sic itur ad astra

             Article 267:  Kidnapping and Serious Illegal Detention  |  Criminal Law Facts: Armando Dionaldo, Renato Dionaldo, Mariano Gariguez, Jr., and Rodolfo Larido were found guilty beyond reasonable doubt of the crime of Kidnapping and Serious Illegal Detention. At around 8 o'clock in the morning of May 16, 2003, Roderick Navarro  dropped his brother Edwin Navarro  off at the Health Is Wealth Gym in Caloocan City. Thirty minutes later, he received a text message from another brother who told him that Edwin had been kidnapped. Records show that three (3) men, later identified as Armando, Renato, and Mariano, forcibly dragged a bloodied Edwin down the stairway of the gym and pushed him inside a dark green Toyota car with plate number UKF 194. Upon receiving the message, Roderick immediately reported the incident to the police. At around 10 o’clock in the morning of the same day, he received a phone call from Edwin's kidnap...

            Article 267:  Kidnapping and Serious Illegal Detention  |  Criminal Law Facts: Millano Muit , Sergio Pancho, Jr ., Rolando Dequillo , Romeo Pancho , Eduardo "Eddie" Hermano , and Joseph Ferraer were charged with  kidnapping for ransom with homicide and carnapping in two separate informations. Only Muit, Pancho Jr., Dequillo, Romeo, and Ferraer were arrested and stood trial. However, Ferraer was discharged from the criminal cases by the Regional Trial Court (RTC) and was utilized as a state witness. All appellants pleaded not guilty during their arraignments. In the afternoon of 11 November 1997, Orestes Julaton , a relative of Ferraer, arrived at the latter’s house in Kaylaway, Nasugbu, Batangas with Sergio Pancho, Sr,   Pancho, Jr., Dequillo and four other men on board a gray Mitsubishi car with plate number PSV-818. Julaton introduced them to Ferraer and told the latter that Pancho, Sr. is also their relativ...

           Article 267:  Kidnapping and Serious Illegal Detention  |  Criminal Law Facts: At about 3:00 p.m. on December 13, 1999, Teresa went with Christopher and her elder sister Zenaida to a McDonald’s outlet in the KP Tower in Juan Luna St., Binondo, Manila. Teresa and Christopher looked for a vacant table while Zenaida proceeded to order their food. Shortly after Teresa took her seat, Christopher followed Zenaida to the counter. Barely had Christopher gone from his mother’s sight when she realized that he had disappeared.  She and her sister frantically looked for him inside and outside the premises of the fastfood outlet, to no avail. As their continued search for the child was futile, they reported him missing to the nearest police detachment. The following day, Teresa went to several TV and radio stations to inform the public of the loss of Christopher and to appeal for help and information. Despite the publicity, however, Teresa...

     Crimes Against Personal Liberty and Security |   Criminal Law RA 4200 –  Anti-Wiretapping Act of 1965 Crime of wiretapping - It shall be unlawful for any person, not being authorized by all  the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described. It shall also be unlawful for any person, be the a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wirerecord, disc record, or any other such record, or copies thereof , of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to r eplay the same for any othe...

                  Due Process  | Constitutional Law Facts: Petitioner Restituto Ynot had transported six carabaos in a pump boat from Masbate to Iloilo when they were confiscated by the police station commander of Barotac Nuevo, Iloilo, for violation of the Executive Order No. 626-A. The thrust of his petition is that the executive order is unconstitutional insofar as it authorizes outright confiscation of the carabao or carabeef being transported across provincial boundaries. His claim is that the penalty is invalid because it is imposed without according the owner a right to be heard before a competent and impartial court as guaranteed by due process. He complains that the measure should not have been presumed, and so sustained, as constitutional. Issue: WoN  the executive order is unconstitutional for being violative of due process of law.   Held:  Executive Order No. 626-A is  unconstitutional. The minim...