J.A.B. Bulao & Associates

CASE 2019-0051: SOCRATES C. FERNANDEZ, IN HIS CAPACITY AS MAYOR OF THE CITY OF TALISAY VS. COMMISSION ON AUDIT (G.R. NO. 205389. 19 NOVEMBER 2019, INTING, J.) (SUBJECT/S: BIDDING; COA DISALLOWANCE; QUATUM MERUIT) (BRIEF TITLE: FERNANDEZ VS COA)

 DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WERE THE PETITIONERS DEPRIVED OF DUE PROCESS?

NO BECAUSE THEIR APPEAL WAS GIVEN DUE COURSE.

WHAT IS GRAVE ABUSE OF DISCRETION?

SUCH CAPRICIOUS AND WHIMSICAL EXERCISE OF JUDGMENT. THERE IS ARBITRARINESS. OR EXERCISE OF POWER IN A DESPOTIC MANNER.

WHAT ARE THE ALLOWED CONDITIONS FOR DIRECT CONTRACTING WITHOUT BIDDING?

AS FOLLOWS:

POWERDEV HAS ALREADY DONE WORKS. DESPITE THE DISALLOWANCE, WILL THEY STILL BE PAID?

YES UNDER THE PRINCIPLE OF QUANTUM MERUIT. OTHERWISE, THE CITY OF TALISAY WILL BE UNJUSTLY ENRICHED.

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.

SCD-2019-0051-Socrates C. Fernandez, in his capacity as Mayor of the City of Talisay Vs. Commission on Audit

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CASE 2019-0050 PEOPLE OF THE PHILIPPINES VS. NORMAN ANGELES Y MIRANDA(G.R. NO. 224223. NOVEMBER 20, 2019, INTING) (SUBJECT/S: SALE OF ILLEGAL DRUGS; ONLY MEDIA REPR WAS PRESENT; NO PHOTOGRAPH OF THE SHABU) (BRIEF TITLE: PEOPLE VS NORMAN ANGELES)

 DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE.

THE RULE ON CHAIN OF CUSTODY WAS NOT FOLLOWED. ONLY THE MEDIA REPRESENTATIVE WITNESSED THE TAKING OF INVENTORY. NO PHOTOGRAPH WAS TAKEN. THUS THE CASE WAS DISMISSED.

 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.

SCD-2019-0050-People of the Philippines Vs. Norman Angeles y Miranda

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CASE 2019-0049 PEOPLE OF THE PHILIPPINES VS. XANDRA SANTOS Y LITTAUA A.K.A. “XANDRA SANTOS LITTAUA” (G.R. NO. 243627. NOVEMBER 27, 2019, PERLAS-BERNABE, J.) (SUBJECT/S: DANGEROUS DRUGS) (BRIEF TITLE: PEOPLE VS XANDRA SANTOS)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE MARKING OF THE ALLEGED DRUGS WAS NOT IMMEDIATELY DONE AT THE PLACE OF ARREST NOR WAS THE INVENTORY OF THE SAME WITNESSED BY A REPRESENTATIVE OF THE MEDIA OR THE NATIONAL PROSECUTION SERVICE.

WHO SHALL WITNESS THE CONDUCT OF INVENTORY AND PHOTOGRAPHING?

IS THE CHAIN OF CUSTODY PROCEDURE SUBSTANTIVE OR JUST PROCEDURAL TECHNICALITY?

SUBSTANTIVE BECAUSE IT IS A SAFETY PRECAUTION TO ADDRESS POTENTIAL POLICE ABUSES.

WHAT IS THE EXCEPTION TO FOLLOWING THE CHAIN OF CUSTODY PROCEDURE?

WHEN THERE IS JUSTIFIABLE GROUND FOR NON-COMPLIANCE AND WHEN THE INTEGRITY AND EVIDENTIARY VALUE OF THE OBJECTS ARE PRESERVED.

WHAT ARE SOME EXAMPLES OF JUSTIFIABLE GROUNDS OF NON-COMPLIANCE?

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.

SCD-2019-0049-People of the Philippines Vs. Xandra Santos y Littaua a.k.a. “Xandra Santos Littaua”

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