J.A.B. Bulao & Associates

CASE 2019-0048: MELVIN G. SAN FELIX VS. CIVIL SERVICE COMMISSION (G.R. NO. 198404,  OCTOBER 14, 2019, HERNANDO, J.) SUBJECT/S: AUTHORITY OF THE CIVIL SERVICE COMMISSION TO INVESTIGATE ANOMALIES IN EXAMINATIONS; DISHONESTY) (BRIEF TITLE: SAN FELIX VS CSC)

 DISPOSITIVE:

        SO ORDERED.

 SUBJECTS/DOCTRINES/DIGEST:

 WHAT HAPPENED IN THIS CASE?

SAN FELIX STATED IN HIS PERSONAL DATA SHEET (PDS) THAT HE PASSED THE POLICE OFFICER 1 EXAMINATION. BUT IT WAS DISCOVERED IN AN INVESTIGATION CONDUCTED BY THE CIVIL SERVICE COMMISSION THAT SAN FELIX NEVER TOOK THE SAID EXAMINATION BUT RATHER SOMEONE TOOK THE EXAMINATION IN HIS BEHALF.  CSC FOUND HIM GUILTY OF DISHONESTY AND THUS HE WAS DISMISSED WITH FORFEITURE OF RETIREMENT BENEFITS AND LEAVE CREDITS.

 SAN FELIX ARGUED THAT UNDER A NEW LAW, RA 8551, IT IS NPC NOT ANYMORE CSC WHO CAN CONDUCT SUCH EXAMINATION. THEREFORE CSC HAS NO LONGER JURISDICTION TO INVESTIGATE HIS CASE. IS HIS CONTENTION CORRECT?

NO BECAUSE CIVIL SERVICE COMMISSION HAS THE MANDATE TO INVESTIGATE ANOMALIES IN CONNECTION WITH SUCH EXAMINATIONS.

RULING ON DISHONESTY IN PERSONAL DATA SHEET. WHAT IS DISHONESTY?

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-2019-0048-Melvin G. San Felix Vs. Civil Service Commission 

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CASE NO. 2019-0047-PEOPLE OF THE PHILIPPINES VS. EDUARDO LACDAN Y PEREZ @ “EDWIN” AND ROMUALDO VIERNEZA Y BONDOC @ “ULO” (G.R. NO. 208472, 14 OCT 2019, CARANDANG, J.) (SUBJECT/S: DANGEROUS DRUGS; POSSIBLE DEFENSES) (BRIEF TITLE: PEOPLE VS LACDAN ET AL.)

 DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE ILLICIT DRUG WAS NOT PHOTOGRAPHED. NO WITNESS FROM DOJ. IN OTHER WORDS THE RULE ON CONDUCT OF INVENTORY, MARKING AND PHOTOGRAPHING WAS NOT FOLLOWED. AND NO EXPLANATION WAS GIVEN WHY THE RULE WAS NOT FOLLOWED. THUS APPEAL WAS GRANTED. 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-2019-0047-People of the Philippines Vs. Eduardo Lacdan y Perez @ “Edwin” and Romualdo Vierneza y Bondoc @ “Ulo”

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CASE 2019-0046:  ROWENA PADAS Y GARCIA @ “WENG” VS. PEOPLE (G.R. NO. 244327. OCTOBER 14, 2019, GESMUNDO, J.) (SUBJECT/S: DRUGS CASE; NO PROPER INVENTORY, MARKING AND TAKING OF PHOTOGRAPHS) (BRIEF TITLE: PADAS VS PEOPLE).

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

PETITIONER QUESTIONS HER APPREHENSION AS ILLEGAL.CAN ILLEGALITY OF ARREST BE BROUGHT UP AT THIS STAGE?

NOT PROPER TO QUESTION ARREST AT THIS STAGE. ANY OBJECTION TO ARREST MUST BE MADE BEFORE SHE ENTERS PLEA. OTHERWISE, DEEMED WAIVED.

WHY SHOULD THERE BE PROPER INVENTORY, MARKING AND TAKING OF PHOTOGRAPHS?

TO ASCERTAIN THE IDENTIFICATION OF THE CORPUS DELICTI.

WHAT HAPPENED IN THIS CASE?

THERE WAS NO DOJ REPRESENTATIVE AND NO ELECTED OFFICIAL AT THE TIME OF PHYSICAL INVENTORY, MARKING AND TAKING OF PHOTOGRAPHS OF THE EVIDENCE SEIZED FROM PETITIONER.

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-2019-0046-Rowena Padas y Garcia @ “Weng” vs People 

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