Art 189 unfair competition

If Uber and Grab

 Two key transport vehicles

 May not be identical but similar
 If grab will absorb Uber MERGER
 There will be no competition anymore.
 PCC will determine whether to allow absorption if then UBER WILL PAVED WASY.

MONOPOLY MUST BE REGULATED

 IF NOT; GRAB WILL DICTATE ON THE QUALITY OF SERVICE

 THE TIME THAT THEY WILL SERVE
 CONSUMERS THENW ILL BE LEFT WITH NO OPTION

Ph. CRIMINAL MONOPOLY IN RESTRAINT OF TRADE

HOW DO WE PROVE?

THE Philippine Competition commission will look on the civil aspect of the case

It is a quasi-judicial body by Executive or legislation they decide on the matter but can be appealed to CA

 They accept the evidence

 Only to determine the possibility of filing a case
 PCC can ask only the, they will ask the persons that are INVOLVED
 Like in COMELEC (req for general)

If PCC prevented with the cont. business would it not be a violation of constitutional rights.

PCC ask then go- appeal

Depriving the property without being heard?

No. cite the case of rural bank v. CA. also they can appeal.

PCC will determine

1. Whether monopoly exist?

2. Decide ( no cross examination)
3. Can Appeal to CA
4. Monopoly in restraint of trade

Q: If GRAB only;It cannot question coz it is the only option right?

A: Yes. Monopoly then.

Q: If G and U do not merge

 RTC has jurisdiction to offer evidence
Yes. They can maintain

Examples: Meralco as a public utility ,Globe and Smart , Dennis phoenix petroleum; absorb, Cartel.

Intellectual property; Unti- corp?

Patent and trade mark

Unti trust law infringement of patents and

trademark

Not meant for the lambing> Allow to monopolize it be the only

ownership distributor

Not meant for lambing? Of

ownership of property

60 and 40 protectionism.

Note if it will be removed?

Title 5

DDL; 1972

CDA: 2002 same; not the same

In the 1972 act

 It generally prohibited and regulated drugs That can be sold upon prescription certain Drug
company That can sell this.

Marijuana is completely prohibited

Shabu is only regulated

 Specific drug store and prescription is needed

Dangerous
Iodine,
Hydrochloric acid
 Q: if A B and C has the essential chemicals
Form prescription
? Liability?
A: In the 1972 DDA they are not liable as possession is not punished.In the DDA 2002 they’re
liable now for possession and not from mixture

 It forms a presumption, a prima facie evidence.

 The presence of controlled precursors are punished.

Prima facie v. probable cause

Probable cause is the probability or improbability of a fact in the issue

Opium wars

Idea; drug is not prohibited; Just the abused

The use alone is not punishable.

Importation principals

(liable)

Financiers 1. Induced
2. Indispensable
Sale, trade and administration
participation
Maintenance of the Den 3. Direct participation

Employee and visitors

Manufacture of DD

Possession nagkumpulan Lang

-illegal gambling Na.

Kinapkapan

- Possession na
- In the case of Estipona v. Rodrigo, the pivotal question was who should be given the authority to
determine the validity of the plea of guilty?

In DDA or R. A no. 9175 it was said there the plea of guilt is not available. .

Plea of guilt is a procedural aspect.

Court will determine

Now with plea of guilt whether to incarcerate

Sell is not yet subject to (40; 57)

Now: in CDA

Depends on amt

For example if 5 grams

Planted drugs planting is punishable

No one has been liable yet no jurisprudence

Incriminating when planting.

Now: in CDA

Possession

6 to 12 years?

8-12 years .09 not even half

To Sell

Life imprisonment

Administration, Distribution and transportation

When there is a presumption of manufacture

1. The cultivation of plants used for drugs

Except: Medical marijuana
Prescription drugs
2. Manufacture equipment
3. Paraphernalia- foil and tuter
Chemistry equipment and lighters

Sec 5 and sec 11

Sec 12 possession of paraphernalia

Confiscate, Sale, Drug

Espinosa et al

Assets can be consisted

DP witness particular/ interest.

