J.A.B. Bulao & Associates

DISPOSITIVE:

“WHEREFORE, premises considered, the consolidated petitions for review filed by petitioners Maximo A. Borje (G.R. No. 236810) and Conchita M. Dela Cruz (G.R. No. 236807), dated March 12, 2018, and March 9, 2018, respectively, are DENIED for lack of merit. Consequently, the Decision of the Sandiganbayan dated November 10, 2016, in the consolidated Criminal Case No. 28100 and Criminal Case No. 28253, and its Resolution dated January 15, 2018 are AFFIRMED with the MODIFICATION that in Criminal Case No. 28100 for Estafa through Falsification of Official/Commercial Documents, petitioners are sentenced to suffer imprisonment of from six ( 6) months and one ( 1) day of prisi6n correccional, as minimum, to ten (10) years and one (1) day of prisi6n mayor-, as maximum, and to pay a FINE in the amount of P5,000.00, with subsidiary imprisonment in case of insolvency.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

CAN A  PRIVATE INDIVIDUAL BE CONVICTED UNDER A LAW PUNISHING ACTS OF PUBLIC OFFICIALS?

YES IF THE PRIVATE INDIVIDUAL IS IN CONSPIRACY WITH THE PUBLIC OFFICIALS.

“As discussed above, petitioner Dela Cruz is in conspiracy with the other co-accused. Without the participation of petitioner Dela Cruz in the falsification of Cash Invoices through her sole proprietorship DEB, the reimbursements amounting to PS, 166,539.00 would not have been facilitated. Thus, since petitioner Dela Cruz is in conspiracy with the other co-accused, it is of no moment that she is not a public officer. She is guilty beyond reasonable doubt of violation of Section 3(e) ofR.A. No. 3019.”

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DISPOSITIVE:

WHEREFORE, the petition 1s GRANTED. The Court hereby resolves as follows:

l) The Entry of Judgment dated January 17, 2019 issued by the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 08782 is RECALLED; and

2) The Decision dated February 28, 2018 as well as the Resolutions dated July 25, 2018 and January 27, 2020 rendered by the CA in CA-G.R. CR-H.C. No. 08782 are hereby REVERSED and SET ASIDE. Accordingly, petitioner Amroding Lindongan y Ampatu (Lindongan) is ACQUITTED of the crime charged. The Director of the Bureau of Corrections, Muntinlupa City is ORDERED to: (a) cause the immediate release of l indongan. unless he is being lawfully held in custody for any other reason; and (b) inform the  Court of the action taken within five (5) days from receipt of this Decision.

Let entry of judgment be issued immediately.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

As a final word, the Court, in People v. Miranda,60 issued a definitive reminder to prosecutors when dealing with drugs cases. It declared that “[since] the [procedural] requirements are clearly set forth in the law, then the State retains the positive duty to account for any lapses in the chain of custody of the drugs/items seized from the accused, regardless of whether or not the defense raises the same in the proceedings a quo; otherwise, it risks the possibility of having a conviction overturned on grounds that go into the evidence’s integrity and evidentiary value, albeit the same are raised only for the first time on appeal, or even not raised, become apparent upon further review.”61 So must it be in the case of Lindongan, whose acquittal is clearly in order.”

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CASE 2020-33: IN THE MATTER OF THE PETITION FOR WRIT OF AMPAROAND WRIT OF HABEAS CORPUZ IN FAVOR OF ALICIA JASPER LUCENA; RELISSA SANTOS LUCENA AND FRANCIS B. LUCENA VS. SARAH ELAGO, KABATAAN PARTY LIST REPRESENTATIVE; ALEX DANDAY, NATIONAL SPOKEPERSON OF ANAKBAYAN, CHARY DELOS REYES, BIANCA GACOS, JAY ROVEN BALAIS VILLAFUERTE, MEMBERS AND RECRUITERS OF ANAK BAYAN; AND ATTY. MARIA KRISTINA CONTI (G.R. NO. 252120, SEPTEMBER 15 2020, PERALTA, J.) (SUBJECT/S: WRIT OF AMPARO; WRIT OF HABEAS CORPUS)

DISPOSITIVE:

IN VIEW WHEREOF, the prayers for the issuance of the writs of amparo and habeas corpus are hereby DENIED. The instant petition is DISMISSED.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT DOES WRIT OF AMPARO COVER?

ONLY EXTRA-JUDICIAL KILLINGS AND ENFORCED DISAPPEARANCES.

REASON OF THE COURT IN NOT GRANTING WRIT OF AMPARO AND HABEAS CORPUS?

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