Case Digest: People vs.Ted Miguel Batoon and Melchor Miguel Batoon

G.R. No 184599

People vs.Ted Miguel Batoon and Melchor Miguel Batoon

November 24, 2010

Facts:

Accused-appellants Teddy Batoon and Melchor Batoon were found guilty of violating Sections 5 and 11 of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002 after they sold a sachet to a poseur-buyer in a buy-operation and after 3 more sachets were found in their possession.

Teddy and Melchor appealed the decision, questioning the chain of custody over the alleged confiscated prohibited drugs and Melchor’s conviction for illegal possession of shabu. 

Ruling:

In a prosecution for illegal sale of dangerous drugs, the following elements must be established: (1) proof that the transaction or sale took place; and (2) the presentation in court of the corpus delicti or the illicit drug as evidence.

The Court held that the buy-bust operation was valid and that there had been no showing in the records that the chain of custody was broken.

For conviction of illegal possession of a prohibited drug to lie, the following elements must be established: (1) the accused was in possession of an item or an object identified to be a prohibited or regulated drug; (2) such possession is not authorized by law; and (3) the accused was freely and consciously aware of being in possession of the drug. Although the three sachets containing shabu were found solely in the possession of Teddy, it was evident that Melchor had knowledge of its existence. Records regarding the transaction between the poseur-buyer, Teddy and melchor showed that the accused-appellants conspired in the illegal-business of drugs.

Proof beyond reasonable doubt against accused-appellants were held to have been successfully adduced. 

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Case Digest: Ang Ladlad LGBT Party vs. Comelec

G.R. No. 190582               April 8, 2010

ANG LADLAD LGBT PARTY vs. COMMISSION ON ELECTIONS 

Facts:

Comelec refused to recognize Ang Ladlad LGBT Party, an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs),as a party list based on moral grounds. In the elevation of the case to the Supreme Court, Comelec alleged that petitioner made misrepresentation in their application.

Issue:

Whether or not Ang Ladlad LGBT Party qualifies for registration as party-list.

Ruling:

Ang Ladlad LGBT Party’s application for registration should be granted.

Comelec’s citation of the Bible and the Koran in denying petitioner’s application was a violation of the non-establishment clause laid down in Article 3 section 5 of the Constitution. The proscription by law relative to acts against morality must be for a secular purpose (that is, the conduct prohibited or sought to be repressed is “detrimental or dangerous to those conditions upon which depend the existence and progress of human society"), rather than out of religious conformity. The Comelec failed to substantiate their allegation that allowing registration to Ladlad would be detrimental to society.

The LGBT community is not exempted from the exercise of its constitutionally vested rights on the basis of their sexual orientation. Laws of general application should apply with equal force to LGBTs, and they deserve to participate in the party-list system on the same basis as other marginalized and under-represented sectors. Discrimination based on sexual orientation is not tolerated ---not by our own laws nor by any international laws to which we adhere.

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Case Digest: Dibaratun vs. Comelec and Abubakar

G.R. No. 170365               February 2, 2010

ABDUL GAFFAR P.M. DIBARATUN vs.
COMMISSION ON ELECTIONS and ABDUL CARIM MALA ABUBAKAR

Facts: 

The Comelec en banc ruled a failure of elections in precinct No. 6a/7a, Lanao del Sur

on the second instance stated in Section 6 of the Omnibus Election Code, that is, the election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud or other analogous causes. The Election on said precinct was disrupted by a commotion, was untimely suspended and never resumed. The Comelec decision, consequently nullified the proclamation of herein petitioner dibaratun as winner.

Petitioner Dibaratun contended that Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring a failure of elections for acting on herein respondents’ petition even if such petition was filed out of time.

Issue:

Whether or not Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring a failure of elections

Ruling:

The Court found the petition for declaration of failure of elections under Section 6 of the Omnibus Election Code to be in order, and it was properly disposed of by the COMELEC en banc.

The Court noted that the provisions on failure of elections in Section 6 of the Omnibus Election Code and Sec. 2, Rule 26 of the COMELEC Rules of Procedure do not provide for a prescriptive period for the filing of a petition for declaration of failure of elections. It appears that the COMELEC en banc had the discretion whether or not to take cognizance of such petition. In this case, the petition was filed 11 days after the scheduled election. The Court held that the findings of fact of the COMELEC en banc are binding on this Court.

There was no grave abuse of discretion imputable to Comelec in the exercise of its functions and duties.

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