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JPAS Email: chiefjusticehelpdesk judiciary. In the chain of custody in drugs cases, the seizure and marking, including the physical inventory and photograph-taking, of the seized drug must be done immediately at the place of arrest. Lazaro-Javier, as it granted the motion for reconsideration filed by Allan S. Almayda Almayda and Homero A. Quiogue Quiogue. The motion for reconsideration challenged the Resolution of the Supreme Court affirming the conviction of Almayda and Quiogue for violation of Republic Act No. During the operation, the PDEA agents marked at the crime scene the seized plastic sachets containing methamphetamine hydrochloride or shabu. The conviction was affirmed by the Court of Appeals CA. In a Resolution dated November 11, , the Court affirmed the conviction, prompting Almayda and Quiogue to file the present motion for reconsideration. In granting their motion, the Court restated its ruling in People v. Casa that in case of warrantless seizures, the inventory and taking of photographs, which is the first link in the chain of custody of drugs cases, generally must be done at the place of seizure. The exception to this rule is where the physical inventory and taking of photographs of the seized item may be conducted at the nearest police station or at the nearest office of the apprehending officer or team, provided that police officers have justification that 1 it is not practicable to conduct the same at the place of seizure or 2 the items seized are threatened by immediate or extreme danger at the place of seizure, held the Court. Such reason must be indicated in the affidavits of the police officers who participated in the buy-bust operation. In the present case, it is undisputed that the inventory and photograph-taking of the seized shabu were done at the PDEA office, not at the place of arrest. However, the prosecution witnesses failed to give any justification for their deviation from the general rule. Hence, the first link in the chain of custody was broken. The Court also clarified that even if the succeeding links in the chain of custody were compliant with the requirements under the law, this does not serve to cure the breach which attended early on the first link. Time and again, we have exhorted courts to be extra vigilant in trying drugs cases, lest an innocent person is made to suffer the unusually severe penalties for drug offenses. Full text of G. Thank you for your continued support and feedback. The Supreme Court of the Philippines respects your privacy and your data privacy rights, as well as employs reasonable measures to protect your personal data in accordance with Republic Act No. The Supreme Court website serves as the online repository of Supreme Court information, references, and resources accessible to the public. 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These are found in the following provisions:. The members of the Court are appointed by the President from a list, prepared by the Judicial and Bar Council, of at least three nominees for every vacancy. Aquino declared the existence of a revolutionary government under Proclamation No. Heeding the call, the members of the Judiciary—from the Supreme Court to the Municipal Circuit Courts—placed their offices at the disposal of the President and submitted their resignations. President Corazon C, Aquino proceeded to reorganize the entire Court, appointing all 15 members. Under Article I, Section 2 of the Freedom Constitution, the provisions of the Constitution on the judiciary were adopted insofar as they were not inconsistent with Proclamation No. Article V of Proclamation No. By a vote of President Aquino, other civilian officials, and members of the Armed Forces of the Philippines, upon the announcement of the ratification of the Constitution, swore allegiance to the new charter on February 11, thereby putting an end to the revolutionary government. The declaration of Martial Law through Proclamation No. This period also brought in many legal issues of transcendental importance and consequence. Among these were the legality of the ratification of a new Constitution, the assumption of the totality of government authority by President Marcos, and the power to review the factual basis for a declaration of Martial Law by the Chief Executive, among others. Also writ large during this period was the relationship between the Court and the Chief Executive who, under Amendment No. The Constitution increased the number of the members of the Supreme Court from 11 to 15, with a Chief Justice and 14 Associate Justices. The Justices of the Court were appointed by the President alone, without the consent, approval, or recommendation of any other body or officials. This law grouped together the cases over which the Supreme Court could exercise exclusive jurisdiction for review on appeal, certiorari, or writ of error. Following the ratification of the Philippine Constitution in a plebiscite, the principle of separation of powers was adopted, not by express and specific provision to that effect, but by actual division of powers of the government—executive, legislative, and judicial—in different articles of the Constitution. The judicial organization established by the Act was conceived by the American lawyers in the Philippine Commission, with its basic structures patterned after similar organizations in the United States. Five members of the Court could form a quorum, and the concurrence of at least four members was necessary to pronounce a judgment. Act No. This effectively severed any nexus between the present Supreme Court and the Audiencia. The Anglo-American legal system under which the Supreme Court of the Philippine Islands was expected to operate was entirely different from the old Spanish system that Filipinos were familiar with. Adjustments had to be made; hence, the decisions of the Supreme Court during its early years reflected a blend of both the Anglo-American and Spanish systems. The jurisprudence was a gentle transition from the old order to the new. The judicial system established during the regime of the military government functioned as an instrument of the executive—not of the judiciary—as an independent and separate branch of government. Secretary of State John Hay, on May 12, , proposed a plan for a colonial government of the Philippine Islands which would give Filipinos the largest measure of self-government. The plan contemplated an independent judiciary manned by judges chosen from qualified locals and Americans. The Audiencia was composed of a presiding officer and eight members organized into two divisions: the sala de lo civil or the civil branch, and the sala de lo criminal or the criminal branch. It was General Otis himself who personally selected the first appointees to the Audiencia. Cayetano L. Arellano was appointed President equivalent to Chief Justice of the Court, with Manuel Araullo as president of the sala de lo civil and Raymundo Melliza as president of the salo de lo criminal. Gregorio Araneta and Lt. Young, and Captain W. Brikhimer were designated associate justices of the criminal branch. Thus, the reestablished Audiencia became the first agency of the new insular government where Filipinos were appointed side by side with Americans. During the early Spanish occupation, King Philip II established the Real Audiencia de Manila which was given not only judicial but legislative, executive, advisory, and administrative functions as well. Composed of the incumbent governor general as the presidente presiding officer , four oidores equivalent to associate justices , an asesor legal adviser , an alguacil mayor chief constable , among other officials, the Real Audiencia de Manila was both a trial and appellate court. It had exclusive original, concurrent original, and exclusive appellate jurisdictions. Initially, the Audiencia was given a non-judicial role in the colonial administration, to deal with unforeseen problems within the territory that arose from time to time—it was given the power to supervise certain phases of ecclesiastical affairs as well as regulatory functions, such as fixing of prices at which merchants could sell their commodities. Likewise, the Audiencia had executive functions, like the allotment of lands to the settlers of newly established pueblos. However, by , the Audiencia had ceased to perform these executive and administrative functions and had been restricted to the administration of justice. When the Spanish colonizers first arrived in the Philippine archipelago, they found the indigenous Filipinos without any written laws. The laws enforced were mainly derived from customs, usages, and tradition. These laws were believed to be God-given and were orally transmitted from generation to generation. A remarkable feature of these customs and traditions was that they were found to be very similar to one another notwithstanding that they were observed in widely dispersed islands of the archipelago. There were no judges and lawyers who were trained formally in the law, although there were elders who devoted time to the study of the customs, usages, and traditions of their tribes to qualify them as consultants or advisers on these matters. In the exercise of his judicial authority, the datu acted as a judge hukom in settling disputes and deciding cases in his barangay. I will be back soon. Welcome to the Supreme Court of the Philippines. Trial Court Locator. Search for:. Welcome to The Supreme Court of the Philippines. Working Hours Monday to Friday: - December 20, Supreme Court of the Philippines. Padre Faura St. Twitter Youtube Facebook Instagram. Contact Info. For queries and comments, please email us at: pio. Other Links. Useful Links. All rights reserved. Privacy Notice. 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Cocaine & MDMA in Cebu City