When is mandatory testing Valid to mandatory testing)

1. Essential gov’t license driving

2. schools(Under the power of parens patria)
3. public or private companies

Liability of such (SJS v. DDB)

LaW OF ENFORCEMENT AGENCY- DRUG

TATOO FREE

NAT’L OFFICIALS

PDEA

Need not to be divulged

 Maintain anominity
 Must approve

SC assigned SPECIFIC DRUGS COURT

Designated (regular courts but SC will designate courts)

 Exclusive jurisdiction

Like Family court

Not 51: 35

Q: Cir. are of pending cases regular to the court as compared to the D court?

A: Designated prosecution but If the number has exceeded the exec judge can raffle to regular courts.

When crime is committe 9penalties)

If order

In use of Drug

Qualified aggravating

If alien
same sentence from it

Gov’t officer

Perpetually absolute

Juridicial person

Can be liable (54:10)

 Rehabilitation

Whether voluntary or compulsory

1. Voluntary admit but never arrested

‘Not liable to any crime

Evidence

Admission

Not free when arrested; right to be rehabilitated must be guilty

He may be rehabilitated but he is not acquitted after arrested

Can be rehabilitated

Go back on trial after rehabilitation not plead of guilt.

Not acquitted after arrested can be rehabilitated already Compulsory but liable pa rin

In cases when the offender is a minor

Art 80 suspend s the sentence

 Can be subject to conviction pa rin

Constructive possession Animus posssidendi

The purpose of drug possession?

The test; do not intend to arrest

Determine only if sell Asset permission positive.

Must apply for search warrant muna

Specific what must be the seized property?

Search warrant; the person to whom it as was for was not there?

Implemented enter and arrest

Got in drugs

If the P was not there; liable

Found in his house the person who found in the unit

Buy bust

Negotiation

Exchange drug and give money presumption? Buyer?

Signal prearranged sign

1st level metropolitan, MTC MTCC

Courts of limited Jurisdiction (only in their jurisdiction)

2nd level RTCC Gen. Jurisdiction

6 years 1 day and suspension?

SC deals with the Q of law

Appellate court CA

RP to D. appeal from trial

Judicial regions

Fiscal is the prosecution skip 28:30\

It has now become a crime of person

RA 9165

DDA

BP 129

Judiciary reorganization Act

1980

1500 courts

VENUE IS JURISDICTIONAL SUBJECVT TO MOTION TO QUASH

Willfully and unlawfully and feloniously

Chain of custody

If inquest case must be certified

Forensic chemist

Tested and hearsay

Eye witness

Bail

Cash bail

No bail req

No bail nece
(Light felony)

Bail recommended

States

Informant identity is never revealed.

Team 4-6 1 buy bust

Assisted b informant

Lookout stand by

Amount of money

Exchange consummate prosecution

Source;

In the case of estipona v. Rodrigo

August 2017

Pre bargaining agreement

Matter of procedure

Something that can be decided by unconstitutionality

Title 7

208 evidence that were gathered secondary evidence photocopy

Testimony documentary objective evidence

Either submit the very object

Was it proper

Probable cause

Easiest kid of evidence

Amotive bad faith of malice not essential of opublic officer

Step up and file

Murder not bailable

Conspiracy pag amdami

Charge them all as principals

Evidence police talks and what happened

Tolerance- non filling of a case tghat should be filled

If you file homi tolerance ng bad faith not nce malice

209 officer of the court involved with public responsibility counsel de officio

 2 kinds of bribery
1. Direct
Indirect
Gift of anything in value
Even if the officer is in temporary or project based position he can be held liable for bribery.

x. actions of the public official

Performance is limited
1-2-3 exceeded? Somebody else’s
x. statutory? If normal that it exceeds not on a premise of a bribe
(take note of exigencies)
x. responsibility – boundary of duty
When exceeding – arbitrary ( there is no reason ( lyra: I need an acceptable reason)

x. judge ( cannot be seen is a place of gambling) – they have judicial discretion – not freely based
on statutes and jurisprudence but also on equity.
Under judicial discretion a judge may do this, that or convict or no.
As you feel it but should not be arbitrary
x. act or omission
Actually committed it cannot be absorbed ( received bribe not only bribe but also malversation.
(property for personal use)

One judge resigned

After that he was entangled with a bribe
Q: does that excuse you? Course not.
Judges are suspended not to influence others.

