Bar Acads (Crim Law) - Set 2
Bar Acads (Crim Law) - Set 2
DOCTRINE: In the crime of illegal sale of dangerous drugs, the delivery of the
illicit drug to the poseur-buyer and the receipt by the seller of the marked
money consummate the illegal transaction.
FACTS:
ISSUE:
RULING:
NO.
In the crime of illegal sale of dangerous drugs, the delivery of the illicit
drug to the poseur-buyer and the receipt by the seller of the marked money
consummate the illegal transaction. Inarguably, consideration/payment is one
of the essential elements of illegal sale of dangerous drugs, without which,
accused-appellant's conviction for said crime cannot stand.
In this case, the sale of the dangerous drugs cannot be said to have been
consummated because the accused-appellant did not receive consideration. He
was arrested immediately after the box containing the marijuana bricks were
opened for SP02 Agbayani.
FACTS:
ISSUE:
RULING:
DOCTRINE: A police officer's act of soliciting drugs from the accused during a
buy-bust operation, or what is known as a "decoy solicitation," is not prohibited
by law and does not render invalid the buy-bust operation.
FACTS:
ISSUE:
RULING:
A police officer's act of soliciting drugs from the accused during a buy-
bust operation, or what is known as a "decoy solicitation," is not prohibited by
law and does not render invalid the buy-bust operation. The sale of contraband
is a kind of offense habitually committed, and the solicitation simply furnishes
evidence of the criminal's 'course of conduct.
Here, the solicitation by SP02 Agbayani and the informant of drugs from
Lingbanan ana Alacdis, that was delivered by accused-appellant, is mere
evidence of a course of conduct.1âwphi1 The police received an intelligence
report that accused-appellant has been habitually dealing in illegal drugs. They
duly acted on it by utilizing an informant to effect a drug transaction with the
accused-appellant. There was no showing that the informant induced the
accused-appellant to sell illegal drugs to him.
Criminal Procedure
Two separate Informations were filed with the RTC against the petitioners
for Direct Assault Upon an Agent of a Person in Authority with Homicide. The
accusatory portions of the two Informations state:
1. That on or about the 4th day of June 1995, at about 5:00 p.m., in
Barangay Boot, Municipality of Tanauan, Province of Batangas, Philippines,
and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring and confederating together, acting in common accord and mutually
helping one another, Nestor while armed with an armalite rifle, with intent to
kill and without any justifiable cause, did then and there willfully, unlawfully
and feloniously attack, assault and shoot with the said firearm the victims,
SP02 Andaya/P/C Insp. Camacho;
2. That the said victims are bona fide members of the PNP assigned at
Tanauan Police Station, and one of them was the current Chief of Police
ofTanauan, Batangas; and
3. That at the time of the incident, they were engaged in the performance
of their official duties.
ISSUE:
RULING:
NO.
FACTS:
ISSUE:
Is an admission of fact tantamount to confession of guilt?
RULING:
NO.
While Arnel Ortigosa and his cousins Renato B. Flores (Flores) and
Manny Boy Ditche were in a store, Flores noticed Roberto Jesalva standing in a
comer near it and staring at them. When Jesalva and his companions were
already in front of Ortigosa, Menieva proceeded to stab Ortigosa twice with an
icepick. As Menieva stabbed Ortigosa, Ilaw pointed a sumpak at Ortigosa while
Jesalva pointed at Ortigosa' s group and left.
ISSUE:
RULING:
NO.
FACTS:
Corazon argues that she did not refuse to act on Fermina's application
for a mayor's permit. She only deemed it wise to ask legal advice from her
lawyer because of other pending cases lodged by Fermina against her in court.
For Corazon, she made a "positive and categorical act" when she referred the
matter to her lawyer.
ISSUE:
Does the Act of Lacap constitute a violation of the Anti-Graft and Corrupt
Practices Act?
RULING:
YES.