Cebu City buying Ecstasy

Aduana Library. FedEx Tracking. The Port of Cebu and PDEA 7 have a long-standing partnership, with the latter participating in the daily examination of shipments through its well-trained officers and K-9 sniffing dogs in ports and airports. Both agencies conducted joint controlled delivery operations in the past, the latest of which was in July when a claimant from Cebu City was arrested for illegally importing P5M worth of ecstasy. Eleven state-of-the-art x-ray scanners are deployed in the seaport and airport in Cebu, including a modern portal x-ray machine that boasts high-resolution images capable of scanning containers per hour. In addition, two 2 Trace Detection System machines are installed to capture the presence of explosives, narcotics, and drug substances. In anticipation of at-sea smuggling, the Port launched three high-speed water patrol boats last May to intensify its maritime patrol and interdiction capabilities. Meanwhile, District Collector Mendoza directed the employees of the Port to remain vigilant against illegal drug smuggling through strict verification of importation documents and conduct of non-intrusive and physical examinations. In line with the directive of President Ferdinand Marcos Jr. All content is in the public domain unless otherwise stated. Explore More. Organizational Chart. Mission and Vision. Governance Culture Code. Contact Us. Memoranda for Reference Values. AEO Philippines. AMO's Corner. SGL Requirements. Citizen's Charter. Guidelines on Importation. Guidelines on Exportation. What is a Free Trade Agreement? Postal Import. Tax Calculator. Parcel Tracking Systems. BOC Tracking. DHL Tracking. UPS Tracking. Media Releases. Accomplishment Report. Collection Districts I-VI. HR Forms. Written Examinations. Notice of Interviews. Selection of Candidates for Appointment. Bulletin of Vacant Position. BOC Webinar. Auction and Sales. Customs Knowledge Resources. Gender Equality and Diversity. Philippine National Trade Repository. Philippine Tariff Finder. Tariff Classification Information System. Tariff Commission Rulings. Authorized Economic Operator. Bureau of Customs Time Release Study. Importing Relief Goods. Court Rulings of Rice Importations. Customs Dashboard. Import Clearance Overview. Monthly Import Entries Bid Opportunities. Bid Documents. Bid Supplement. Summary of Awarded Contracts. Annual Procurement Plan. Previous Next. Open Data Portal. Official Gazette. Republic of the Philippines. Office of the President. Office of the Vice President. Senate of the Philippines. House of Representatives. Supreme Court. Court of Appeals. Open toolbar Accessibility Tools.

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