2. Indirect bribery
A judge accepted a bribe by reason of office.
According to judge alaras moderate daw is okay lang.
x. qualified bribery guilty by association
moto propio no complaint it is the office of the court that files it.
x. graft cases voultary gives information
immunity in prosecution but only in that particular case not with other.
x. RA 1375 illgotten wealth- found in your possession exceeds from your income;
inproportionate.
 SALN PD 749
7080 illgotten wealth SB has jurisdiction to the appellate court ( decides as a collegial body)
x. plunder series of acts (pattern)

x. corrupt practices includes the GOCC

Public officer is
1. Elected
2. Appointed
3. GOCC
4. Instrumentalities
5. Classified/ not clssi
X. influencing or acceptance of Any amount below 50 m Anti-graft yon
X. penal law not just to ensure
H/I divest
J license
K divulge
Prohibition on spouse
Prohibition on a relative (unless thee is a prior business)
Sec 7 SALN
Sec 8prima facie evidence v. probable cause
x. probable casue is easier to prove
X prima you have to prove rather than what is felt ( a prima facie evidence is rebutted by a
presentatuion of an evidnce)
Penalty is not less than 6 years

Suspension is mandatory but is not automatic 90 days max.

15 years is the prescription
Sec 9

Anti graft and corrupt practices act RAA 3019

Who is a PO
is a public trust,
to repress certain acts of PO and PP alike which constitute G and C practices or
may lead thereto.
Deter dishonesty
What is being punished?
Receiving of any gifts incl the acts of accepting directly and indirectly a gift from a person
other than a member of the immediate fam or relative within fourth consanguinity even if
it’s Christmas if the value under the circumstances is MANIFESTLY EXCESSIVE.
 1. It also punishes the persuading, inducing or influencing of another public officer to
perform an act constituting GCP in connection to office duties or
2. Allowing himself to be PII.

It is necessary that there is an allegation toward the officer (AGCPA in P v. Bornales)

3. Directly or indirectly receiving in connection to a contract or transaction bet the govt in
connection with his OFFICIAL CAPACITY.
4. Directly or indirectly REQUESTING In order to obtain LICENSE OR PERMIT
5. accepting or having his fam accepted an employment in a private entrep which has pending
business with him within 1 year before his termination
* THE PROHIBITION IS REFERING TO EMPLOYMENT IN A PRIVATE NETERP HENCE IF IN GOVT
IT DOES NOT APPLY.
6. Undue injury to any party incl the govt thru manifest partiality bf g inexcusable negli.
(Grant of license or permits) giving unwarranted advantage or preference in the discharge of
administrative or J function.
NOTE: it must be established by REASONABLE DOUBT.
How is there an undue injury?
A mayor bought a truck without bidding
The cost which is high is an injury to the govt when it could have been purchased at a much
lower price.
A local chief f can only; resort to; negotiated; purchase
1. public; bidding have failed for at least 2 times
2. no suppliers have qualified to participate or win the bidding
6. Neglecting or refusing after DD or request without sufficient justification, to act within
reasonable time on any matter pending before him fro the purpose of obtaining directly or
indirectly favoring his own interest.
Entering in behalf of the govt contract or transaction manifestly and grossly disvanatgeos to
the govt. whether or not he has profited or will profiting

268:Must show that he was to prolong but yet he released the P within that time.

No mitigation if the penalty have been instituted because he acted thru fear that’s why he released?

If the V is a Woman no mitigating cir of punishment and 247

267 and 268 are different

269: punished both private and public offender sec 6 rule 113 a private citizen may arrest without
warrant

For pub off If w/o reasonable ground

Purpose is to deliver to proper authority

Liable.
Unlawful arrest is punished as AD Art 124

Locking up or detaining to deliver to proper authorities

And it Sid developed the detention is unlawful

There is Unlawful A

Making an arrest not authorized by law

Motive here is controlling

Purpose to deliver= VA

Absence of this motive?

