J.A.B. Bulao & Associates

DISPOSITIVE:

“WHEREFORE, the Petition for Review on Certiorari is DENIED.  The Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 132942, dated May 12, 2014 and August 11, 2014 respectively are hereby AFFIRMED.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

PETITIONER DIAZ QUESTIONED THE LEGALITY OF THE SEARCH WARRANT BECAUSE IT DID NOT STATE THE NO. OF HER HOUSE WHICH IS NO. 172. SHE SAID THERE SHOULD BE SUFFICIENT DEFINITENESS. IS HER CONTENTION CORRECT?

NO. THERE WERE SKETCHES DRAWN AS WELL AS FLOOR PLAN CLEARLY INDICATING THE PLACE OF PETITIONER. THE RULE IS THAT A DESCRIPTION OF THE PLACE TO BE SEARCHED IS SUFFICIENT IF BY SUCH A DESCRIPTION THE OFFICER CAN ASCERTAIN AND IDENTIFY THE PLACE.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

“WHEREFORE, the petition is GRANTED.  The Decision dated January 21, 2019 of the Court of Tax Appeals (CTA) En Banc in CTA EB No. 1656 (CTA Case No. 8899) is hereby REVERSED and SET ASIDE.

The case is REMANDED to the CTA-Second Division for its resolution on the merits, in accordance with the Decision.

So Ordered.”

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

“WHEREFORE, the appeal is GRANTED. The decision dated February 13, 2019 of the Court of Appeals in CA- G.R. CR HC No. 01366-MIN is hereby REVERSED and SET ASIDE.  Accordingly, accused-appellant RANILO S. SUAREZ is AQUITTED of Illegal Sale of Dangerous Drugs. The Director of the Bureau of Corrections is ordered to cause his immediate release, unless he is being lawfully held in custody for any other reason.

Let entry of judgment be issued immediately.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHY WAS THE ACCUSED ACQUITTED?

BECAUSE THERE WERE UNJUSTIFIED DEVIATIONS IN THE CHAIN OF CUSTODY RULE.

WHAT IS THE EFFECT OF THESE DEVIATIONS?

THE INTEGRITY AND EVIDENTIARY VALUE OF THE DRUGS PURPORTEDLY SEIZED WAS COMPROMISED.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.