 
Pp vs Walpan Ladjaalam y Mihajil G.R. No. 136149

Issue

Whether an applicant can be convicted of unlawful possession of a firearm after using

the firearm in another crime. 

Facts

The court of first instance found petitioner guilty of operating a drug depot and was
sentenced to reclusion perpetua. The applicant's guilt was established through the
testimony of prosecution witnesses who used the applicant's outbuilding as a drug store
on several occasions, including during a raid. The former testimony was corroborated
by all police officers involved in the attack who testified in court. .

District courts have also convicted defendants of assault charges in several cases of
attempted manslaughter. "The defendant's act of firing an M14 rifle at a police officer [,]
who was attempting to enter his home to serve search warrant x x x" constituted such a
complex crime.Multiple manslaughter. Apart from convicting the applicant of attempted
direct assault, the trial court convicted him of another crime of illegal possession of a
firearm under PD 1866 as amended by RA 8294 and sentenced him to six years. Mayor
handing down sentence amending prison sentence to 8 years  .

Rullings

- Defendant's conduct of firing an M14 rifle at a police officer who was entering his home
to comply with a search warrant is a felony of direct assault with multiple attempted
murders[,] and involves direct bodily harm. Not multiple attempted murder [,].
Considering that the police officer was not beaten or injured by the accused, the
circumstances could not be established to qualify the attempted assassination as an
attempted murder.

-The shabu allegedly found at his home cannot be admissible as evidence against him
given that it was seized following a warrant search.

-Arrest Warrant No. 20 is completely invalid as it was issued for multiple crimes and was
not found in front of the police officers who seized it. Defendants also could not be held
liable for illegal possession of other firearms and ammunition.(1) M14 rifle

-The appeal is groundless.

we disagree. This court has consistently found that conspiracy defenses are inherently
weak, easy to fabricate but very difficult to disprove.[50] In the absence of evidence of
illegitimate motives on the part of police officers [51] … combined with the presumed
regularity of the performance of duties, such a defense cannot lend much credence [52].
In fact, after reviewing the litigation file, I concluded that Applicant had not substantiated
his claims.
Pp vs Javier Morilla y Avellano G.R. No.189833

Issue

-Morilla becomes embroiled in a conspiracy with Mayor Mitra 

Facts

- Javier Morya, October 15, 2001. Mayor Ronnie Mitra, Willie Yang y Yao, and Ruel
Dequilla y Regadon have all been charged with violating Section 14 of RA 6425. They
all help each other to profit from the trafficking of illegal drugs, and in fact they are in an
organized or syndicated criminal group, as they conspire and merge, mutual aid and
agitation. Methamphetamine hydrochloride, a controlled substance containing fish
commonly known as shabu, weighs about 503.68 kilos and has no authority.

- After the trial, on 1 August 2007, the Quezon City District Court4 awarded £53.68
(503.68) to Morilla and his co-defendant, Mayor Mitra, who was then acting mayor of
Panuklan, Quezon Province. However, he is acquitted when the prosecutor fails to
present sufficient evidence to convict DeKila and Jan.

Rullings

-Yes ,Petition denied. About the execution of crimes and their decisions. For a
conspiracy to work, there must be a common plan to commit the crime

-Morilla argues that driving an ambulance the day he was arrested wasn't enough to
prove he was part of a syndicate his group involved in the illegal transport of dangerous
drugs. increase.

-Collusion need not indicate that the parties have actually come together and expressly
agreed to enter into and pursue a common purpose. Opinion claims can and usually are
inferred from the secrecy of the crime, factual and circumstantial evidence.

-In this case, the factual tally suggests that Morilla conspired with Mayor Mitra to
transport dangerous drugs.