May be shown by the length of the V is detained

270 essential sec 2 kidnap of minors

Kidnap

Failure to return

Inducing a minor to abandon his house

 Entrusted with custody RP deliberate failure to restore the minor of one’s custody
 And kidnapping a minor not in custody of both are deprivation of liberty

271. Inducing a minor to abandon his home]

If M or F the penalty is AM fine 300

Requisites

1. That the minor lives with his parent/ guardian

Offender induces to abandon his home

Inducement actual\, w/c intent determined by a will to cause damage

 To induce; influence; to prevail and incite motives not nece that the minor actually left the
home
 Minor should not leave his home on his own free will
In people v. ricarte abandoned house because of the promised
 F and M when one kidnaps from one who has custody induces
 Any of the rules covered by the two proceeding chapter unlawful induces ( father and mother of
the mother )

Sec 3 slavery and servitude

272

The purchase, sell kidnap detain/ immoral traffic

If the purpose is to: enslave

Employment of minor with consent of parent even against the minor’s will not liable

But if obliged without consent remuneration to remain to pay debt is slavery

273.0

1. Minor in his service

2. against his will

Under the pretest of reimbursing himself of the debt incurred by an ascendant, against his will

Under the pretest of reimbursing himself of the debt incurred by an ascendant, guardian person w/
custody of the minor

Against his will if he consented; there is no liability

274. under the compulsion to pay debt

1. C compels D to wok (household farm labor)

Against the will of the D

Porpoise to require or enforce payment of debt

Only as household or farm

Law did not distinguished whether or not.

Chapter 3

1. Private individual R not in the exercise of his office function

2. He seizes the paper
3. Purpose is to reveal the secrets
4. Informed of the contract

Seize; to place into possession of someone and was not given to him

 There is force or violence not nece

 Purpose must be to discover secret
 Not by mistake

Informed of the contracts no prejudice

 Not nece whether there is a secret not nece that it is revealed.

  P of post 2756 bawal unlawful opening of mail champertous contract between a judge,
public officer and appointed official

Conflict of interest

Canon 16

Chapter 4 malversation

Custody and control of fundsIf not then not malversation

Malversation and graft case

1. Q: can you raise double jeopardy

A: no the AGL is a special law

2. Q: use the car by sheriff?

A: yes, not public funds but the court holds it in custody a private property public funds can be
money.
3. Q: borrowing the money? And returning it namana after?

A: no, malversation pa rin.

The mere taking of the property makes a public officer liable for malversation already

The moment you have the control doesn’t have to have redound to benefit as long as you had the
possession of the property.

4. Q: if the property was lost into your custody?

A: a pub officer is accountable for as long as it is in your custody.

Q: is damage essential?

A: no the mere custody makes an officer liable

The difference between malversation and estafa

Malversation Estafa

Public property public officer Private property private/ public officer

There is fraud.

5. Q: the taking of a mall amount daily? How many crime?

A: Justice Regalado said that it is only one crime. (a continuing crime) delicto continued)

Some said that! Crime every day.

Malversation complex?

Falsity does

General appropriation’s act

6. Q: 20k nagging 15k. How may must be bought?

A: The needed quantity. And then put the other to savings, return to the gov’t

However, there are some instances where it is tolerated;Given to them na as add on.

There arose the PDAF

 It is also a law
 It transferred to other branches of gov’t
 Permit to travel must render account service p

Juggling of public funds

Realignment of funds

Within that branch of gov’t

Technical malversation

Recidivism

Must include in the info

* Idea that this was recidivism

Q: what if you allowed the prisoner to go out?

224 will it mitigate the return?

A: No because It does not require escape

Q:How can person’s not public officers be charged with 225

Hospital arrest?

Closed documents
  Minor commits a crime (record)
 Adoption papers

Maltreatment of prisoner

nanalo wait for recon

Motion to execute

Maltreatment of prisoner

Detention by final judgement same sentence

9745

Officials public oath

 Protect prior to oath

 After oath

= different

Because Not taking oath- abandonment of office

Oath- entry of office

Judicial legislation

Activism

Criminal case.

Title 8

Destruction of life

 If the adoption was not legal

 If not spouse (common law spouse)
 Essential
 If they are annulled; murder yon.

 Independent civil liability ( if small in the criminal case) you can file for a separate case for civil )

Reckless imprudence cannot be set side

Conspiracy?

Parricide. Relationship

10951 arbitrary

No probation in RTC undueinfl no ISLAW\

Legally married

Daughter person= both the spouse.