SPL Module 5 (Case Deck)

Question 2

How did the SC rule on the constitutionality of the provision of sec 23 of RA 9165 prohibiting plea bargaining?

Answer 2

section 23 of RA 9165 is declared unconstitutional for being contrary to the rule-making authority of the Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution

Estipona v. Pp

Question 3

What are the elements for illegal sale of DD?

Answer 3

in a prosecution for illegal sale of DD the ff: must be proved (Pp v CABADDU)

1. that the transaction took place
2. that the corpus delicti or the illicit drug was presented as evidence
3. that the buyer and seller were identified

Question 4

Prosecution insofar as illegal sale of MARIJUANA is concerned

Answer 4

1. identity of the buyer & seller
2. object of the sale and consideration
3. delivery of the thing sold & payment

Question 5

Is the non-representation of buy-bust money fatal to the prosecution of the case?

Answer 5

Presentation of “marked money” is NOT ESSENTIAL in the prosecution of selling DD in buy-bust operations because it is NOT indispensable, it is merely corroborative evidence

Question 6

Pedro, a jeweler, accumulates cash from selling stolen jewelry. To hide its illegal origin, he deposits it into various bank accounts. The bank, under BSP’s regulation, fails to report the suspicious transactions to AMLC. Pedro is guilty of money laundering, while the BSP is liable for not reporting the suspicious activity.

what are the crimes committed?

Answer 6

The crime committed under RA 9160 or the AMLA insofar as Pedro is concerned is section 4c where he conceals and disguises the proceeds of the unlawful activity he has performed

insofar as BSP is concerned, for failing to report to the AMLA council, BSP is liable under section 4 where it states that those covered persons who fail to report to the AMLA council is also liable for committing ML.