G.R. No.

172678 March 23, 2011

SEA LION FISHING CORPORATION, Petitioner,
vs. PEOPLE OF THE PHILIPPINES, Respondent.

Fishing vessel was used in illegal fishing without the knowledge of fishing vessel owner.

When an instrument or tool used in a crime is being claimed by a third-party not

liable to the offense, such third-party must first establish its ownership over the
same.
-----------------------------------------------------------------------------------------------------------------------------------------
G.R. No. L-13678 November 20, 1959
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs. MOISES CUBELO, defendant-appellant .

Appellant contends that he may not be convicted of illegal fishing with dynamite because the information fails to allege the
intention to fish with explosives.

Whether or not intention to fish with explosives must be alleged in the

Information.

NO. Intent may be rightly presumed from the result of the act.

××× exploded a stick of dynamite in the water and killed a large fish ×××. The logical presumption is that the explosion was
for the purpose of fishing, that is to say, to catch that big fish which at the time he knew was near him or within the area
where he threw the stick of dynamite.

-----------------------------------------------------------------------------------------------------------------------------------------