Case Digest (G.R. No. 246434) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
Hernald Bermillo y de Vera was charged with possession of methamphetamine hydrochloride, or shabu, weighing 0.019 gram, on or about March 21, 2015, in Camiling, Tarlac. According to the prosecution, based on a confidential informant's tip, police organized a buy-bust operation targeting Vilma Matias, who was selling illegal drugs. Police officer Mark Anthony Alviar acted as the poseur-buyer, with back-up officers including PO3 Navero and SPO1 Calma. During the operation, Matias arrived with Bermillo in a tricycle. The poseur-buyer exchanged marked money for shabu from Matias. After arresting Matias, officers saw Bermillo attempting to discard a sachet also containing shabu. Both were brought to the police station, items marked and inventoried with witnesses including a barangay chairperson and representatives from media and DOJ. The drug samples were examined by Police Forensic Chemist Angelito Angel, who confirmed the presence of methamphetamine hydrochloride. At trial, Matias Case Digest (G.R. No. 246434) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Charges
- Hernald Bermillo y de Vera (petitioner) was charged with possession of dangerous drugs under Section 11, Article II of Republic Act No. 9165.
- The Information alleged that on or about March 21, 2015, around 5:35 PM, in Camiling, Tarlac, Bermillo possessed one heat-sealed transparent plastic sachet containing 0.019 gram of Methamphetamine Hydrochloride (shabu).
- Arrest and Buy-Bust Operation
- A confidential agent informed Police Senior Inspector Manolito S. Jandoc about Vilma Matias's illegal drug dealings.
- A buy-bust operation was organized with PO1 Mark Anthony Alviar as the poseur-buyer and other police officers as back-up.
- Matias and Bermillo arrived together; PO1 Alviar gave marked money to Matias, who gave him a sachet of shabu.
- Upon arresting Matias, police observed Bermillo drawing and trying to throw a sachet, which was seized.
- Both were taken to the police station; seized items marked and inventoried in presence of barangay official, a media representative, and DOJ representative.
- Forensic Examination
- Seized items brought to PNP Crime Laboratory for forensic chemistry examination.
- Police Forensic Chemist Angelito Angel conducted tests, confirming the presence of methamphetamine hydrochloride.
- Defense's Version
- Bermillo and Matias contended they were on their way home from butchering a pig and denied illegal possession.
- Police allegedly showed them shabu to coerce admission; no illegal items were found in the initial frisk.
- Trial Court and Appeals
- RTC of Camiling found Bermillo guilty beyond reasonable doubt and imposed an indeterminate prison term of 12 years 8 months to 17 years 8 months plus a fine of Php300,000.
- CA affirmed the conviction, ruling the chain of custody was properly observed.
- Motion for reconsideration by Bermillo denied by CA.
- Petition for review filed before the Supreme Court, which also initially denied the petition.
- Motion for Reconsideration before the Supreme Court
- Bermillo challenged the validity of his arrest and the chain of custody of the seized drugs.
- Argued absence of probable cause for warrantless arrest and unconstitutional warrantless search.
Issues:
- Whether the warrantless arrest of petitioner Bermillo in flagrante delicto was valid.
- Whether the prosecution satisfactorily established the unbroken chain of custody of the seized methamphetamine hydrochloride under Section 21 of RA 9165, as amended by RA 10640.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)