This case has been cited 6 times or more.
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2015-07-29 |
BRION, J. |
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| We are aware that Bahilidad was acquitted by this Court in G.R. No. 185195[23] - a case where she questioned her conviction by the Sandiganbayan. This does not preclude us, however, from ruling that the other accused, i.e., Vice-Governor Constantino, Diaz, Camanay, and the petitioner, conspired with each other to attain a common objective. We point out that Bahilidad's acquittal was anchored on the fact that she had no hand in the preparation, processing or disbursing of the check issued in her name. It cannot be denied in the present case that the petitioner, Vice-Governor Constantino, Diaz, and Camanay, all participated in the preparation and processing of Disbursement Voucher No. 101-2002-01-822[24] as evidenced by their respective signatures affixed there. Sanggunian Panlalawigan Bookbinder[25] Gadian, in fact, witnessed Vice-Governor Constantino, Camanay, and Diaz sign these documents. | |||||
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2015-03-11 |
LEONEN, J. |
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| It is necessary that a conspirator should have performed some overt act as a direct or indirect contribution to the execution of the crime committed. The overt act may consist of active participation in the actual commission of the crime itself or it may consist of moral assistance to his co-conspirators by being present at the commission of the crime or by exerting moral ascendancy over the other co-conspirators[.][171] (Emphasis supplied, citations omitted) In sum, the trial court erred in failing to resume the proceedings after the designated period. The Court of Appeals erred when it held that Secretary Agra committed errors of jurisdiction despite its own pronouncement that ABS-CBN is the owner of the copyright on the news footage. News should be differentiated from expression of the news, particularly when the issue involves rebroadcast of news footage. The Court of Appeals also erroneously held that good faith, as. well as lack of knowledge of infringement, is a defense against criminal prosecution for copyright and neighboring rights infringement. In its current form, the Intellectual Property Code is malum prohibitum and prescribes a strict liability for copyright infringement. Good faith, lack of knowledge of the copyright, or lack of intent to infringe is not a defense against copyright infringement. Copyright, however, is subject to the rules of fair use and will be judged on a case-to-case basis. Finding probable cause includes a determination of the defendant's active participation, particularly when the corporate veil is pierced in cases involving a corporation's criminal liability. | |||||
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2013-09-11 |
PER CURIAM |
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| Records are bereft of any showing that the aforementioned respondents as opposed to Dangupon, Fortuno, and Abordo directly participated in the killing of Tetet at the Viga River. As observed by the DOJ, Villar, Lara, Acaylar, and Balicol were not with Tetet at the time he was shot; thus, they could not have been responsible for his killing. Neither could they be said to have acted in conspiracy with the other respondents since it was not demonstrated how they concurred in or, in any way, participated towards the unified purpose of consummating the same act. It is well-settled that conspiracy exists when one concurs with the criminal design of another, indicated by the performance of an overt act leading to the crime committed.[59] Therefore, finding no direct participation or conspiracy on the part of Villar, Lara, Acaylar, and Balicol, the Court holds that the DOJ did not gravely abuse its discretion in affirming the Provincial Prosecutor's dismissal of the charges against them. In this respect, the CA's Decision must stand. | |||||
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2013-04-17 |
VELASCO JR., J. |
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| Under our criminal judicial system, "evil intent must unite with the unlawful act for a crime to exist," as "there can be no crime when the criminal mind is wanting."[50] Actus non facit reum, nisi mens sit rea. | |||||
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2013-03-13 |
DEL CASTILLO, J. |
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| Complainant's contention that she was denied due process because she was not allowed to file a Reply deserves scant consideration. This is equally true of complainant's argument that this Court deviated from usual procedure when it resolved the disbarment Complaint without first declaring the case to have been submitted for resolution. The Court will outrightly dismiss a Complaint for disbarment when on its face, it is clearly wanting in merit. Thus, in International Militia of People Against Corruption & Terrorism v. Chief Justice Davide, Jr. (Ret.)[8] the Court, after finding the Complaint insufficient in form and substance, dismissed the same outright for utter lack of merit. It took the same stand in Battad v. Senator Defensor-Santiago,[9] where the disbarment Complaint against respondent therein was motu propio dismissed by this Court after finding "no sufficient justification for the exercise of [its] disciplinary power."[10] In this case, the Court did not dismiss outright the disbarment Complaint. In fact, it even required the respondents to file their respective Answers. Then, after a judicious study of the records, it proceeded to resolve the same although not in complainant's favor. Based on the Complaint and the supporting affidavits attached thereto, and the respective Comments of the respondents, the Court found that the presumption of innocence accorded to respondents was not overcome. Moreover, the Court no longer required complainant to file a Reply since it has the discretion not to require the filing of the same when it can already judiciously resolve the case based on the pleadings thus far submitted. And contrary to complainant's mistaken notion, not all petitions or complaints reach reply or memorandum stage. Depending on the merits of the case, the Court has the discretion either to proceed with the case by first requiring the parties to file their respective responsive pleadings or to dismiss the same outright. Likewise, the Court can proceed to resolve the case without need of informing the parties that the case is already submitted for resolution. | |||||
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2011-05-30 |
NACHURA, J. |
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| scales of justice must tilt in favor of an accused, considering that he stands to lose his liberty by virtue of his conviction. The Court must be satisfied that the factual findings and conclusions of the trial court leading to an accused's conviction must satisfy the standard of proof beyond reasonable doubt.[31] Section 21 of R.A. No. 9165 charts the procedure on the custody and disposition of confiscated, seized, and/or surrendered dangerous drugs, given the severity of the penalties imposed for violations of said law, viz.: Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, | |||||