This case has been cited 2 times or more.
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2011-02-23 |
NACHURA, J. |
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| The trial court convicted petitioner of possession of the credit card fraudulently applied for, penalized by R.A. No. 8484. The law, however, does not define the word "possession." Thus, we use the term as defined in Article 523 of the Civil Code, that is, "possession is the holding of a thing or the enjoyment of a right." The acquisition of possession involves two elements: the corpus or the material holding of the thing, and the animus possidendi or the intent to possess it.[12] Animus possidendi is a state of mind, the presence or determination of which is largely dependent on attendant events in each case. It may be inferred from the prior or contemporaneous acts of the accused, as well as the surrounding circumstances.[13] | |||||
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2005-10-05 |
CHICO-NAZARIO, J. |
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| At this level, the procedural requirements of Section 17, Rule 119 on the need for the prosecution to present evidence and the sworn statement of each state witness at a hearing in support of the discharge do not yet come into play. This is because, as correctly pointed out by the Court of Appeals, the determination of who should be criminally charged in court is essentially an executive function, not a judicial one.[29] The prosecution of crimes appertains to the executive department of government whose principal power and responsibility is to see that our laws are faithfully executed. A necessary component of this power to execute our laws is the right to prosecute their violators. The right to prosecute vests the prosecutor with a wide range of discretion - the discretion of whether, what and whom to charge, the exercise of which depends on a smorgasbord of factors which are best appreciated by prosecutors.[30] By virtue of the trial court having granted the prosecution's motion for reinvestigation, the former is deemed to have deferred to the authority of the prosecutorial arm of the Government.[31] Having brought the case back to the drawing board, the prosecution is thus equipped with discretion -- wide and far reaching - regarding the disposition thereof. | |||||