DANIELES, ALVIN C.

3BSC6C

DIRECT TO THE COURT

1. If the person is already detained. - Give an example situation.

Violation of R.A 9165 Buy Bust Operation

At Bulan Civil Cemetery located in Brgy Zone 8, Bulan, Sorsogon, September 29,
2015/4:00 PM. Jomar Grayda alyas "Octopos", 27, single, unemployed and inhabitant of
Purok 3, Brgy Zone 8, Bulan, Sorsogon. The joint elements of the Bulan Municipal
Police Station, headed by PCINSP JIMMY MEDINA PINTOR, Officer In-Charge, at the
time and date given, "Anti-Dangerous Drug Buy Bust Operation was carried out against
the aforementioned suspect by SPPSC 2nd Maneuver Platoon led by PO3 Teddy
Reyno Sacopon, in which he delivered and handed over to the police poseur buyer one
(1) piece of heat sealed transparent plastic sachet containing white crystalline
substance suspected of being methamphetamine hydrochloride commonly known as
"SHABU” And likewise, the poseur buyer handed over one (1) piece of Five Hundred
Peso Bill (Php 500.00) marked cash bearing serial number BV293533 with APF
markings to the suspect, but sensing that the poseur buyer and other operatives were
members of law enforcers, suspect immediately fled and thrown the above Five
Hundred Peso Bill (Php 500.00) marked cash prompting other operatives/arresting other
operatives/arresting The officers are going to Brgy to chase the fugitive from Bulan Civil
Cemetery. San Vicente and finally arrested at a certain Jorge JORDAN y Hadap's
house, located at Purok 3, Brgy. Zone-eight, Bulan, Sorsogon. The arrested subject was
subsequently brought for documentation and proper disposal to Bulan MPS, as well as
being subjected to medical and physical examination at Pantaleon G Gotladera
Memorial Hospital, Sitio Pawa, Brgy. Sorsogon, Lajong, Bulan. The alleged, confiscated
and recovered pieces of evidence arrested were brought/submitted to the Regional
Crime Laboratory Office of the PNP, Camp General For laboratory examinations on the
pieces of evidence confiscated and recovered and drug testing of the defendant,
Simeon A Ola, Legazpi District.

2. What is habeas corpus and give an example.

Habeas corpus is a legal action or writ by means of which detainees can seek relief
from unlawful imprisonment. In the Bill of Rights of the Philippine constitution, habeas
corpus is guaranteed in terms almost identically to those used in the U.S. Constitution.
in Article 3, Section 15 of the Constitution of the Philippines states that "The privilege of
the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it"

Example.

Benjamin Dumlao, a policeman of the City of Manila, arrested the petitioners on April 2,
1948, on the complaint of Bernardino Malinao, accusing the petitioners of having
committed the crime of theft, and lodged a complaint against them with the Manila fiscal
office. Until 7 April 1948, when the appeal for habeas corpus was heard in that court,
the petitioners were still present. Detained or under arrest, and the town attorney had
not yet released or lodged information with the appropriate courts against them. This
case was not resolved before this time because in Manila there was not a sufficient
number of Justices to form a quorum, and it had to be moved for deliberation and
judgment to the Supreme Court acting in division here in Baguio. So far, we have no
official details on the action taken by the city prosecutor's office on the Dumlao's
complaint against the petitioner.

Petitioners Melencio Sayo and Joaquin Mostero were apprehended at 11:30 in the
morning of April 2, 1948, upon complaint of Bernardino Malinao, for the crime of alleged
robbery.

The fact is alleged expressly in respondent's answer supported by the affidavit of

Benjamin Dumlao (Exhibit 1), the patrolman who made the arrest. Therein it is also
alleged that petitioners were "finally" placed under arrest at 4:30 p.m. and 5:00 p.m.
respectively, on the same day, April 2, l948.

The distinction between the two arrests, the apprehension made at 11:00 a.m. and the
"final arrest at 4:30 and 5:00 p.m., is purely academic or imaginary. There was but one
arrest, effected at 11:00 a.m., April 2, 1948, and continued without interruption until the
petition had been filed with us April 5, 1948, at the hearing on the next day. Until the
moment we are writing this opinion we have not heard that petitioners have been
released at any time.

Respondents allege also that on April 3, 1948, at about 8:30 a.m., a criminal complaint
was filed with the fiscal's office of Manila, and that by said filing their duty to deliver
arrested persons, within six hours from their arrest, to a proper judicial authority has
been duly complied with.

There is no dispute that no warrant of arrest has ever been issued for the apprehension
of petitioners.

3. What are provisional remedies? (give description/ definition)

Provisional remedies are proceedings and procedures available during the pendency of
the action which a litigant may resort to in order to safeguard and protect those rights
and interests therein before a final judgment in the case is delivered and for the ultimate
effects of the action. The provisional remedies were attachment, preliminary injunction,
reception and supply of personal remedies Property provided for in Rules 59, 60, 61
and 62 of the Rules of the Court, respectively, shall constitute remedies for which the
litigant parties may, during the pending principal litigation, resort to the preservation or
defense of their rights or interests and for no other reason.

4. When are the crimes or offenses prescribed? (Book 1)

Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years. The
crime of libel or other similar offenses shall prescribe in one year.The crime of oral
defamation and slander by deed shall prescribe in six months